HomeMy WebLinkAbout2010-07-20 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Tuesday, July 20, 2010, 4:00 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. OCWD Memorandum of Understanding for Annexation
Recommendation: That the Committee recommend the Board of Directors execute
the revised MOU for annexation with OCWD.
2.2. MWDOC Client Agency Agreement
Recommendation: That the Committee recommend the Board of Directors approve
the MWDOC Client Agency Agreement.
2.3. Orange County Council of Governments (OCCOG) Joint Powers Agreement
Recommendation: That the Committee recommend the Board of Directors adopt
Resolution No. 10-19 and execute the amended and restated OCCOG Joint Powers
Agreement.
2.4. Memorandum of Understanding with the County of Orange for the Utilization of AlertOC
Recommendation: That the Committee recommend the Board of Directors authorize
the General Manager to enter into an MOU between the County of Orange and
MWDOC for use of the Alert OC system.
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. AWWA QualServe Program
3.2. General Counsel's Monthly Summary Billing Report June 2010
3.3. General Manager's Action Plan and Employment Contract (Verbal Report)
3.4. Future Agenda Items and Staff Tasks
4. ADJOURNMENT
4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held August 17, 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: July 20, 2010 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Annie Alexander, Executive CEQA Compliance: N/A
Secretary
Subject: OCWD Memorandum of Understanding for Annexation
SUMMARY:
On October 16, 2009, YLWD filed a formal request to annex territory to the Orange County Water
District. The City of Anaheim and the Irvine Ranch Water District also filed formal requests to annex
property in January and February 2010, respectively. The first version of the Memorandum of
Understanding (MOU) was approved by the YLWD Executive-Administrative-Organizational
Committee on May 5, 2010. Since that time, the MOU has been revised and is being presented to
the Committee for reconsideration.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors execute the revised MOU for annexation
with OCWD.
DISCUSSION:
The attached revised MOU was approved by the OCWD Water Issues Committee on July 14, 2010
and is being presented to the OCWD Board of Directors for consideration on July 21, 2010. The
recent revisions to the MOU are highlighted on pages 9 and 18. Once the revised MOU has been
approved by the OCWD Board of Directors, staff will present it to the YLWD Board of Directors for
consideration.
Within thirty (30) days of the date of the approved MOU, YLWD will be required to notify OCWD of
the location, proposed depth(s) and capacity of future groundwater production facilities. If no new
groundwater facilities are planned, OCWD requires the identity and planned increase in production
levels for any existing groundwater production facilities needed to support the territory YLWD
wishes to annex.
Upon completion and certification or adoption of the CEQA Documentation, all four (4) parties
named in the MOU will prepare and consider approving and executing an annexation agreement
setting forth the direct financial obligations of each agency with respect to their annexation requests
and associated impacts. This obligation includes an annual annexation charge, as set forth in the
attached OCWD Resolution 86-2-15.
ATTACHMENTS:
Name: Description: o ype:
Annexation MOU - 071410.pdf Revised OCWD Annexation MOU Backup Material
MEMORANDUM OF UNDERSTANDING
BETWEEN ORANGE COUNTY WATER DISTRICT, CITY OF ANAHEIM, YORBA
LINDA WATER DISTRICT AND IRVINE RANCH WATER DISTRICT REGARDING
PROCESSING AND CONSIDERATION OF ANNEXATION REQUESTS AND
ASSOCIATED CEQA DOCUMENTATION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter referred to as the
"MOU") is entered into as of this day of July 2010, by and between the ORANGE
COUNTY WATER DISTRICT, a special governmental district organized and existing
pursuant to the Orange County Water District Act, Chapter 924 of the California Statutes of
1933, as amended (hereinafter referred to as "OCWD"), the CITY OFANAHEIM, a charter
municipal corporation (hereinafter referred to as "City"), the YORBA LINDA WATER
DISTRICT, a special governmental district formed under the County Water District Law,
Water Code section 30000, et seq. (hereinafter referred to as "YLWD"), and the IRVINE
RANCH WATER DISTRICT, a special governmental district formed underthe County Water
District Law, Water Code section 30000, et seq. (hereinafter referred to as "IRWD").
RECITALS
A. OCWD's Resolution No. 86-2-15 adopted on February 19, 1986, and
affirmed by Motion No. 99-107 set forth in the minutes of June 2, 1999, a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this reference (the "Policy"),
provides for the annexation of territory that is within the boundaries of long-term producers
within OCWD, within the Santa Ana River Watershed and the boundaries of the
Metropolitan Water District of Southern California, subject to the payment of an annexation
fee calculated under a formula specified therein, for the purpose of providing uniformity of
cost and access throughout the lands within OCWD's jurisdictional boundaries.
B. By letter dated October 16, 2009, YLWD filed a formal request to annex
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certain territory within the service boundaries of YLWD and depicted in Exhibit "B" hereto to
OCWD (such request is hereinafter referred to as the "YLWD Annexation Request," and
such territory is referred to as the "YLWD Territory"). By letter dated January 15, 2010, the
City filed a formal request to annex certain territory within its municipal boundaries, as
depicted in Exhibit "C" hereto, to OCWD (such request is hereinafter referred to as the "City
Annexation Request," and such territory is hereinafter referred to as the "City Territory"). By
letter dated February 17, 2010, IRWD filed a formal request to annex certain territory within
its boundaries, as depicted in Exhibit "D" hereto, to OCWD (such request is hereinafter
referred to as the "IRWD Annexation Request," and such territory is hereinafter referred to
as the "IRWD Territory") (The YLWD Annexation Request, the IRWD Annexation Request
and the City Annexation Request are hereinafter collectively referred to as the "Project").
C. OCWD has undertaken a preliminary review of the YLWD Annexation
Request, the IRWD Annexation Request, and the City Annexation Request and determined
that the YLWD Territory, IRWD Territory, and the City Territory each satisfies the Policy's
criteria for annexation of such territory to OCWD.
D. The parties mutually desire that OCWD process the YLWD Annexation
Request, the IRWD Annexation Request and the City Annexation Request, and set forth in
this MOU the terms, conditions and understandings governing the processing of the Project
and OCWD's consideration whether to initiate one or more annexations. Each of the
parties desires to reserve its respective discretion during the term of the MOU to decide
whether it desires to continue with the cooperative process as contemplated herein.
E. The parties mutually agree that the Project constitutes a "project" for
purposes of the California Environmental Quality Act, Public Resources Code section
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21000, et seq. ("CEQA") and they have determined that OCWD should be the CEQA lead
agency for the preparation, processing and certification of the document required under
CEQA for the Project ("CEQA Documentation"). YLWD, IRWD and City agree to pay the
consultant's costs necessary to prepare and process the CEQA Documentation and the
costs for any identified mitigation measures, as set forth in this MOU.
EXECUTORY AGREEMENTS
NOW, THEREFORE, in consideration of the matters recited above and the
covenants, conditions and promises contained herein, the parties agree as follows:
SECTION 1: Intent.
The parties believe that undertaking the process provided for in this MOU will be in
the best interest of promoting consensus among the parties and other interested agencies
in accomplishing the planning and annexation activities described herein, but do not
hereby intend to relinquish any legal rights except to the extent expressly stated herein.
SECTION 2: Protect Review.
2.1 Lead Agencv. OCWD shall be the CEQA lead agency for the preparation,
processing and certification of CEQA Documentation, and for the consideration of initiation
of the City Territory, the IRWD Territory and the YLWD Territory to OCWD, as described in
this MOU.
2.2 Responsible Agency. The Project includes discretionary approvals by City,
IRWD and YLWD in addition to OCWD's consideration of the Project as the lead agency.
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City, IRWD and YLWD shall be CEQA responsible agencies for the preparation, processing
and certification of the CEQA Documentation, as described in this MOU. As the lead
agency, OCWD shall contract with and manage consultants to prepare and process the
CEQA Documentation. OCWD shall consult with City, IRWD and YLWD and provide City,
IRWD and YLWD with an opportunity to review and provide input on each major substantive
step involving direction by OCWD to OCWD's consultants regarding the Project, including,
but not limited to, consultant and supporting technical consultant selection; scoping; any
partially-complete administrative review drafts required of a consultant; screen check review
drafts; draft responses to comments; draft mitigation measures and monitoring plans; and
draft findings.
2.3 Scope of Review. The parties intend that the CEQA Documentation shall
cover the proposed initiation, processing, approval and implementation of the annexation of
the YLWD Territory, IRWD Territory and the City Territory to OCWD, and shall be used by
other agencies in connection with their review and action on the Project, including but not
limited to the Orange County Local Agency Formation Commission ("LAFCO") in the event
that proceedings are initiated to annex the YLWD Territory, IRWD Territory or the City
Territory to OCWD.
2.4 Milestone Schedule. The parties shall cooperate and use their best efforts to
prepare, process and consider certification or adoption of the CEQA Documentation in
accordance with the following schedule:
Task Completion Date
Selection and retention of CEQA Documentation consultant September 2010
Transmit Notice of Preparation November 2010
4
Completion of screen check (administrative draft) CEQA April 2011
Documentation
Release of draft CEQA Documentation for public review: June 2011
Completion of responses to comments on draft CEQA August 2011
Documentation:
OCWD Board consideration of certification or adoption of CEQA September 2011
Documentation & Annexation Agreement:
SECTION 3: Responsibilities of Parties.
3.1 OCWD's Responsibilities.
3.1.1 OCWD will prepare the CEQA Documentation to evaluate the potential
environmental impacts of the Project comprising the annexation of the YLWD Territory,
IRWD Territory and the City Territory to OCWD in accordance with the YLWD Annexation
Request, IRWD Annexation Request and the City Annexation Request.
3.1.3 Technical Assistance. At no cost to City, IRWD and YLWD other than
as set forth in this MOU, OCWD will provide technical assistance requested by City, IRWD
and YLWD (including groundwater modeling) to support OCWD's processing of the CEQA
Documentation and the Project, and City, IRWD and YLWD's CEQAclearance on their own
future production facilities if any, to serve their respective territories covered by the Project.
Depending upon the environmental assessment of City, YLWD and IRWD's future
groundwater production facilities, City, YLWD and IRWD will determine their appropriate
CEQA documentation, which may employ tiering from OCWD's CEQA documentation for
the Project, and may rely upon OCWD's CEQA documentation for any of the analysis
therein.
3.2 City, IRWD and YLWD Responsibilities.
3.2.1. Within 30 days of the effective date of this MOU, the City, IRWD and
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YLWD will notify OCWD of the location, proposed depth(s) and capacity of future
groundwater production facilities (or, if no new groundwater production facilities are
planned, the identity and planned production level of any existing groundwater production
facilities) to support, respectively, the City Territory, the IRWD Territory and the YLWD
Territory.
3.2.2 . At no cost to OCWD other than as set forth in this MOU, City, IRWD
and YLWD will cooperate with OCWD in any data collection relating to City, IRWD and
YLWD's respective future groundwater production needs, that OCWD may reasonably
determine as necessary for the preparation and processing of the CEQA Documentation.
SECTION 4: Costs.
4.1 CEQA Documentation. The cost of preparing, processing and certifying or
adopting the CEQA Documentation, for purposes of this Section, shall be the direct cost
(fees and out of pocket expenses) incurred by OCWD in retaining consultants to prepare
the documents and supporting technical studies, responses to comments, attendance at
meetings, and related activities normally associated with the preparation, processing and
certification of CEQA documentation. (Collectively, "Consultant Costs"). City, IRWD and
YLWD agree that OCWD shall not be responsible for any of the Consultant Costs; and City,
IRWD and YLWD agree to pay their respective percentage of the Consultant Costs as
shown below which is based upon the estimated ultimate total water demands from the City
Territory, IRWD Territory and the YLWD territory (the "Allocation"):
Agency Ultimate Water Cost
Demands Share
City 2,470 afy 16%
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IRWD 6,130 afy 41%
YLWD 6,500 afy 43%
Totals 15,100 afy 100%
OCWD shall transmit Consultant Cost invoices to City, IRWD and YLWD on a quarterly
basis. City, IRWD and YLWD shall each pay its share of each such invoice to OCWD,
based upon the Allocation, within 30 days of the date of receipt of such invoice from
OCWD. OCWD, City, IRWD and YLWD shall each bear its own staff, administrative,
overhead, legal and other costs incurred in preparing or supporting the preparation,
processing and certification of the CEQA Documentation.
4.2 CEQA Mitigation Cost. City, IRWD and YLWD shall be solely responsible for
funding or implementing any and all mitigation measures identified by the CEQA
Documentation certified or adopted by OCWD, based upon the Allocation, (unless
mitigation measures can be individually identified and assigned by joint agreement of City,
IRWD and YLWD), or unless City, IRWD and/or YLWD decides to terminate this MOU in
accordance with Section 7.
SECTION 5: Indemnification.
5.1 Legal Challenge to CEQA Document Preparation. City, IRWD and YLWD
shall each defend (with counsel approved by OCWD), indemnify and hold OCWD harmless
from any costs or liabilities, including attorneys' and consultants' fees, incurred by OCWD in
connection with (i) any legal challenge to the adequacy or validity of the CEQA
Documentation, OCWD's certification or adoption of the CEQA Documentation and any
associated findings by OCWD, or OCWD's actions with respect to initiating annexation to
OCWD of the YLWD Territory, IRWD Territory and/or the City Territory, (ii) any appeals filed
7
against OCWD regarding the matters described in clause (i) above, and (iii) preparing,
processing and certifying any subsequent or supplemental CEQA Documentation in
response to orders or other judicial determinations issued in the matters described in
clause (i) above (collectively, "Challenges") based upon the Allocation set forth in Section
4.1. Notwithstanding the foregoing, if City, IRWD and YLWD jointly agree based upon the
allegations in the Challenge that any Challenge is specifically directed against any
individual party, but not all three of the City, IRWD or YLWD , then that party or those two
parties shall be solely responsible for all of the costs and liabilities relating to that
Challenge.
5.2 Assistance and Cooperation in Litigation. City, IRWD and YLWD shall
cooperate and provide any assistance reasonably requested by OCWD or another party in
defending against a Challenge. Nothing in this MOU precludes City, IRWD and/orYLWD,
at its own cost, either from defending its interests in any Challenge to which City, IRWD
and/orYLWD is/are joined, or from intervening in a Challenge to defend its interests. In the
event that City, IRWD and/orYLWD directly participate in a Challenge, OCWD, City, IRWD
and/or YLWD shall cooperate in good faith with each other in the defense of the Challenge.
5.3 Survival of Indemnity Obligations: The provisions of this Section 5 shall
survive the expiration or earlier termination of this MOU.
SECTION 6: Processing the Project
6.1 Annexation Agreement. Upon completion and certification or adoption of the
CEQA Documentation, OCWD, City, IRWD and YLWD shall prepare and consider
approving and executing an annexation agreement based upon the terms and conditions
8
listed in Exhibit E, "Annexation Agreement Terms". Exhibit E sets forth all--efthe
principalsr`" & proposed substantive terms and conditions and direct financial obligations
of the City, IRWD and YLWD to be imposed in connection with the City Annexation
Request, the IRWD Annexation Request and the YLWD Annexation Request, respectively.
The parties acknowledge OCWD's right to include additional terms and conditions in the
Annexation Agreement considered by the OCWD, the City, YLWD and IRWD as a result of
the process for reviewing annexation requests as set forth in this MOU. All parties res~e
the right to ad-d- ad- -litiep-al nrnrlitirnc anrJ terms try Ex-h-104-E-.
6.2 Annexation Terms. It is the intent of the parties to reach agreement as to the
Annexation Agreement Terms, to be set forth in a resolution of application to be considered
and adopted by OCWD and filed with LAFCO to initiate proceedings to annex the YLWD
Territory, IRWD Territory and the City Territory.
6.3 Parties' Discretion. Notwithstanding any other provision of this MOU, each
party retains the full right and discretion whether (a) to certify or adopt the CEQA
Documentation, (b) to approve the Annexation Agreement, (c) to agree to the Annexation
Agreement Terms, or (d) to initiate (or support the initiation of) the annexation of either the
YLWD Territory, IRWD Territory or the City Territory to OCWD.
SECTION 7: Term and Termination of MOU.
7.1 Term. This MOU shall continue and remain in effect until the earlier of (a) the
filing by OCWD of an application with LAFCO for the annexation of the YLWD Territory,
IRWD Territory and the City Territory to OCWD, or (b) December 31, 2015.
7.2 Termination. If any party desires to terminate the MOU, it may do so by giving
9
thirty (30) days written notice thereof to each of the other parties. Notice of termination will
be effective at the conclusion of such 30 days; provided, however, that City, IRWD and
YLWD shall remain responsible for their Challenges Costs (Per Section 5.1) incurred
through the effective date of termination or for which that party is responsible. Should City,
IRWD or YLWD decide to terminate the MOU, the remaining (non-terminating) party(ies)
and OCWD shall meet and confer and jointly determine if the Project contemplated with this
MOU should continue and, if so, process an amendment to this MOU or a new
memorandum of understanding. Upon termination by a party or parties, the Allocation of
Consultant Costs for the remaining party(ies) would proportionally increase based upon the
remaining parties (other than OCWD) under this scenario according to Section 4.1. If there
are CEQA mitigation measures to be funded or implemented by the terminating party
which, if not taken, will impact the CEQA certification, such terminating party shall jointly
meet with the non-terminating parties to reach an agreement about the costs to be borne by
the terminating party to prepare amended or modified CEQA documentation resulting from
such party's decision to terminate the MOU without adopting of funding the mitigation
measures.
SECTION 8: Notice.
Any notice or other written instrument required or permitted by this MOU to be given to
any party shall be deemed received when personally delivered or twenty-four (24) hours
after being deposited in the U.S. Mail, postage prepaid, registered or certified and
addressed as follows:
OCWD: Orange County Water District
18700 Ward Street
10
P.O. Box 8300
Fountain Valley, California 92728-8300
Attn: General Manager
YLWD: Yorba Linda Water District
General Manager
P.O. Box 309
Yorba Linda, California 92885-0309
CITY City of Anaheim Public Utilities General Manager
201 South Anaheim Blvd., Suite 1101
Anaheim CA 92805
IRWD Irvine Ranch Water District
General Manager
PO Box 57000
Irvine CA 92619-7000
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SECTION 9: MISCELLANEOUS
9.1 Construction and Interpretation. This MOU shall be governed by the laws
of the State of California, and construed as if drafted jointly by OCWD, City, IRWD and
YLWD.
9.2 Entire Agreement; Amendment. This MOU represents the entire
understanding of OCWD, City, IRWD and YLWD as to those matters
contained herein, and no prior oral or written understanding shall be of any
force or effect with respect to those matters covered by this MOU. This
MOU may not be modified, altered or amended except in writing signed by
OCWD, City, IRWD and YLWD.
9.3 If, after the signing of this MOU, OCWD enters into any MOU regarding
annexations that contains terms more favorable to another party than the
terms of this MOU, then the General Manager of OCWD and the City,
IRWD and YLWD, or their respective designees, shall execute a letter
amendment to this MOU documenting the incorporation or substitution
(as the case may be) into this MOU of the other MOU's more favorable
terms, including elimination of unfavorable terms that are absent from
other MOU, without the need for any further approval by the governing
bodies of OCWD and City, IRWD AND YLWD.
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IN WITNESS WHEREOF, the parties hereto have executed this MOU on the day and year
first hereinabove written.
ORANGE COUNTY WATER DISTRICT
By
Board President
By
General Manager
APPROVED AS TO FORM:
General Counsel - OCWD
YORBA LINDA WATER DISTRICT
By:
Board President
By:
General Manager
APPROVED AS TO FORM:
General Counsel - YLWD
CITY OF ANAHEIM
By:
Marcie L. Edwards Public Utilities GM
ATTEST: CITY CLERK
By:
Linda N. Andal, City Clerk
APPROVED AS TO FORM
CRISTINA L. TALLEY, CITY ATTORNEY
Alison M. Kott, Assistant City Attorney
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IRVINE RANCH WATER DISTRICT
By:
Board President
By:
General Manager
APPROVED AS TO FORM:
General Counsel - IRWD
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Exhibit A
RESOLUTION NO. 86-2-15
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE ORANGE COUNTY WATER DISTRICT
ADOPTING POLICY REGARDING ANNEXATIONS TO THE DISTRICT
WHEREAS, by Resolution No. 85-2-17, this Board adopted its policy regarding
annexations to the District; and
WHEREAS, the Board of Directors desires to amend its policy on such annexations;
NOW, THEREFORE, the Board of Directors of the Orange County Water District does
hereby resolve as follows:
Section 1: It shall be the policy of the Orange County Water District to accommodate
the long-term producers within the District's groundwater management programs and
provide uniformity of cost of and access to groundwater throughout the District by
consenting to requests for annexation of areas within the Orange County portion of the
Santa Ana River watershed, provided that the annexing territory is within the boundaries
of The Metropolitan Water District of Southern California.
Section 2: Prior to annexation, an agreement shall be entered into between the District
and the applicable water purveying agency providing for payment to the District of an
annual annexation charge calculated by the following formula:
X=AxBxCxE
D
Where X = Annexation Charge
A = Current year's Basin Production Percentage
B = Current year's total water demand within annexed territory or 10% of
ultimate annual total water demand within annexed territory,
whichever is greater
C = Current year's ad valorem income
D - Current year's total groundwater production
E - Applicable percentage (determined from following table):
15
% Groundwater Used
Within Service Area
of Annexing Purveyor Applicable
0.0 - 5.99 10%
6.0 - 9.99 16%
10.0 - 14.99 25%
15.0 - 19.99 30%
20.0 - 24.99 40%
25.0 - 29.99 48%
30.0 - 34.99 55%
35.0 - 39.99 64%
40.0 - 44.99 72%
45.0 - 49.00 80%
50.0 - 100.00 100%
Section 3: Said agreement shall provide for the payment of annexation processing
costs as follows: The water purveying agency shall be solely responsible for: a) all direct
costs and fees imposed or required by any governmental body or agency having
jurisdiction over the processing and completion of the annexation of the subject territory
to OCWD; and b) preparing any legal descriptions, boundary surveys or maps required
for the processing and completion of such annexation.
Section 4: The staff of the District is authorized and directed to draft pre-annexation
agreements with entities which have requested annexation to the District and which
meet the above-described criteria.
Section 5: Resolution No. 85-2-17 is rescinded.
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Exhibit B
YLWD Annexation Request
Exhibit C
City Annexation Request
Exhibit D
IRWD Annexation Request
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Exhibit E
Principal Annexation Agreement Terms
1. City, IRWD and YLWD agree to prepare legal descriptions of their respective annexation
areas.
2. City, IRWD and YLWD each agree to pay the annual OCWD annexation fee as calculated
in Exhibit A with respect to the City Territory, I RWD Territory and the YLWD Territory,
assuming LAFCO approves the annexation requests. Total water demands used in the
annexation fee formula are net of reclaimed water demands.
3. If the parties enter into the Annexation Agreement, OCWD shall submit an annexation
application to LAFCO. City, IRWD and YLWD shall jointly submit supporting resolutions
to LAFCO.
4. Because OCWD may lose all or a portion of its property tax revenue in the future, Item
"C" in the annexation formula in Exhibit A will be the higher of $19.0 million (The current
FY2008-09 property tax revenues) or the actual property tax revenues collected. This
provision of the agreement shall terminate 56 years after the date of the Annexation
Agreement.
5. City, IRWD and YLWD shall be responsible for all costs and fees based upon the
Allocation formula imposed by LAFCO to consider their annexations, and OCWD shall
have no responsibility for such costs.
6. City, IRWD and YLWD shall each be responsible for funding or implementing the
applicable mitigation measures adopted in connection with the certification or adoption of
the CEQA Documentation and the approval of the Project.
7. If City, IRWD and/or YLWD are unable to develop additional groundwater production
capacity to serve the annexation areas within five years from the date of the Annexation
Agreement, they can elect in their sole discretion to terminate the annual annexation
charge payment. The annexation area water demands would then be excluded from the
annual BPP/BEA calculation.
8. (For YLWD Annexation Agreement only.) In partial consideration of and if, and only if, the
proposed YLWD Annexation request is completed, YLWD, hereby both: (a) releases and
covenants not to sue OCWD from or for any claim, liability or obligation to YLWD (i) on its
own behalf, or (ii) under the authority of Water Code section 31081 or any other authority,
on behalf of any lands within its boundaries, which claim, liability or obligation is based
upon, arises from or is in any way related to the "Agreement" dated February 18, 1970,
between OCWD and Ernest A. Bryant Jr., and others relating to water and water rights
affecting certain lands now within the boundaries of YLWD and included in the YLWD
Annexation Request (the "Bryant Ranch Agreement"), and (b), waives and disclaims any
right, title and interest, including but not limited water rights or any right to water, that
YLWD (i) on its own behalf, or (ii) under authority of Water Code section 31081 or any
other authority, on behalf of any lands within its boundary, may have or claim based upon
or in any way relating to the Bryant Ranch Agreement.
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ITEM NO. 2.2
AGENDA REPORT
Meeting Date: July 20, 2010 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: MWDOC Client Agency Agreement
SUMMARY:
Attached is the final draft of the MWDOC agreement with its Client Agencies on budget, activities
and water rate charges. This agreement sets forth the principals and provisions that were discussed
between MWDOC and the Ad Hoc Committees from Irvine Ranch Water District, Santa Margarita
Water District and Trabuco Canyon Water District.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve the MWDOC Client Agency
Agreement.
DISCUSSION:
Key provisions of the agreement are: 1) the definition of "North" and "South" County agencies, 2)
the MWDOC budget, 3) MWDOC reserves, 4) a choice of MWDOC Services, 5) revenue collection
and rates, 6) interaction with elected officials, 7) selection of Metropolitan Directors, 8)
administration with code compliance, 9) compliance with the law, 10) specifics of the Orange
County MET Directors' Caucus, 11) remedies and enforcement, 12) terms, 13) obligations of the
client agencies, 14) obligations of MWDOC, 15) amendments, 16) no admission by any party, and
17) general provisions.
ATTACHMENTS:
Name: Description: I ype:
MWDOC Client Agency Agreement FINAL 6-24
MWDOC Client Agency Agreement Backup Material
10. pdf
Letter to MWDOC_07-16-10.pdf Correspondence to MWDOC Backup Material
DRAFT
AGREEMENT BETWEEN MWDOC AND ITS CLIENT AGENCIES ON
BUDGET, ACTIVITIES, CHARGES AND OTHER ISSUES
This Agreement is made by and between the Municipal Water District of
Orange County ("MWDOC") and those of its 28 Client Agencies ("Client
Agencies") that have signed below. Signatories to this Agreement are also
referred to herein collectively as "Parties" and individually as "Party." This
Agreement is effective as of the Effective Date established pursuant to Section
12.1 below.
RECITALS
WHEREAS, MWDOC is a wholesale water provider to 28 Client Agencies in
Orange County, California; and
WHEREAS, MWDOC is a member agency of the Metropolitan Water District of
Southern California ("MET") and appoints four (4) directors to MET's Board of
Directors, and
Whereas, MWDOC was formed in 1951 by Orange County voters to provide
imported water from MET into Orange County; and
Whereas, MWDOC has been performing this function and many other functions
since its formation in support of Client Agencies within its service area; and
Whereas, MWDOC was formed and operates pursuant to the Municipal Water
District Law of 1911 (Water Code Section 71000 et seq.) and is governed by a
seven-member publicly elected Board of Directors; and,
Whereas, an essential area of MWDOC's authority includes the setting of rates
for water commodities and services, and while rates may be different for different
classes or conditions of service, they shall be uniform for like classes and
conditions of service (Water Code § 71614); and,
Whereas, an essential area of MWDOC's authority includes representing the
Client Agencies at MET to ensure that the approximately $140 million paid to
MET each year by MWDOC is used effectively and efficiently; and,
Whereas, in addition to its role at MET, MWDOC's regional services to its Client
Agencies currently include water use efficiency programs, water supply planning
activities to improve reliability and emergency preparedness, the Water
Emergency Response Organization of Orange County ("WEROC"), the school
education program, and numerous other programs; and
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Whereas, in support of these services to its Client Agencies, MWDOC seeks
grant funding for its programs, engages lobbyists on the Federal, State and local
levels, and operates a public affairs department that serves its Client Agencies
and their customers; and
Whereas, MWDOC's budget and rates have been the subject of discussion
between MWDOC and some of its Client Agencies over the past several years,
and these Client Agencies have raised concerns over whether the rate structure
is equitable for larger agencies and whether a Client Agency should be able to
opt out of certain services if it already provides those services; and
Whereas, in conjunction with the preparation by the Orange County Local
Agency Formation Commission ("OCLAFCO") of its 2007 Municipal Services
Review and Sphere of Influence for MWDOC, MWDOC and several of its Client
Agencies from southern Orange County participated in a series of "stakeholder"
discussions facilitated by OCLAFCO in an attempt to resolve these and other
concerns; and
Whereas, following approval by Orange County LAFCO of the 2007 Municipal
Services Review and Sphere of Influence for MWDOC, OCLAFCO retained a
consultant to conduct a study of "governance options" for MWDOC ("Governance
Study"), which Study was funded 50% by MWDOC and 50% by six of its Client
Agencies from southern Orange County; and
Whereas, the same six Client Agencies, namely El Toro Water District, Trabuco
Canyon Water District, Santa Margarita Water District, Irvine Ranch Water
District, Moulton Niguel Water District and South Coast Water District, have
issued a "White Paper" regarding the formation of a "South Orange County Water
Authority" that discusses issues associated with formation of such an agency if
certain changes in MWDOC's operations are not made; and
Whereas, the Governance Study recommended the addition of three Client
Agencies into the Study effort the City of San Clemente, the City of San Juan
Capistrano and Laguna Beach County Water District, thereby bringing the total
number of "South County Agencies" to nine; and
Whereas, the Parties signing below have reached a comprehensive agreement,
memorialized herein ("Agreement"), that accommodates the interests of all
Parties, maintains MWDOC as the wholesale regional planning agency and
promotes a cooperative and collaborative partnership between MWDOC and its
Client Agencies;
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NOW, THEREFOR, THE PARTIES ACKNOWLEDGE AND AGREE AS
FOLLOWS:
1. DEFINITIONS
1.1 "South County Agencies," as referenced in the recitals above,
refers collectively to City of San Clemente, City of San Juan
Capistrano, El Toro Water District, Irvine Ranch Water District,
Laguna Beach County Water District, Moulton Niguel Water District,
Santa Margarita Water District, South Coast Water District, and
Trabuco Canyon Water District.
1.2 "Client Agencies" refers to any and all entities, public or private, that
purchase water from MWDOC.
1.3 "North County Agencies" is used for the convenience of the Parties
to refer collectively to Client Agencies other than the South County
Agencies, including the City of Brea, City of Buena Park, City of
Fountain Valley, City of Garden Grove, City of Huntington Beach,
City of La Habra, City of La Palma, City of Newport Beach, City of
Orange, City of Seal Beach, City of Tustin, City of Westminster,
East Orange County Water District, Emerald Bay Services District,
Golden State Water Company, Mesa Consolidated Water District,
Orange County Water District, Serrano Water District, and Yorba
Linda Water District.
2. MWDOC BUDGET
2.1 Core and Choice Services. Commencing in Fiscal Year 2011-
2012, MWDOC will organize its budget according to "Core" services
and "Choice" services. See Section 4 below regarding designation
of specific services as Core and Choice.
2.1.1 The Core services budget shall include services identified by
MWDOC as services that are both essential to its mission
and carried out on behalf of the entire MWDOC service area
for all 28 Client Agencies. The Core services also include
services that MWDOC determines cannot practicably or
efficiently be budgeted and charged to individual Client
Agencies on an agency-by-agency basis.
2.1.2 Choice services shall be budgeted, described and priced in a
manner that is intended to allow individual Client Agencies to
decide whether to receive such services from MWDOC.
MWDOC's costs for Choice services provided, including
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related Overhead costs, will be recovered only from the
MWDOC Client Agencies electing to receive the service.
2.1.3 Once Core and Choice services are established for the
purpose of the Fiscal Year 2011-2012 budget, those
designations and their associated cost allocations shall
thereinafter be presumed reasonable and appropriate; and
such designations and cost allocations will be used by
MWDOC in its budgeting in subsequent years, subject to
Paragraph 5.3 below. The designation of any new or
different services to be offered by MWDOC as Core or
Choice will be made at the time the services are considered
for approval by the MWDOC Board and will be subject to
input from the Client Agencies during the review process
described below.
2.2 Review of Budget. MWDOC will continue its practice of soliciting
and considering review and input on its budget from all MWDOC
Client Agencies commencing in December and developing a
conceptual draft budget for Client Agency review the following
January. Upon publication of the MWDOC Draft Budget in March,
MWDOC shall solicit comments from the Client Agencies. The
Client Agencies shall indicate to MWDOC by March 15th of each
year if any changes in the Choice Services they will be participating
in are being reconsidered (some services, such as the South
Orange Coastal Ocean Desalination Project, have existing
contractual commitments that differ from fiscal year commitments).
In the absence of such timely notification of changes by the Client
Agencies, the Client Agencies will be deemed to be participating
without change in those Choice services in the following budget
year to the same extent that the Client Agencies are participating in
such Choice Services as of March 15. Client Agencies desiring to
submit formal comments on the budget shall deliver such formal
comments to MWDOC before April 15th. (See Section 6.1 below,
"Elected Officials' Meeting.") These comments will be considered
in preparation of the final Budget and will be presented to the
MWDOC Board in May. The Parties acknowledge that the
MWDOC Board is solely responsible for final approval and
establishment of the MWDOC Budget and all rates and charges.
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3. MWDOC'S RESERVES
3.1 Purpose. MWDOC's Reserves allow it to meet operating and
emergency financial requirements for operation of the District,
including cash flow for managing grants and such expenses as
future building improvements, Other Post Employment Benefits
(OPEB), unforeseen emergencies, potential litigation, and MWDOC
elections.
3.2 Reserve Line Items. MWDOC adopted a Reserve Policy on June
16, 2010, as outlined in the chart below. MWDOC will segregate its
reserves into these categories and will report on the levels each
year during the budget preparation process:
MWDOC Proposed Reserves as of June 30, 2010
Reserve Category Proposed Amount
General Reserves $1,850,000
(Unrestricted Reserve)
Grant/WUE Cash flow $1,000,000
(Designated Reserve)
Election Expense $ 500,000
(Designated Reserve)
Building Repair/Replacement $350,000
(Designated Reserve)
Total Designated or $3,700,000
Unrestricted
OPEB Reserve $500,000
(Irrevocable Trust -
Restricted)
4. MWDOC CHOICE SERVICES
MWDOC shall institute a budgeting process in accordance with Section 2 above
based on a designation of certain MWDOC services as Core services and other
MWDOC services as Choice services. For the purposes of this Agreement and
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the MWDOC 2011-2012 Budget, the designation of Core and Choice services
and Overhead costs are identified in Table A, attached. (See 5.3 below) Input to
any proposed changes in the designations shall be solicited from the Client
Agencies in the annual budget preparation process in accordance with Section
2.2 above.
4.1 Designation of Choice Services.
The Choice categories identified at this time are described below. During
the first half of fiscal year 2010-11, MWDOC Staff and the Client Agencies will
work together to develop the concept, structure, budget and participation terms
for the following services and any others identified for implementation beginning
July 1, 2011. These will be developed in such a way to be offered to the Client
Agencies for participation and will be incorporated into the proposed budget for
2011-12.
4.1.1 Protect Participation Committees
4.1.1.1 South Orange Coastal Ocean Desalination Project
will continue to be organized in a Project
Participation format with five agencies participating
on an equal cost-sharing basis. The participating
agencies will ultimately determine all institutional,
financing and delivery issues for the project.
4.1.1.2 Poseidon Huntington Beach Ocean Desalination
Project is currently organized in a Project
Participation format with 23 agencies participating
on an equal cost-sharing basis. The costs to date
for outside consulting have been paid for by
Poseidon, so no local costs have been paid by the
agencies. MWDOC has not charged the Project
participants for the costs of various MWDOC staff
members and a part-time employee and the cost of
MWDOC's Legal Counsel for providing support to
the Project participants, but these costs will be
allocated to the Client Agencies participating in this
Project as a Choice Service.
4.1.2 MWDOC - Client Agency Agreements
4.1.2.1 School Program will be organized with each Client
Agency participating and paying its share of costs
on a per student basis, and this Program also
includes as participants the non-Client Agency
cities of Anaheim, Fullerton and Santa Ana.
4.1.2.2 Water Use Efficiency Program will be developed as
a pay-as-you-go or a pay-for-participation basis
instead of a "choice" basis. Functionally, however,
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they will be "choice" programs offered to all Client
Agencies by agreement or through direct
participation by retail consumers or others in the
water service area. The Parties anticipate that the
terms for the agreements between MWDOC and
the Client Agencies will range between 3 and 5
years. The eight programs currently in operation
include:
• Residential clothes washers
• Sprinkler nozzles
• SmarTimers
• CII Plumbing Fixtures
• Synthetic Turf
• Hotel Program
• Industrial Program
• Landscape Certification Program
4.2 No Provision of similar services by others. Client Agencies that
do not participate in a MWDOC Choice service shall not provide
similar service outside of its service area to any other Client
Agency.
4.3 Core Programs shall be those listed in Table A. Any funding
brought in via MWDOC efforts from its State or Federal advocacy
efforts, except for those specifically being funded through a Project
Participation Agreement, shall be available to all MWDOC Client
Agencies via Core or Choice Programs, e.g., such as the Water
Use Efficiency Program.
4.4 Overhead Costs shall be those listed in Table A. The Overhead
costs are allocated over all Core and Choice services. Subject to
Paragraph 5.3, if activities are ever added to or removed from the
list of Core or Choice services, the commensurate proportion of
Overhead costs will also be allocated accordingly. The
determination of the Overhead cost percentage applicable to each
Core and Choice service for any particular year shall be made
during the budget preparation process and fixed for the entire
budget year.
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5. REVENUE COLLECTION
The Parties agree that MWDOC should transition its current rate structure, which
includes both a per retail connection charge and a per acre-foot charge, to a
structure that includes only a per retail connection charge. Currently, MWDOC's
revenue from water rate charges is approximately 65% on the per retail
connection charge and 35% on the per acre-foot charge. As described below,
MWDOC shall increase the percentage on the per retail connection charge
gradually, reaching 100% in fiscal year 2015-16.
5.1 Fixed Charges. Commencing in fiscal year 2011-2012,
MWDOC will begin transitioning to a 100% fixed charge. In the first
year of this process, 80% of MWDOC's water rate charges for its
operating budget will be fixed, and 20% will be water charges.
Each year for the next four years, MWDOC will increase the
amount on fixed charges by 5%.
5.2 Method of Fixed Charges. MWDOC will continue to use our
methodology in effect as of the Effective Date to define retail
service connections independent of size as the method of passing
charges to the Client Agencies on a fixed charge basis. The
MWDOC Board reserves the right to review and determine any
changes in how the fixed costs are charged. Any changes in the
current method will be reviewed with the Client Agencies prior to
any changes being made.
5.3 Designation of Core, Choice and Overhead Services. The
designations of services and activities set forth in (i) Section 2.1
and Table A for Core and Choice Service, in (ii) Paragraph 4.4 and
Table A for Overhead Costs, and in (iii) Paragraph 5.2 for Method
of Fixed Charges, shall carry a presumption of reasonableness
and, therefore, shall remain unchanged for the term of this
Agreement unless the MWDOC Board determines, in its discretion
and at a noticed and public meeting, that a change in
circumstances has occurred since the Effective Date that requires a
change in the designations. A change in circumstance may be
created by, but is not limited to, one or more changes in laws,
regulations, permits and/or requirements of a State or Federal
entity.
5.4 It is not the intent of this Agreement that MWDOC's ability to raise
revenue by a volumetric charge on the amount of MWDOC water
use be impaired should it be considered a reasonable solution to
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address the circumstances at some future date. Such proposal will
be considered as part of the budget process set forth above.
6. INTERACTION OF ELECTED OFFICIALS
6.1 Elected Officials' Meeting. MWDOC will hold a semi-annual
meeting for elected representatives from the Client Agencies in
October and April ("Elected Officials' Meeting") in addition to any
other meetings, workshops or assemblies open to those officials.
The meetings shall be chaired by the President of the MWDOC
Board and it is the intent of the Parties that the primary attendees
shall be members of their respective governing bodies. The forum
will be used to discuss:
• MWDOC activities, policies and budget (including reserves)
• MET activities and policies
• Statewide water resource issues
• Strategies to increase Orange County's water supply
reliability and to minimize Orange County water costs
• Other topics of significant interest to the Orange County
water community
Beginning in March 2011 and each year thereafter, upon
completion of the first DRAFT of the MWDOC Budget for the
upcoming year, MWDOC will formally request comments on the
budget from all 28 Client Agencies, as described in Section 2.2
above. MWDOC will report on the budget comments received from
the Client Agencies at the Elected Officials' Meeting described
herein.
6.2 Public Meetings. The Elected Officials' Meetings shall be noticed
public meetings of MWDOC's Board. Each Client Agency
participating in these meetings shall be responsible for compliance
with the Brown Act by its own legislative body. (Government Code
§ 54950 et seq.)
7. SELECTION OF MET DIRECTORS
7.1 Recommended Appointments by MWDOC Client Agencies.
Commencing with the first vacant MWDOC MET Director position
following the Effective Date, the MWDOC Board will institute and
follow the procedure set forth in this Section 7 for appointing MET
Directors.
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7.1.1 The MWDOC Administrative Code provides that the Board
President shall nominate and the Board shall approve MET
Directors.
7.1.2 Under the conditions and procedures established in this
Agreement, the MWDOC Board will delegate limited
nominating power to the MWDOC Client Agencies for two of
MWDOC's MET Director positions.
7.1.3 When the first MET Director vacancy occurs following the
Effective Date, the South County Agencies that are signatory
to this Agreement may nominate a candidate of their
choosing ("MET Candidate") through a process to which they
all agree, directly to the MWDOC President and Board. In
the absence of agreement among the South County
signatory agencies, the nomination(s) shall be determined by
a "one agency, one vote" process among the signatory
agencies. Nominations shall be stated in a letter to the
MWDOC Board President signed by authorized elected
representatives of the South County Agencies signing this
Agreement. Once filled, that seat will be designated,
pursuant to this Agreement, as the South County seat.
7.1.4 When the second MET Director vacancy occurs following the
Effective Date, the North County Agencies that are signatory
to this Agreement may nominate a MET Candidate of their
choosing, through a process to which they all agree, directly
to the MWDOC President and Board. In the absence of
agreement among the North County signatory agencies, the
nomination(s) shall be determined by a "one agency, one
vote" process among the signatory agencies. Nominations
shall be stated in a letter to the MWDOC Board President
signed by authorized elected representatives of the North
County Agencies signing this Agreement. Once filled, that
seat will be designated, pursuant to this Agreement, as the
North County seat.
7.2 The MWDOC Board shall consider each nominated MET Candidate
seriously, in good faith and in the spirit of this Agreement, but
ultimately the Board reserves the right to reject any MET Candidate
without cause. The remaining MET Director seats shall continue to
be filled pursuant to MWDOC's Administrative Code. MWDOC shall
continue its practice of advising the Client Agencies when a
vacancy occurs and soliciting potential candidates and input from
all Client Agencies for filling these seats.
7.3 All MWDOC MET Directors shall serve at the pleasure of the
MWDOC Board for an indefinite term pursuant to the MWDOC
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Administrative Code. If a vacancy occurs in the North County seat
or the South County seat, the appropriate Client Agencies, as
established herein, may make subsequent nominations to fill the
vacancy in accordance with Sections 7.1.3 and 7.1.4, as applicable.
The MWDOC Board President shall consider appointment of an ad
hoc committee to review the performance of MWDOC's MET
Directors upon request of any MWDOC Board Member or Client
Agency, or upon the MWDOC President's own determination.
Such review, if any, may be conducted no more than once
annually. If appointed, the ad hoc committee shall solicit input from
the respective nominating areas on the performance of the North
County and South County nominated MET Directors.
8. COMPLIANCE WITH MWDOC ADMINISTRATIVE CODE
Any MET Candidate nominated and appointed as provided herein must be
familiar with MWDOC's Administrative Code and express a willingness to
comply with it. This includes, without limitation, meeting the criteria for a
MWDOC MET Director established in Section 1500 of the MWDOC
Administrative Code.
9. COMPLIANCE WITH LAW
Any MET Candidate nominated and appointed as provided herein must
comply with applicable laws, including the prohibition against holding
incompatible offices.
10. MET DIRECTOR ORANGE COUNTY CAUCUS
MWDOC will schedule and conduct at its offices regular meetings of the MET
Directors representing MET Member Agencies in Orange County. Meetings will
be scheduled at least three (3) times per year to be determined by the Orange
County MET Directors at the first meeting each year. The purpose of the
meetings is to provide special access by all Client Agencies to the MET directors
representing Orange County.
11. REMEDIES AND ENFORCEMENT
11.1 Remedies in General. Except as set forth below, each Party shall
have all remedies otherwise available to enforce the terms of the
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Agreement and to seek remedies for any breach hereof, including
but not limited to the remedies set forth in Sections 11.2.3, 11.5 and
11.6 of this Agreement.
11.2 Breach of the Agreement.
11.2.1 Any material breach or material violation of the Agreement
shall be deemed a default under this Agreement.
11.2.2 In the event of a perceived or alleged material breach or
material violation of the Agreement, the Parties agree to
work together in good faith to resolve any disagreement
using the following dispute resolution process:
11.2.2.1 The Party alleging a breach shall notify the
other Parties of the basis for the allegation and
the requested cure for the breach.
11.2.2.2 The alleged breaching Party receiving notice of
breach shall have 15 calendar days to
respond. If the response acknowledges that a
breach has occurred, the breaching Party shall
have 30 days to cure such breach, provided
that if such breach cannot be reasonably
capable of being cured within said 30-day
period, then the breaching Party shall not be in
default of this Agreement provided that the
breaching Party is diligently continuing to cure
such default.
11.2.2.3 If the Party alleging a breach and the alleged
breaching Party disagree with respect to
whether a breach has occurred, they shall
meet and confer in good faith toward a
mutually satisfactory solution. The meet and
confer shall be open to all Parties.
11.2.2.4 If the dispute cannot be resolved through the
meet and confer process within 60 calendar
days after the first meeting, the Party alleging a
breach and the alleged breaching Party, along
with any other Party that wishes to participate,
shall engage in third party mediation, with the
participating Parties to equally share mediation
costs. Said mediation shall end no later than
90 calendar days after the completion of the
original meet and confer process. No Party
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may file a lawsuit concerning the alleged
breach until the mediation has ended.
11.2.2.5 In the event a lawsuit is filed after completion
of the mediation concerning the alleged
breach, the Parties' rights and obligations
under this Agreement shall continue until one
of three actions occurs: (1) the agreement
continues as drafted; (2) the agreement is
terminated; or (3) an amendment to the
agreement is entered into pursuant to Section
15.
11.2.3 Any Party to this Agreement may, in addition to any other
remedy, seek an order from a court specifically enforcing the
obligations of the Parties to the Agreement to comply with
this Section 11.2.
11.3 Termination of the Agreement in the Event of Certain
Activities. The Parties to this Agreement have mutual interests in
avoiding the time, expense, and uncertainty of either (a) legislative
measures that would affect MWDOC's organizational form or (b)
filing an application with the OCLAFCO for secession of a Party or
detachment of a Party's territory from MWDOC. Consequently, the
Parties to this Agreement agree that "material breach," within the
meaning of Section II.(a) shall include (but not be limited to) the
following activities that any Party hereto may undertake during the
term of this Agreement:
11.3.1 The submission of an application with OCLAFCO to
reorganize or undertake an action that would result in a
Party's secession or the detachment of all or a portion of a
Party's territory, from MWDOC, or would result in any other
material change in governance or structure affecting
MWDOC.
11.3.2 The filing of any written letters or testimony with, or providing
verbal testimony to, any committee or other body of the
State Legislature in support of legislative measures that
would (A) materially affect MWDOC's organizational form or
change the governance of MWDOC, and (B) would result in
secession or detachment of territory from MWDOC by any
Client Agency.
11.4 An action constituting a material breach under Section 11.3 shall be
subject to the dispute resolution provisions of Section 11.2.2.
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11.5 Enforcement. Any Party may enforce compliance by a defaulting
Party with the terms of this Agreement by, among other available
remedies:
11.5.1 Filing a complaint for specific performance;
11.5.2 Filing an action to recover actual damages to which the
notifying Party may be entitled for violation by the defaulting
Party of the terms of this Agreement;
11.5.3 Filing an action to enjoin the violation, on an ex parte basis if
necessary, by temporary or permanent injunction, without
the necessity of proving either actual damages or the
inadequacy of otherwise available legal remedies, or for
other equitable relief;
11.5.4 Petitioning for a writ of ordinary or administrative mandate
ordering the defaulting Party to cure; and/or
11.5.5 Petitioning for a writ of ordinary or administrative mandate
ordering OCLAFCO not to process an application filed in
contravention of this Agreement.
11.6 Injunctive and Temporary Relief Appropriate. The Parties
acknowledge that breach of this Agreement may not be adequately
remedied by monetary damages and could result in irreparable
harm to the aggrieved Parties. Therefore injunctive and temporary
relief may be appropriate to ensure compliance with the terms of
this Agreement.
12. TERM OF AGREEMENT
12.1 Effective Date. This Agreement shall be effective upon the date of
execution by MWDOC, which shall execute the Agreement upon
express approval of its Board ("Effective Date"). MWDOC shall
inform all Parties by e-mail when that event occurs.
12.2 Subsequent Execution. Any Client Agency that executes this
Agreement after the Effective Date shall, upon execution, become a
full Party to the Agreement, with all the rights and obligations set
forth herein.
12.3 Termination Date. This Agreement shall run for a term of twenty
(20) years from the Effective Date, unless terminated as provided
herein or extended by agreement of all of the Parties hereto.
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13. OBLIGATIONS OF CLIENT AGENCIES
13.1 No OCLAFCO Activities. During the term of this Agreement,
none of the Client Agencies shall prepare, hire a consultant to
prepare, or submit an application to OCLAFCO requesting
reorganization or any action that would result in detachment of any
territory from MWDOC or any other change affecting the
governance, structure or finances of MWDOC. In the event that the
OCLAFCO undertakes proceedings, whether in response to an
application or pursuant to its own discretionary powers, that
reduces the territory within the boundaries or affects or changes the
governance, structure or finances of MWDOC, these proceedings
shall be considered a material breach of this Agreement by the
Party or Parties filing, supporting or in any way furthering the
application.
13.2 No Legislative Activities. During the term of this Agreement,
none of the Client Agencies shall pursue, support or further any
legislative measures that would affect MWDOC's organizational
form, finances, exercise of powers, or governance or result in
detachment of any territory from MWDOC. .
13.3 Participation in Agreement. During the term of this Agreement,
the Client Agencies, and each of them, shall contribute staff time
and resources as required to participate and contribute in good faith
to the activities and changes discussed in this Agreement.
14. OBLIGATIONS OF MWDOC
14.1 No Legislative Activities. During the term of this Agreement,
MWDOC shall not pursue or support legislative measures against
any of the Client Agencies with respect to the organizational form or
governance of MWDOC.
14.2 Participation in Agreement. During the term of this Agreement,
MWDOC shall contribute staff time and resources as required to
participate and contribute in good faith to the activities and changes
discussed in this Agreement.
15. AMENDMENT OF AGREEMENT
15.1 Any amendment, alteration or variation of any provision of this
Agreement ("Amendment") will not be valid unless made in writing.
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15.2 The Parties acknowledge that the process of obtaining initial
approvals and execution of this Agreement has required a
substantial investment of public resources and time and that the
same process should not be required for subsequent Amendments
to the Agreement that are proposed without objection. For this
reason, Amendments to the Agreement may be made as provided
in this section.
15.2.1 An Amendment to the Agreement proposed by MWDOC
shall be distributed by MWDOC to all Parties signing this
Agreement for a 30-day review period.
15.2.2 Any and all comments and objections to the Amendment
shall be provided by the Parties to MWDOC before the
conclusion of this 30-day review period.
15.2.3 MWDOC shall consider all comments and objections and
may modify the proposed Amendment accordingly. A
modified Amendment shall be distributed to all Parties
signing this Agreement for an additional 30-day review
period.
15.2.4 If no objections are received by the conclusion of the 30-day
review period, or any subsequent 30-day review period, the
Amendment shall be valid and binding on the Parties. Upon
this occurrence, MWDOC will provide a copy of the
Amendment to all Parties.
15.3 An Amendment to the Agreement proposed by a Party other than
MWDOC shall be submitted in writing to MWDOC. If the
Amendment is acceptable to MWDOC, MWDOC shall then follow
the procedures set forth in section 15.2 above.
16. NO ADMISSION BY ANY PARTY
The Parties acknowledge that statements made by the Parties during negotiation
of this Agreement, statements made in this Agreement, and all rights and
obligations that arise from this Agreement were and are in furtherance of the goal
of resolving issues between the Parties without the need for administrative or
judicial proceedings, including possible OCLAFCO proceedings and litigation.
Neither any statement made during negotiation of this Agreement nor any
provision of the Agreement itself shall constitute an admission by a Party or be
offered as evidence or included in any record of proceedings in any future
administrative or judicial proceeding.
16
DRAFT
17. GENERAL PROVISIONS
17.1 All Parties are deemed to have participated in the drafting of this
Agreement, and any rule of law (including by not limited to Civil
Code Section 1654) or legal principle that would require
interpretation of this Agreement against the drafter hereto shall not
apply and is waived by the Parties. This Agreement may be signed
in multiple counterparts for convenience of the Parties.
17.2 This Agreement will inure to the benefit of and be binding upon all
Parties and their respective successors and assigns.
17.3 This Agreement will be deemed a contract made under the laws of
the State of California and for all purposes will be interpreted in
accordance with such laws. The Parties hereby agree and consent
to the exclusive jurisdiction of the courts of the State of California.
17.4 This Agreement constitutes the entire agreement among the
Parties. This Agreement supersedes any and all other
understandings or agreements, either oral or in writing, among the
Parties with respect to the subject matter hereof and contains all of
the covenants and agreements among them with respect to said
matters; and each Party acknowledges that no representation,
inducement, promise of agreement, oral or otherwise, has been
made by any other Party or anyone acting on behalf of any other
Party that is not embodied herein.
17.5 If any action at law or equity, including any action for writ of
mandate or injunctive relief, is brought to enforce or interpret the
provisions of this Agreement, the prevailing Party(ies) shall be
entitled to its or their reasonable attorney's fees and costs as
against the Party(ies) that did not prevail in that action or
proceeding.
17.6 All activities undertaken pursuant to this Agreement must be in
compliance with all applicable state and federal laws and
regulations.
17.7 In the event one or more of the provisions contained in this
Agreement is held invalid, illegal or unenforceable by any court of
competent jurisdiction, such portion shall be deemed severed from
this Agreement and the remaining parts of this Agreement shall
17
DRAFT
remain in full force and effect as though such invalid, illegal, or
unenforceable portion had never been a part of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on
the respective dates shown below.
Mayor, City of San Clemente Date
Mayor, City of San Juan Capistrano Date
President, El Toro Water District Date
President, Irvine Ranch Water District Date
President, Laguna Beach County Water District Date
18
DRAFT
President, Municipal Water District of Date
Orange County
President, Moulton Niguel Water District Date
President, Santa Margarita Water District Date
President, South Coast Water District Date
President, Trabuco Canyon Water District Date
Mayor, City of Brea Date
19
DRAFT
Mayor, City of Buena Park Date
Mayor, City of Fountain Valley Date
Mayor, City of Garden Grove Date
Mayor, City of Huntington Beach Date
Mayor, City of La Habra Date
Mayor, City of La Palma Date
20
DRAFT
Mayor, City of Newport Beach Date
Mayor, City of Orange Date
Mayor, City of Seal Beach Date
Mayor, City of Tustin Date
Mayor, City of Westminster Date
President, East Orange County Water District Date
21
DRAFT
President, Emerald Bay Services District Date
President, Golden State Water Company Date
President, Mesa Consolidated Water District Date
President, Orange County Water District Date
President, Serrano Water District Date
President, Yorba Linda Water District Date
22
DRAFT
Table A - MWDOC Breakdown of Services/Activities/Costs
Core Services Choice Services Overhead Costs
Board Compensation & Benefit Water Use Efficiency Salary charged to overhead
Retiree Costs • Residential clothes washers function (vacation, sick leave
Legal Costs • Sprinkler nozzles and holidays)
Board Elections Personnel development
SmarTimeis Legal costs charged to overhead
Accounting and General Admin • C11 Plumbing FixtUres function
MET Representation • Synthetic Turf Employee benefits
• MET Director Support • Hotel Program Personnel/staff development
• MET policy analysis, programs and • Industrial Program Information technology
special projects • Landscape Certification Program Conference employee
• MET operations, water rates and
accounting Includes marketing materials for WUE Travel & Accommodations
activities, staff time, overhead and grant employee
Staff time for MWDOC's Water Use funds (MET and other) Automotive/Mileage/Toll
Efficiency Programs Manager
Govermnental Relations Office maintenance
Governmental Affairs
• Any project or program legislative or Rents & Leases
• In-house staff for legislative info grant support on choice activities
Office supplies
• WACO, ISDOC and other support Townsend Public Affairs
Insurance expenses
• Federal lobbyist for countywide funding Specific Programs
Utilities telephone
• State lobbyist for countywide legislative, • School program
Miscellaneous expenses
grant funding and policy access • South Orange Coastal Ocean Desal
itis fees for overhead
Professional ivvities
• Local lobbyist for Board of Supervisors Project activities
Public Affairs o Federal lobbying for SOCODP
Barker Software support
• Coordination with MET, other regional Computers/software
and local retailers o Federal lobbying for SOCODP
Townsend
• Basic communications functions-media
outreach and inquiries, water • Support for Poseidon Desal Project
information and messaging, MWDOC • Other Project specific studies
website • Non-countywide issue studies
• MWDOC newsletter (e-currents)
• Countywide surveys as appropriate
• Countywide water awareness in
coordination with retail agencies
Research support for Center for
Demographic Research
Water Su12ply Planning
• Coordination among agencies
• Water use tracking and projections
• Water supply analysis
• Regulatory compliance issues
• Water trends analysis
• Countywide studies
WEROC MWDOC contribution
23
~o fypTe,y,0
s
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Ul
w
July 16, 2010
---~q Mr. Kevin Hunt, P.E.
General Manager
139REP rca Municipal Water District of Orange County
Wer¢en~a¢r 18700 Ward Street
Fountain Valley, CA 92708
Dear Kevin,
or =M
Subject: Proposed Municipal Water District of Orange County (MWDOC)
"Client Agency" Agreement
The nine undersigned south Orange County water agencies and citiest were pleased to
receive the draft agreement entitled: "Agreement Between MWDOC and its Client
Agencies on Budget, Activities, Charges and Other Issues" that was transmitted by
MWDOC via cover letter dated June 28, 2010. The managers of these agencies have had a
chance to conduct a preliminary review of the draft agreement and have met to discuss our
comments. In summary, we are concerned that while the draft agreement includes the
basic principles and provisions previously negotiated and agreed to by MWDOC and the
south Orange County agencies' elected official representatives, the agreement as drafted
incorporates other provisions that are inconsistent with or erode the intent of the conceptual
j R~BUCOCUYYON terms set forth in the April 7, 2010 memorandum prepared by MWDOC and the April 28,
2010 letter from the undersigned agencies concurring with the terms and providing
clarifications. This lack of consistency is somewhat disconcerting and raises a fundamental
LdGUN9 BEBCN question regarding MWDOC's commitment to implementing the agreed-to conceptual
COUNTY WATER DISTRICT terms as addressed below.
While as previously noted the draft agreement nominally includes all the conceptual
principles and provisions agreed to by MWDOC and the south Orange County agencies,
our foremost concern is that the draft agreement maintains MWDOC's full discretion
regarding the way in which the substantive provisions are implemented and in some cases
n
permits MWDOC to deviate from or even disregard the agreed-to terms. In addition, the
draft agreement introduces entirely new terms that were neither proposed nor discussed
during the negotiation process, and incorporates an overly complicated and legalistic
breach, enforcement and remedy procedure that is contrary to a simple dispute resolution
El Toro Water District (ETWD), Moulton Niguel Water District (MNWD), Irvine Ranch Water District
(IRWD), South Coast Water District (SCWD), Santa Margarita Water District (SMWD), Trabuco Canyon
Water District (TCWD), Laguna Beach County Water District (City of Laguna Beach), and the cities of
San Juan Capistrano and San Clemente.
Proposed Municipal Water District of Orange County (MWDOC) "Client Agency"
Agreement
July 16, 2010
Page 2
and, if unsuccessful, termination for non-performance that was agreed to by the south
County agencies. Taken in total, the draft agreement requires substantial consideration over
the proposed 20-year term from the MWDOC member agencies that sign the agreement,
while only committing MWDOC to various service provision processes that still allow
discretion in implementing the substantive terms.
To illustrate this point we would like to offer three examples. First, Section 5 of the draft
agreement describes the process whereby MWDOC will transition to collecting revenue
from its member agencies on the meter charge within five years. This is consistent with the
agreed-to conceptual terms. However, at the end of this section MWDOC reserves the
right to add a volumetric charge to the water it sells at its sole discretion, thereby nullifying
MWDOC's commitment to collect revenue on the meter charge.
A second example concerns MWDOC's appointment of MWD Directors designated by the
south County and north County agency groups, respectively. In the draft agreement,
MWDOC reserves the right to reject a nominee from the agency groups "without cause."
This is not only contrary to the negotiated terms but fundamentally maintains MWDOC's
ability to arbitrarily decide who it appoints to the MWD Board to represent the agency
groups regardless of the groups' recommendations.
Our final example pertains to an entirely new term added by MWDOC in the draft
agreement. Specifically, Section 4.2 disallows a signatory agency from providing services
"similar" to MWDOC's Choice services outside its service area. This provision would
essentially prevent two or more MWDOC member agencies from collaborating on items
such as school education programs, conservation efforts, desalination or other such projects
or programs. This is not only objectionable because it is a newly-introduced term, but it is
an ill-conceived idea that is contrary to cooperation and partnerships among member
agencies.
The aforementioned items have raised a fundamental question that we believe needs to be
answered before the undersigned agencies continue their efforts to negotiate an acceptable
agreement with MWDOC that reflects the agreed-to conceptual terms. The fundamental
question is whether or not MWDOC's management and Board believe the agency can enter
into an agreement which fully and unequivocally implements the agreed-to terms (thereby
limiting MWDOC's discretion in the principal areas negotiated) in exchange for the
signatory agencies' significant curtailment of their discretion in the form of an agreement
not to proceed with LAFCO or legislative actions regarding MWDOC's governance.
We request a Board-authorized response to this question so we can inform our elected
representatives of MWDOC's intentions prior to proceeding on a schedule to finalize
comments and engage in further negotiations regarding the draft agreement.
Proposed Municipal Water District of Orange County (MWDOC) "Client Agency"
Agreement
July 16, 2010
Page 3
In closing, last April when MWDOC and the south County agencies came to an accord on
conceptual terms our agencies were all very optimistic and pleased to bring this matter to
resolution. Although we remain committed to a solution, the draft agreement has triggered
renewed concerns regarding MWDOC's dedication to moving forward on a balanced and
mutually beneficial basis.
Thank you for your consideration and we look forward to your response.
Sincerely,
G~
Bob Hill Paul D. Jones Il
El Toro Water District Irvine Ranch Water District
Renae Hinchey John Schatz
Laguna Beach County Water District Santa Margarita Water District
6 &-dl.
Don Chadd Mike Dunbar
Trraabbuuco Canyon Water District South Coast Water District
Bob Gumerman e Tait
Moulton Niguel Water District City of San Juan Capistrano
eCity of San Clemente
cc: MWDOC north Orange County agencies' water service managers
ITEM NO. 2.3
AGENDA REPORT
Meeting Date: July 20, 2010 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Orange County Council of Governments (OCCOG) Joint Powers Agreement
SUMMARY:
The OCCOG is a joint powers authority within the Independent Special Districts of Orange County
(ISDOC) that represents its members by monitoring, analyzing and providing Orange County
technical and policy recommendations on plans and programs under consideration by the Southern
California Association of Governments (SCAG).
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors adopt Resolution No. 10-19 and execute the
amended and restated OCCOG Joint Powers Agreement.
DISCUSSION:
In 2009 the OCCOG Board of Directors determined the need to amend and restate the original joint
powers agreement to: 1) update references to OCCOG's administration and establish an OCCOG
Executive Director; 2) streamline and make consistent provisions relating to the joint powers
agreement and OCCOG bylaws; and 3) update references to the member agencies and their voting
on the OCCOG board. The attached resolution executes the District's involvement as a continued
Member Agency in OCCOG.
ATTACHMENTS:
Name: Description: Type:
Resolution No. 10-19.doc Resolution No. 10-19 Resolution
OCCOG_JPA(Exhibit_A).doc Exhibit A Exhibit
RESOLUTION NO. 10-19
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
EXECUTING AN AMENDED AND RESTATED ORANGE COUNTY COUNCIL
OF GOVERNMENTS JOINT POWERS AGREEMENT
WHEREAS, the Orange County Council of Governments (OCCOG) serves as a
Southern California Association of Governments (SCAG) sub-regional
organization that represents the interests of Orange County in the
consideration of SCAG plans, programs, policies and legislative platforms;
and,
WHEREAS, the OCCOG was duly established by a joint powers agreement as a
separate legal entity by and between thirty (30) founding member
agencies between April 1996 and January 1998, with said member
agency representation currently comprised of forty (40) public agencies;
and with each member, by and through its legislative body, independently
determining that the public interest, convenience and necessity required
creation of a joint powers authority known as the OCCOG; and,
WHEREAS, the OCCOG Board of Directors recognized the need to amend and restate
the original OCCOG joint powers agreement to: streamline and make
consistent certain provisions relating to OCCOG between the provisions in
the joint powers agreement and the provisions of the OCCOG bylaws;
address updated references to member agencies and their voting on the
OCCOG Board of Directors; add a provision to establish membership
dues for member agencies; clarify the powers and limitations of OCCOG;
and broaden the ability of OCCOG to retain staff and consultants; and,
WHEREAS, the OCCOG Board of Directors duly conducted a public meeting on the
amended and restated OCCOG joint powers agreement on June 25, 2009
and unanimously adopted the amended and restated OCCOG joint
powers agreement and authorized the transmittal of said amended and
restated joint powers agreement to the OCCOG Member Agencies for
execution by the legislative body of each Member Agency; and,
WHEREAS, in the conduct of its business, the OCCOG has further established bylaws
which govern the effective and efficient conduct of the OCCOG, with the
founding OCCOG bylaws adopted on May 17, 1997; and,
WHEREAS, the OCCOG has concurrently undertaken a comprehensive assessment
and revision to its adopted bylaws, in consultation with the OCCOG Board
Ad Hoc Bylaws Subcommittee and the Orange County City Managers
Association OCCOG Oversight Committee; and,
Resolution No. 10-19 Executing an Amended and Restated OCCOG JPA Agreement 1
WHEREAS, the OCCOG Board of Directors, at its meeting of June 25, 2009, reviewed,
considered and adopted a comprehensive technical and policy revision to
the OCCOG bylaws to further define the operation of the OCCOG; and,
WHEREAS, the revised OCCOG bylaws effect such changes as refining OCCOG
board membership and voting provisions, authorizing membership dues;
requiring that OCCOG board members be from dues-paying member
agencies in good standing; and achieving a consistency between the
provisions of the OCCOG joint powers agreement and the OCCOG
bylaws; and,
WHEREAS, the 2009 amendment to the OCCOG bylaws provides a comprehensive
technical and policy revision to the OCCOG bylaws, which are consistent
with a 2009 amended and restated OCCOG joint powers agreement; now
therefore be it,
RESOLVED, that the Board of Directors of the Yorba Linda Water District hereby
approves the amended and restated OCCOG joint powers agreement as
adopted by the Orange County Council of Governments on June 25, 2009,
attached hereto as Exhibit A and incorporated herein by this reference.;
and be it further
RESOLVED, that the Board of Directors of the Yorba Linda Water District executes the
amended and restated OCCOG joint powers agreement, and transmits the
signed OCCOG joint powers agreement to the OCCOG Interim Executive
Director.
PASSED AND ADOPTED this 22nd day of July, 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. 10-19 Executing an Amended and Restated OCCOG JPA Agreement 2
AMENDED AND RESTATED
JOINT POWERS AGREEMENT
ESTABLISHING THE
ORANGE COUNTY COUNCIL OF GOVERNMENTS
This presentation reflects the Amended and Restated Agreement made
between the Member Agencies (listed in Exhibit 1) hereinafter collectively or
individually referred to as "Member Agencies."
RECITALS
A. Chapter 5 of Division 7 of Title 1 (commencing with Section 6500)
of the California Government Code authorizes two (2) or more public agencies to
jointly exercise any power common to them.
B. E ach Member Agency and party to this Agreement is a governmental
entity established by law with full powers of government in legislative,
administrative, financial and other related fields.
C. Member Agencies realize the urgent need for areawide planning and
coordination in order to provide advice to public entities on a range of issues that
affect multiple interests.
D. Member Agencies believe that the joint exercise of their powers will
provide an organization capable of conducting studies and projects designed to
improve and coordinate common governmental responsibilities and services on an
areav,ide and regional basis through the establishment of a council of governments.
E . Member Agencies wish to create a unified subregional organization
which will improve Orange Countys abilities to be represented in the southern
California region, the State of California and the nation on issues and matters that
affect collective Orange County interests.
F. Member Agencies believe that an Orange County Council of
Governments ("OCCOG") is best suited to accomplish the preparation of
subregional plan components mandated by state and federal law to conduct studies
and projects designed to improve and coordinate the common governmental
responsibilities and services on an areawide and regional basis through the
establishment of a council of governments, and explore areas of intergovernmental
cooperation and coordination of government programs and provide
recommendations and solutions to problems of common and general concern.
G. Between approximately April 1996 and January 1998, thirty (30)
Member Agencies adopted the original joint Powers Agreement ("Original JPA") for
the OCCOG. Since that date, twelve (12) additional Orange County agencies have
signed the Original JPA to become Member Agencies.
H. The Member Agencies believe the OCCOG has been operating
effectively at accomplishing its purposes, as outlined in the Original JPA, and seeks
to have the Original JPA amended by this Amended and Restated JPA to better
comport with the present and anticipated future needs of the OCCOG.
NOW, THEREFORE, in consideration of the recitals and the mutual
obligations of the parties as herein expressed Member Agencies agree as follows:
SECTION 1
ESTABLISHMENT
This Agreement amends and supersedes the Original JPA in its entirety.
There is hereby created an organization known and denominated as the Orange
County Council of Governments (OCCOG) which shall be a public entity, separate
and apart from any member city or county. The Orange County Council of
G overnments shall be governed by the terms of this joint Powers Agreement and
the Rules, duly passed and adopted by the Board
2
SECTION 2
PURPOSE AND FUNCTIONS
2.1 Functions
OCCOG established hereunder shall perform all necessary functions to fulfill
the purposes of this Agreement. The OCCOG shall:
a. Serve as a forum for consideration, study and
recommendation on area-wide and regional problems;
b. Assemble information helpful in the consideration of
problems peculiar to Orange County;
C. Explore practical avenues for intergovernmental cooperation,
coordination, and action in the interest of its members;
d Seek economies of scale whenever practical in the
administration of governmental services;
e. Exercise jointly the common powers of its members to
manage and administer any implementation agreement or
program;
f. Make and enter into contracts;
g. Contract for the services of engineers, attorneys, planners,
financial consultants and others and employ such other
persons, as it deems necessary:
h Adopt rules, regulations, policies, bylaws and procedures
governing the operation of OCCOG;
i. Apply for grants under any federal, state, regional or local
programs as needed to achieve member objectives;
j. Seek the adoption or defeat of any federal, state or local
legislation or regulation necessary or desirable to accomplish
the stated purposes and objectives of the OCCOG;
k. Incur debts, liabilities or obligations;
1. Acquire, hold or dispose of property;
m. Receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons,
firms, corporations and any governmental entity;
3
n To the extent not specifically provided in this Agreement, to
exercise any powers authorized by the member agencies to
achieve the OCCOG's objectives and such further powers
not specifically mentioned herein, but common to Member
Agencies, and authorized by California Government Code
Section 6508.
2.2 Limitation of Powers
The manner in which the OCCOG may exercise its powers shall be
subject to any statutory limitations applicable to the Orange County
Transportation Authority.
SECTION 3
ORGANIZATION
3.1 Membership
The parties to OCCOG shall be each public entity which has executed or
hereafter executes this agreement, or any addenda, amendment, or supplement
thereto, and which has not, pursuant to provisions hereof, withdrawn from the
OCCOG.
Other entities within Orange County may petition to become a member of
the OCCOG by submitting to the Board of Directors ('Board") a resolution
adopted by its governing body. The Board shall review the petition
f or membership and shall vote to approve or disapprove the petition If the petition
is approved by a majority of the Board the petitioning entity shall become a
member of the OCCOG.
The names of the member parties at any time shall be shown on Exhibit
1, attached, as amended or supplemented from time to time.
3.2 Withdrawal from Membership
Any member of OCCOG may, at any time, withdraw from the OCCOG.
The withdrawal of a member agency shall become effective ninety (90) days after a
resolution adopted by its governing body which authorizes withdrawal is received by
the OCCOG.
4
3.3 Successor Agency
The Orange County Council of Governments is hereby designated the
successor in interest to the Orange County Regional Advisory and Planning Council
(RAPC).
SECTION 4
BOARD OF DIRECTORS
4.1 Board of Directors and Voting
All functions of the OCCOG shall be exercised by the Board Recognizing
the provisions for formation in Section 9.1 of this agreement, the Board would be
composed of elected officials and ex-officio (non voting) representatives of the
following entities, as further provided in the OCCOG's Bylaws:
Ent-Ay No. of
Members Vow
County of Orange 1
Orange County Transportation Authority 1
Orange County Transportation Corridor Agencies 1
Orange County Sanitation Districts 1
Orange CountyISDOC/Water Agencies Representative 1
Orange County Representative to SCAQMD 1
Orange County Delegates to SCAG 12
Orange County SCAG representative 1
At-large Orange County Cities Member 1
Total Members 20 voting
Additionally, there shall be one Orange County Division, League of
California Cities Representative (non voting Ex-Officio), one Private Sector
Representative (non voting Ex-Officio) and one University Representative (non-
voting Ex-Officio) on the OCCOG Board, but more may be established based on
needs and in accordance with the OCCOG's Bylaws.
5
4.2 Terms/Removal
Board members serve at the pleasure of the appointing entity and Board, as
further set forth in the OCCOG Bylaws.
4.3 Vacancies /Alternates
If a person who has been appointed as a director ceases to serve as a member
of the appointing entity or no longer qualifies to serve as a member of the appointing
entity, he/she shall no longer serve on the OCCOG Board The appointing entity is
encouraged to fill vacancies as expeditiously as possible to ensure representation on
the voting Board
Each Board member can designate one or tm alternates, provided that said
alternates serve in a similar capacity in the entity as the Board member (i.e., elected
officials for voting members). Alternate directors shall receive all meeting notices
and written material sent to directors and shall have the right to participate and vote
at meetings of the Board in the absence of the director for whom the alternate
director serves.
All provisions of law relating to conflicts of interest that apply to a Board
member shall apply to alternate board members.
4.4 Ex-Officio Representatives
Such representatives shall receive all meeting notices, shall have the right to
participate in Board discussions, and shall have the right to place matters on the
agenda, but shall not be counted towards a quorum of the Board and shall have no
vote.
4.5 No Dual Representation
It is recognized that elected officials often represent various agencies by
serving on various boards, committees, etc. In instances where elected officials
represent more than one OCCOG member agency, the official will choose one
agency to represent. When an elected official is the sole representative of an agency,
the elected official shall represent that agency on the OCCOG Board Procedures
6
for filling open OCCOG member positions will follow those described in the
OCCOG's Bylaws.
4.6 Officers
Chair: The Chair of the Board shall be elected annually as further
provided in the OCCOG bylaws. Any Board member may be authorized to
represent the Board upon approval by the Chairman.
Vice Chair: The Vice Chair of the Board shall be elected annually, as further
provided in the OCCOG bylaws, and have all the powers to act in the place of the
Chair in the Chair's absence.
4.7 Quorum
A majority of appointed voting directors shall constitute a quorum for acting
on the business of the Board. If such number of Board members is an even
number, a majority shall be one more than half the number of appointed directors
to the Board
4.8 Meetings
Regular Meetings: Regular meetings of the Board shall be held every month
according to a schedule approved by the Board at its first meeting each calendar
year.
Special Meetings: Special meetings may be called by the Chairman or a
quorum of Board members.
Brown Act: All meetings shall be called and conducted in accordance
with the Ralph NL Brown Act.
4.9 Bylaws
Bylaws providing additional details pertaining to the conduct of OCCOG
and its support structure will be established and approved by the OCCOG Board
7
SECTION 5
STAFFING, FUNDING AND ADDITIONAL
RESPONSIBILITIES
5.1 Staffing, Consultants and Agents
The Board shall have the power to appoint, by employment or on a
contractual basis, and remove an administrative officer to serve as the Executive
Director of the Board Such Executive Director shall have full authority and
responsibility to implement the purposes and objectives of the OCCOG, subject to
the general authority of the Board and specific definition of duties, responsibilities
and compensation by contract or employment terms as approved by the Board and
as provided by the OCCOG Bylaws. The duties of the Executive Director may be
delegated by the Executive Director to subordinate employees or performed through
contractual services.
The Board may appoint any additional staff, consultants or agents, as deemed
necessary or desirable by approval of the Board Such additional officers may be
officers or employees of a Member Agency or the Board may approve entering into a
contractual agreement for services for any function necessary for the Board to carry
out its purpose, which additional officers or employees shall not be deemed
employees of the OCCOG.
Additional support to OCCOG may be provided through committees, as
established in the Bylaws.
5.2 Funding
Dues: E ach Member of the OCCOG shall pay annual membership dues to
recover costs for staffing, legal services, equipment, materials, contract services,
office space and other capital and operational costs as stipulated by OCCOG's
annual adopted budget, which dues shall initially be set at the amount provided as
Exhibit "2" attached hereto and, thereafter, adjusted pursuant to OCCOG's annual
adopted budget. Said dues structure shall be established by resolution of the Board
and shall be updated annually.
8
Additional funding for the OCCOG's operation may be provided by monies
provided to Orange County from the Southern California Association of
Governments, member and/or non-member agency financial contributions, grants,
and other sources authorized and approved by the OCCOG Board
5.3 Assignment of Additional. Responsibilities
Additional responsibilities will be undertaken by OCCOG in accordance with
the following procedures.
Requests to Examine Issues and Provide Input/Recommendations:
Requests from non member and member agencies may be made to OCCOG to
examine activities and provide recommendations. The OCCOG shall assign the
Executive Director or an OCCOG committee the task of examining staffing
needs and funding issues to undertake additional responsibilities, including the
need to establish a special assessment to fund any additional responsibility, and
providing recommendations to OCCOG on how and whether it might choose to
pursue the request. In addition to considering potential staffing/funding
constraints, the Executive Director or OCCOG committee will also base its
recomrnendations, and the OCCOG shall consider, on whether the request/issue has
strong countywide support among OCCOG members and can reduce or eliminate
duplication, improve efficiencies and otherwise achieve countywide consensus and
OCCOG objectives.
Assignment of Responsibilities to OCCOG: Should requests from member
and/or nonmember agencies be made for the OCCOG to assume responsibility for
delivery of services, development of plans, programs or similar activities, the
OCCOG would assume said responsibilities upon approval of its Board with
concurrence of the affected agency(ies).
9
SECTION 6
FINANCES
6.1 Budget
Prior to July 1st of each fiscal year, the Board shall adopt a budget.
6.2 Designation of Treasurer and Auditor/ Controller
The Board shall, in accordance with applicable law, designate a Treasurer and
Auditor/Controller for the OCCOG. The Treasurer shall have charge of the
depositing and custody of all funds held by the OCCOG. The Treasurer shall
perform such other duties as may be imposed by provisions of applicable law,
including those duties described in Section 6505 and 6505.5 of the Government
Code and such duties as may be required by the Board The Auditor/Controller shall
maintain the financial records of the OCCOG, and shall perform such functions as
may be required by provisions of applicable law, this Agreement and any OCCOG
bylaws and the direction of the Board
6.3 Obligations of the OCCOG
As authorized by California Government Code Section 6508.1, the debts,
liabilities and obligations of the OCCOG shall be the debts, liabilities or obligations
of the OCCOG alone. No member of the OCCOG shall be responsible, directly or
indirectly, for any obligation, debt or liability of the OCCOG, whatsoever.
The debts, liabilities and obligations of the OCCOG shall be the debts, liabilities and
obligations of the OCCOG alone, and not of the Members.
6.4 Control and Investment of OCCOG Funds
The Board shall adopt a policy for the control and investment of its funds and
shall require strict compliance with such policy. The policy shall comply, in all
respects, with all provisions of applicable law
10
6.5 Funds and Properties
The Board shall appoint an entity to receive and have the custody of, and
disburse OCCOG funds and property and make disbursements as agreed to by its
members. The appointed entity shall invest OCCOG funds in accordance with the
general law. All interest collected on OCCOG funds shall be accounted for and
posted to the account of said funds.
6.6 Accounts and Reports
The OCCOG shall establish and maintain such records and accounts which
are deemed necessary to account for and report on the various sources of funds,
expenditures, grants, programs and projects and as may be required by good
accounting practice, the State Controller or the United States Government. The
books and records of the OCCOG shall be open to inspection by representatives of
the member agencies at all reasonable times.
SECTION 7
INDEMNITY
Each party hereto agrees to indemnify and hold the other parties harmless
from all liability for damage, actual or alleged to persons or property arising out of
or resulting from negligent acts or omissions of the indemnifying party of its
employees.
The member agencies, and their employees, officers, members and directors
will not be liable to OCCOG (or anyone who may claim any right because of a
relationship with OCCOG) for any acts or omissions related to the service to
OCCOG. OCCOG and its members will indemnify and hold the members harmless
from any obligations, costs, claims, judgments, attorneys fees, and/or attachments in
any way connected with the services provided to OCCOG under this agreement.
II
SECTION 8
TERMINATION AND) DISSOLUTION
8.1 Termination
The OCCOG shall continue to exercise the joint powers herein until the
termination of this Agreement and any extension thereof or until the parties shall
have mutually rescinded this Agreement: providing, however, that the OCCOG and
this agreement shall continue to exist for the purposes of disposing of all claims,
distribution of assets and all other functions necessary to conclude the affairs of the
OCCOG. Termination shall be accomplished by a majority action of the Board
8.2 Distribution of Property and Funds
In the event of the termination of this Agreement, any property interest
remaining in OCCOG following the discharge of all obligations shall be disposed in
accordance with Government Code Section 6512.
SECTION 9
MISCELLANEOUS
9.1 Effective Date
This Agreement shall be effective and the Orange County Council of
Governments shall exist from and after such date as this Agreement has been
executed by 50 percent plus one of the cities or the County of Orange in Orange
County representing over 50 percent of the Countys population
12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
evidenced by the signatures below.
MEMBER AGENCY
By.
Date: Title:
ATTEST:
By.
APPROVED AS TO FORM
By.
EXHIBIT 1
MEMBER AGENCIES LISTING
City of Aliso Viej o
City of Anaheim
City of Brea
City of Buena Park
City of Costa Mesa
City of Cypress
City of Dana Point
City of Fountain Valley
City of Fullerton
City of Garden Grove
City of Huntington Beach
City of Irvine
City of La Habra
City of La Palma
City of Laguna Beach
City of Laguna Hills
City of Laguna Niguel
City of Laguna Woods
City of Lake Forest
City of Los Alamitos
City of Mission Viejo
City of Newport Beach
City of Orange
City of Placentia
City of Rancho Santa Margarita
City of San Clemente
City of San Juan Capistrano
City of Santa Ana
City of Seal Beach
City of Stanton
City of Tustin
City of Villa Park
City of Westminster
City of Yorba Linda
County of Orange
Orange County Independent Special Districts/Water Agencies
Orange County Transportation Authority
Foothill / E astern Transportation Corridor Agency
San Joaquin Hills Transportation Corridor Agency
County Sanitation Districts of Orange County, Nos. 1,2,3,5,6,7,11,13,14
South Coast Air Quality Management District
EXHIBIT 2
FY2009-10 OCCOG MEMBERSHIP DUES
Adopted by the OCCOG Board of Directors at its Regular Nlecring of June 25, 2009
2008 Gity Popu7atioj $se'(113) of ; Welglitd Clues' Poplilat of n A opted
Member Agencytlame?o~ulaGo:i'. 00 , DOF Intfia~ I)ueS% of Tofak~o.or O~CCG Clues':
1 ALlSU VIEJO 45,249 1.45'% $ X666.67 $ 1,932.94 $ 3,599.61 $ 3,599-61-
2 ANAHEIM 346,8_23 11.11% $ 1 666.67 $ 14 815,56--$--16'-.48--2-.2-2---$
5,000.00
3BREA 40081 1.28% $ 1,666.67 $ 1,712.18 $ 3,378.84 5 3,378.84
4 BUENA PARK 82,768 2.65% $ 1,666.67 $ 3,535,68 1 5,202.34 S 5,000.00
5l COSTA MESA 113,955 3.65% $ _11666,67 $ _4 867.92 $ 6,534.59 $ 5,000.00
61 CYPRESS _ 49,541 1.59% $ 1,666.67 $ 2,116.29 $_3,782.95_ $ 3,782.95
7 DANA POINT 36,982 1.18% $ 1,666.67 1,579.79 $ 3,246.46 $ 3,246.46
8 FOUNTAIN VALLEY 57^925 1.86% $ 1,666.67 $ 2,474,44 $ 4,141.10 $ 4,141.10
9 FULLERTON _ 137,437 4,40% $ 1,666.67 $ `5,871T02 $ 7,537,6_9 $ 5000.00
10 GARDEN GROVE 173,667 ` 5.54% $ 66.67 $ 7,393.06 $ 9,059.73 $ _ 5,000.00
11 HUNTING_TON BEACH 201,993 6.47%1 $ 1,666.67 $ 8,628.72 $ 10,295.39 $ 5.000.00
12 IRVINE 209,806 _ 6.72% $ 1,666,67 $ 8,962,47 $ 10,629.14 $ 5,000.00
13 ^TLAHABRA _ 62,635 2.01% $ 1,666.67 $ 2,675.64 $ 41342_30 $ 4,342.30
14 LAPAL_MA 16,176 0.52% $,_1,666.67 $ 691.00 $ 2,357.67 $ 2,357,67
15 LAGUNABEACH_
_ 25,131 0.61% $ 1,666.67 I 1,073.54 $ 2,740-21 $ 2,740.21
16 LAG_UNA-FIIL.LS_ ~ 33-,421 1.07% $ 1,666.67 $ T 1,427.68 $ 3,094.34 $ 3,094`34
17 LAGUNA NIGUEL 66,877 2.14% _ 1,666.67 $ 2,856.85 $ 4 ,523,.51 $ 4,523,51 _
18 LAG UNA WOODS 18,442 0.59% _$-.1,666.67 $ 787.80 $ 2,454.47 $ 2,454.47
19 L_AK_E FOREST 78,317, 2.51% $ 1 666.67 $ 3,345.54 $ _5,012.21 $ 5,000.00
20uLOSALAMITOS _ 12191 _ 0.39% $ 1,666.67 $ 520.77 $ 2,187.44 $ 2.187.44
21 MISSION VIEJO _ 98,572 3.16% $ 1,666.67 $ 4_210.79 $ 5,877.46 $ 5,000000
22 NEWPORT BEACH 84,654 2.71% $ _1,666,67 $ 3.611.97 $ 5,278.6_4 _ $ 5,000.00
23 ORANGE 140,8_49 4.51% 11,666.67 _ 6,016.78 $ 7,683.44 $ 5,00_0.00
24 PLACENTIA 51,727 _ 1.66% $ 1,666.67 $ 2,209.67 $ 3,876.34 $ 3,876.34
25 RANCHO SANTA MARGARITA T 49,764 1.59% $ 1,666.67 $ 2,125.81 $ 3,792.48 $ 3,792.48
26 _SAN CLEMENTE 67,892 _ 2,18% $ 1,666.67 $ J 2,900.20 $ 4,566.87 $ 4,566.87
27 SAN JUAN CAPISTRANO _ 36,78_2 1.18%1 $ 1,666.67 $ 1,571.25 $ 3,237.92 3,237-92
28 SANTAANA T~ 353,184 11.32%1 $ _ 1,666.67 $ 15,087.28 $ 16,753.95 $ 5,000.00
29 SEALBEACH~ 25,986 0.83% 1,666.67 $ 1,110.07 2,776.73 $ 2,776_.73
30 STA_NTON _ 39,276 _ 1.26% $ 1 666.67 $ 1,677.79 $ 3,344.46$ 3,344.46_
31 TUSTIN _ 74,218 2.38% $ 1666.67 $ 3,170.44 $ 4.837.10 $ 4,83710
32 VILLA PARK i 8,259 0.20%' $ 1.656.67 $ 267.37 $ 1,934.04 $ ~1.fT4.0
33 WESTMINSTER _ 93,027 1,666.67 $ _ 3 973.92 $ 5 640 59 $ 5,000.00
34 YORBA LINDA 68,312 2.19% $ 1,666.67 $ 2,918.15 $ 4,584.8_1 _4,_584,81
35 COUNTY OF ORANGE 122,032 3.91% $ 1,666.67 $ 5,212.95 $ 6,879.52 $ 5,600.00
36 OCTA'_ _ 0 0.00% $ - $ 5,000.00
37~ TCA' 0 0.00% $ - $ 5,000.00
38 OC Sanitation Districl* 0 0,00% $ $ 5,000.00
39 OC Special Districts (ISDOC)` _ 0 0.00% $ $ 51000.00
40 South Coast AQMD 0 0.00% $ $ 5,000.00
Total 3,121,251 100.00% $58,333.33 $ 167,799.65
ITEM NO. 2.4
AGENDA REPORT
Meeting Date: July 20, 2010
To: Executive-Administrative-
Organizational Committee
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General
Manager
Reviewed by Legal: Yes
Prepared By: Harold Hulbert, Operations
Assistant
Subject: Memorandum of Understanding with the County of Orange for the Utilization of
AlertOC
SUMMARY:
AlertOC is a reverse notification system that is being provided by the County of Orange at no cost to
water districts. The system can be utilized for public notification of a water related emergency, as
well as internal notification to staff of an emergency response.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize the General Manager to enter into
an MOU between the County of Orange and MWDOC for use of the Alert OC system.
DISCUSSION:
Alert OC is intended to supplement, not replace, other forms of communication. Jurisdictions are to
use the system in tandem with other notification systems to assist in warning the public of a
perceived or emerging emergency, to inform an impacted community of what action to take during
an in-progress public safety/public health crisis, to keep a community updated on the status of an
event, and to disseminate post event information to impacted areas.
The communication channels that allow these components to be used in coordination are every day
devices used by individuals and businesses such as cell phones, landlines, email, and text
messages, which increase the public's ability to access timely and critical information. The ability to
send messages via text, cell phone or email is critical, especially as more and more people opt not
to have a traditional land based phone line.
Specific to water agencies, events that might require a water agency to notify their contact base
include but are not limited to: Emergency Water Conservation, Boil Water, Do not Drink, Do not
Use, Water Unavailable for Extended Period, and Event All Clear. Participant agencies can only
notify their own customers or residents; for water utilities this includes the potential of notifying
residents and businesses of multiple cities.
The District would utilize the system as described above as a means to provide additional
communication during emergency actions as proscribed in the District Emergency Response Plan
and as designated by the General Manager. Additionally, this service would be used during larger
disasters in which WEROC is coordinating a Joint Information Center and developing joint press
releases for multiple impact areas.
Participation in the Alert OC program is currently free for water agencies and is funded by the
County through May 2012. Throughout this time, the program provides access to the system and
data, the capability to pre-load scripts and use agency map files, and allows up to 3 user accounts
per agency. As for limitations, water agencies are limited to notifications about "Emergency Water
Events," and distribution of these notifications is limited to that agency's water consumers. To utilize
the system water agencies must be in compliance with the Countywide Public Mass Notification
Use Policy, Notification System Vendor Contract, and E911 Data Restrictions.
The water departments of cities already have access to this system via their emergency
management or public safety representative. Golden State Water Company is opting not to
participate since they already have a notification system that is utilized throughout the state and all
of their service areas.
Attached is the participant MOU and its attachments. MWDOC Legal Counsel assisted in the MOU
writing and review process. The MOU is primarily the same agreement that was signed between the
county and the cities with only minor changes.
ATTACHMENTS:
Narn9: Doscrip ion: u
Final_Agree.pdf Memorandum Of Understanding Backup Material
MOU
BETWEEN
THE COUNTY OF ORANGE
AND
PARTICIPANTS
FOR USE OF COUNTYWIDE MASS NOTIFICATION SYSTEM
This Memorandum of Understanding, hereinafter referred to as "MOU,"
dated , which date is stated for purposes of reference only, is entered into by and
between the County of Orange, a political subdivision of the State of California, hereinafter
referred to as "COUNTY," and the undersigned Municipal Water District of Orange County and
Orange County Retail Water Agencies, hereinafter referred to individually as "PARTICIPANT" or
collectively as "PARTICIPANTS."
This MOU is intended to establish governance and terms of use of the Countywide Public
Mass Notification System referred to as AlertOC.
RECITALS
WHEREAS, COUNTY is sponsoring a Countywide Public Mass Notification System
("System") for the primary intent of providing timely communication to the public during times
of emergency; and
WHEREAS, COUNTY is making use of the System available to PARTICIPANTS for
dissemination of crisis water notifications to Orange County water consumers within the
PARTICIPANTS' respective jurisdictions; and
WHEREAS, COUNTY entered into Orange County Price Agreement no. N1000009880
("Agreement"), attached hereto as Exhibit A, for the provision of Public Mass Notification
System Services with The NTI Group, Inc. ("NTI") on or about May 6, 2008 to disseminate
critical, time-sensitive emergency information to COUNTY's citizens and businesses through
phone and e-mail devices for emergency notification purposes.; and
WHEREAS, PARTICIPANTS agree to use the System in compliance with all
agreements and policies identified and incorporated herein as Exhibit A (Orange County Price
Agreement no. N1000009880), Exhibit B (Nondisclosure Document), and Exhibit C
(Countywide Public Mass Notification System Policy and Guideline), and the terms of this
MOU.
NOW, THEREFORE, the parties agree as follows:
Pagel of 5
I. Defmitions:
"Agreement" shall refer to Orange County Price Agreement no. N1000009880 between
COUNTY and NTI. The Agreement is attached to this MOU as Exhibit A.
"AlertOC" shall mean the identity of Orange County's regional emergency public
notification system.
"Countywide" shall mean all geographic locations in Orange County, California.
"Contact information" shall mean E911 and AlertOC subscriber contact data stored in the
System for the purpose of disseminating communication in accordance with this MOU
and its Exhibits
"Emergency" shall include, but not be limited to, instances of fire, flood, storm,
epidemic, riots, or disease that threaten the safety and welfare of the citizens and property
located within the boundaries of the COUNTY and PARTICIPANTS' respective
jurisdictions.
"Crisis Water Notification" shall include, but not be limited to, instances requiring the
public to conserve, boil, not drink, or not use at all, water provided by a PARTICIPANT.
"Emergency information" shall mean information relevant to the safety and welfare of
recipients in the event of an Emergency. Such information shall include but not be
limited to instructions and directions to alleviate or avoid the impact of an emergency.
"System" shall mean the Public Mass Notification System as provided by Blackboard
Connect (formerly NTI) to COUNTY under the Agreement. The System is designed to
disseminate information by utilizing common communications, i.e. telephone and e-mail
communications to citizens and businesses as permitted under the Agreement.
II. Hold Harmless: PARTICIPANT will defend, indemnify and save harmless COUNTY,
its elected officials, officers, agents, employees, volunteers and those special districts and
agencies for which COUNTY's Board of Supervisors acts as the governing Board from
and against any and all claims, demands, losses, damages, expenses or liabilities of any
kind or nature which COUNTY, its elected officials, officers, agents, employees or
volunteers may sustain or incur or which may be imposed upon them for injury to or
death of persons, or damages to property as a result of, or arising out of the acts, errors or
omissions of PARTICIPANT, its elected or appointed officials, officers, agents,
employees, subtenants, invitees, or licensees. COUNTY will defend, indemnify and save
harmless PARTICIPANT, its elected or appointed officials, officers, agents, employees
j and volunteers from and against any and all claims, demands, losses, damages, expenses
or liabilities of any kind or nature which PARTICIPANT, its elected or appointed
officials, officers, agents, employees or volunteers may sustain or incur or which may be
imposed upon them for injury to or death of persons, or damages to property as a result
Page 2 of 5
of, or arising out of the acts, errors or omissions of COUNTY, its elected officials,
officers, agents, employees, subtenants, invitees, or licensees.
III. Term: This MOU shall be in effect from and shall expire on June
30, 2012, unless the COUNTY or PARTICIPANT decides to terminate PARTICIPANT
access to the system earlier per the termination terms found in Paragraph IX.
Termination, below.
IV. Scope of Services: The scope of services under this MOU is limited to allowing
PARTICIPANTS use of the System for distributing crisis water notifications to water
consumers in the event of a water emergency. COUNTY shall provide PARTICIPANTS
limited SYSTEM access that will allow them to select applicable contact records, upload
PARTICIPANT map files and send notifications via all SYSTEM communication
channels (phone, e-mail, text). Unless agreed upon by COUNTY separate from this
MOU, each PARTICIPANT will be granted no more than three (3) SYSTEM accounts.
V. Use: Use of the System and its data, including but not limited to contact information, is
governed by the terms, conditions and restrictions set forth in the terms provided in
Exhibit A, B and C. PARTICIPANTS agree to the terms and conditions contained in
Exhibits A, B, and C as they relate to use of the System and its data. COUNTY retains
the right to update Exhibits A, B, and C as needed, in whole or in part, during the life of
this MOU. Any and all revised Exhibits will be distributed to PARTICIPANTS within
five business days of the revision date and shall be incorporated into this MOU. Such
modifications to the Exhibits shall not be deemed an amendment for the purposes of
Paragraph X. Amendments, below.
PARTICIPANT, including each of its agents, officers, employees, and representatives
who are given access to the System, agrees to abide by the individual use terms of each
agreement and the additional conditions incorporated herein. Breach of use may result in
individual user or Participant access account termination.
The. scope of services under the Agreement is limited to PARTICIPANT using the
SYSTEM to distribute crisis water notifications to PARTICIPANT water consumers in
the event of a water emergency.
PARTICIPANT has read and accepts the terms and conditions found in COUNTY's
"Countywide Public Mass Notification System Policy and Guideline (June 30, 2008)",
attached hereto as Exhibit C.
VI. Compensation: COUNTY is providing PARTICIPANTS limited access and use of the
SYSTEM at no charge.
VII. Notice: Any notice or notices required or permitted to be given pursuant to this MOU
shall be submitted in writing and delivered in person, via electronic mail or via United
States mail as follows:
Page 3 of 5
COUNTY:
County Executive Office
Mass Notification System Program Manager
10 Civic Center Plaza
Santa Ana, Ca 92701
Teara.leblanc@ocgov.com
PARTICIPANTS: Each PARTICIPANT shall provide to COUNTY a contact person
and notice information upon entering into this MOU.
Notice shall be considered tendered at the time it is received by the intended
recipient.
VIII. Confidentiality: Each party agrees to maintain the confidentiality of all related records
and information of the other party pursuant to all statutory laws relating to privacy and
confidentiality that currently exist or exist at any time during the term of this MOU. All
information and use of the System shall be in compliance with California Public Utilities
Code section 2872.
IX. Termination: The COUNTY or any PARTICIPANT may terminate its participation in
this MOU at any time for any reason whatsoever. If any PARTICIPANT chooses to
terminate its participation in this MOU, the terminating PARTICIPANT shall provide
written notification in accordance with Paragraph VII. Notice, above. Such notice shall
be delivered at least 30 days prior to the determined termination date, which shall be
stated in the notice. A terminating PARTICIPANT shall uphold the obligations
contained in Paragraph II. Hold Harmless in its entirety and Paragraph VIII.
Confidentiality, above. Upon the determined termination date, PARTICIPANT agrees to
inform each PARTICIPANT user to stop using the System.
Termination by a PARTICIPANT shall not be deemed an amendment to this MOU as
defined in Paragraph X. Amendments, below.
X. Amendments: This MOU may be amended only by mutual written consent of the parties
involved unless otherwise provided for in this MOU. The modifications shall have no
force and effect unless such modifications are in writing and signed by an authorized
representative of each party. Termination by a PARTICIPANT or adding a new
PARTICIPANT to this MOU shall not be deemed an amendment.
Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding
to be executed by their duly authorized representatives as of the dates opposite the signatures.
COUNTY OF ORANGE
I
By: Date:
Thomas Mauk, County Executive Officer
County of Orange
PARTICIPANT:
By: Date:
Authorized Signature
Print Name and Title
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSFL:
ORANgE COgNI1Y ALIFORNIA
t3y ~l!G~
Deputy
Date 7 " V /D
Page 5 of 5
ITEM NO. 3.1
AGENDA REPORT
Meeting Date: July 20, 2010 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: AWWA QualServe Program
SUMMARY:
The Productivity-Innovation-Communication employee committee (PIC) was established to propose
innovative ideas and methods for the District to incorporate more effective and efficient ways of
doing business. As part of this objective, the PIC committee is facilitating the administration of the
QualServe Program within the District.
DISCUSSION:
On July 7, 2010, the PIC committee had the final pre-survey conference call with the QualServe
Program AWWA Administrator, John Anderson. During this conference call, logistics for the
completion of the survey was discussed. A total of 50 employees will be taking the survey, in groups
of 5, across 4 dates in August (August 3, 4, 10 & 11). The survey will be taken on computers and
sent directly to AWWA to preserve anonymity.
An informational meeting for those employees participating in the survey was held on Wednesday,
July 14, 2010. A secondary meeting for those who could not attend will be held on Tuesday, July
20, 2010. These meetings are intended to answer any questions that the employees may have
regarding the survey and/or the QualServe program.
The survey is 350 questions long and will take approximately 2 hours to complete. AWWA should
return the results to the District in 3-4 weeks.
ITEM NO. 3.2
AGENDA REPORT
Meeting Date: July 20, 2010
Subject: General Counsel's Monthly Summary Billing Report June 2010
ATTACHMENTS:
Name: Dosciiption: a ype:
McCormick Kidman Summary Chart.pdf McCormick Summary Chart Backup Material
McCormick _sum_for EAO_agenda.xls McCormick Kidman Summary Backup Material
YORBA LINDA WATER DISTRICT
MONTHLY SUMMARY BILLING CHART
BILLING MONTH. June 2010
Matter Matter Date Task Order
Name Number Opened Amount
CURRENT FISCAL YEAR 2009 -2010
Current Billing Total Billed to Date Total Billed 2008 -2009
June 25. 2010 Current Fiscal Vaar Prinr Fiactal Vasr
CONSTRUCTION CONTRACTS
002
7131/2007
NIA
$1,384.34
$34,810.81
$16,113.90
PROPERTY TAX ALLOCATION
030
$0.00
$1,404.54
$2,085.00
OCWD ANNEXATION
040
1/13/1994
NIA
$125.00
$7,177.31
$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
$14,032.50
$83,767.98
$120,193.53
YLWD DEIMER PLANT
069
$0.00
$4,597.50
S&S DEVELOPMENT AGREEMENTS
071
1
$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
$0.00
$22,735.40
$43,493.12
CELL TOWER
085
7/28/2006
$15,000.00
$0.00
$2,043.80
$1,012.50
WATER RATESIWATER CONSERVATION
087
7/31/2006
$10,000.00
$0.00
$15,159.35
$76,130.12
SOD PROCEDURES
089
3/27/2006
$5,000.00
$0.00
$0.00
$12,522.50
GRANDVIEW SEWER
091
5/30/20071
$10,000.00
$0.00
$545.50
$1,202.50
Matter Matter Date Task Order Current Billing Total Billed to Date Total Billed 2008 -2009
Name Plumber Onened Amnunt .Lena 94 9rlirl 1'11. n4 FiQrMl Vanr Drinr WI-I Vn.r
2010 DEVELOPMENT PROPOSALS
094
1/19/2010
$0.00
$6,500.00
CIELO VISTA
095
2/3/2090
$0.00
$2,787.12
CODE OF ETHICS
096
2/19/2010
$0.00
$4,455.00
ANAHEIM WELLS
097
3/31/2010
$0.00
$907.50
SAVI ANNEXATION
098
5/17/2010
$0.00
$1,072.50
TOTAL
$15,541.84
$188,593.15
$290,488.09
McCormick, Kidman & Behrens Charges
Month of
Jun-2010
Expensed 15,201.84
Job charges 2,340.00
17,541.84
YTD through
Jun-2010
Expensed 171,632.08
Job charges 42,285.71
213,917.79