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HomeMy WebLinkAbout2011-12-08 - Resolution No. 11-19 RESOLUTION NO. 11-19 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REQUESTING A SEAT ON THE BOARD OF DIRECTORS OF THE ORANGE COUNTY SANITATION DISTRICT WHEREAS, the Yorba Linda Water District was formed and operates under the County Water District Law (Water Code § 30000, et seq.) and thereby is authorized to acquire, construct and operate facilities for the collection, treatment and disposal of sewage, waste and storm water of the district and its inhabitants; and WHEREAS, the Yorba Linda Water District is the sole provider of sewer service within the community of Yorba Linda; and WHEREAS, when the Yorba Linda Water District acquired the last portion of the sewer system serving the community of Yorba Linda, the City of Yorba Linda agreed as follows: ORANGE COUNTY SANITATION DISTRICT REPRESENTATION. The City agrees to support District membership representation on the Orange County Sanitation District Board and support the appointment of a representative from the District. The District's representative shall be selected by the District's Board of Directors. WHEREAS, on June 28, 2011 the City of Yorba Linda wrote a letter to the Yorba Linda Water District (copy attached) supporting the District's request for a seat on the Board of Directors of the Orange County Sanitation District for a representative to by appointed by and from the Board of Directors of the Yorba Linda Water District; and WHEREAS, legal counsel to Orange County Sanitation District has advised Yorba Linda Water District that the County Sanitation District Act (Health & Safety Code §4700, et seq.) may need to be amended to accommodate a seat on the Board of Directors of the Orange County Sanitation District for a representative appointed by and from the Board of Directors of Yorba Linda Water District. Resolution No. 11-19 Requesting a Seaton the Board of Directors of the Orange County Sanitation District 1 NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby resolve as follows: Section 1. The Board of Directors of the Yorba Linda Water District petitions the Board of Directors of the Sanitation District of Orange County to seat on the Board of Directors of the Orange County Sanitation District a representative to be appointed by and from the Board of Directors of the Yorba Linda Water District. Section 2. The Board of Directors further petitions the Board of Directors of the Sanitation District of Orange County to join with the Yorba Linda Water District and the City of Yorba Linda to seek, if deemed necessary, an amendment to the County Sanitation District Act to accommodate seating a representative on the Board of Directors of the Orange County Sanitation District to be appointed by and from the Board of Directors of the Yorba Linda Water District. Section 3. The General Manager is authorized and directed to deliver this resolution to the Board of Directors of the Orange County Sanitation District. PASSED AND ADOPTED this 8th day of December 2011 by the following called vote: AYES: Directors Beverage, Collett, Hawkins, Kiley and Melton NOES: None ABSTAIN: None ABSENT: None Phil Hawkins President Yorba Linda Water District ATTEST: Kenneth A. Vecchiarelli , Secretary Yorba Linda Water District I Reviewed as to form by General Counsel: Arthur G. Kidman Kidman, Behrens & Tague, LLP Resolution No. 11-19 Requesting a Seaton the Board of Directors of the Orange County Sanitation District 2 1 - pp JUN 29 2011 A _ P, Q. E3 COX e7014 CA1. IFORNIA 19288-£3714 (114'+ 961 741© pp FAX t)9-3-7530 OFFICE OF THE CITY MANAGER June 28. 2011 Ken Vecchiarelli General Manager Yorba Linda Water District 1717 F. Miralonia Ave. Placentia, CA 92870 Re. Orange County Sanitation District Board Dear Ken; Prior to the Public Sewer Transfer Agreement ("Agreement") between the City of Yorba Linda ("City") and the Yorba Linda Water District ("District") goes into effect" I wanted to touch base: with you on an issue so that we are both on the same: page:. Apparently, the District is attempting to obtain a seat on. the Orange County Sanitation District OCSD") Board. Section 10 of t he Agrectnent states: The City agrees to support District membership representation on the Orange County Sanitation District Board and support the appointment of` a representative from the District. The. District representative shall be selected by the District's Board of Directors. As outlined in the letter dated August 18, 2010, from the OCSD's General Counsel Bradley Hogin of Woodruff, Spradlin & Smart in response to the District's initial inquiry about membership on the OCSD Board, Heaitih and Safety Code Section 4730.65 specifies the composition of the OCSD Board. Under Section. 47 30.65, other than for a few exceptions that do not apply to this situation, one member of each city council of each city located wholly or partially with the 0CSD is entitled to a seat on the OCSD Board. Therefore, the. City will continue to have a seat on the OCSI) Board after the Agreement goes into effect on July 1, 2011. Kett Vecchiarelli June ?8, 2011 Page Z The City, as Section 10 of the Agreement states and as you and I recently discussed, will support District membership as an additional member sitting along with the City on the QCSD Board. The City may do this by supporting a change to the legislation which currently prohibits District membership. However, the City will not relinquish its membership on the OCSD Board to the District and the City will not support any effort to remove the City from the OCSD Board in any manner. The Agreement merely requires the City to support District membership on the Board. The Agreement does not require the City to relinquish, and the City will not relinquish, its own membership on the Board. Very truly yours, CITY O YOR13A LINDA Steven A. Rudometkin Cc: John Andersen-OCSD Board Member/ City of Yorba Linda James Muth-General Manager/DCSD