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HomeMy WebLinkAbout2011-11-30 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Wednesday, November 30, 2011, 4:30 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Damon Micalizzi, Public Information Officer 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. Resolution Requesting a Seat on the Orange County Sanitation District Board Recommendation: That the Committee recommend the Board of Directors adopt a resolution requesting a seat on the Orange County Sanitation District Board of Directors. 2.2. Reorganization of the Board of Directors for Calendar Year 2012 Recommendation: That the Committee recommend the Board of Directors nominate and elect a President and Vice President and appoint staff to serve as the Secretary, Assistant Secretary and Auditor. 2.3. Board of Directors Compensation Recommendation: That the Committee consider the Board of Directors' compensation. 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. Status of Strategic Plan Initiatives 3.2. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next meeting of the Executive-Administrative-Organizational Committee will be held December 20, 2011 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: November 30, 2011 To: Executive-Administrative- Organizational Committee From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Manager Reviewed by Legal: Yes Prepared By: Damon Micalizzi, Public Information Officer Subject: Resolution Requesting a Seat on the Orange County Sanitation District Board SUMMARY: As the sole sewer service provider for the City of Yorba Linda, YLWD is applying for a seat on the Orange County Sanitation District Board of Directors in order to appropriately represent its rate- payers. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors adopt a resolution requesting a seat on the Orange County Sanitation District Board of Directors. DISCUSSION: As a result of the attached Sewer Transfer Agreement with the City of Yorba Linda that went into effect on July 1, 2011 the Yorba Linda Water District is now solely responsible for the collection and transportation of sewage within city limits. This area represents approximately 20,000 of the 25,500 YLWD sewer accounts, including residential, commercial, and industrial customers. These customers will be submitting payments directly to the District, and therefore, the District will ultimately be accountable for justifying rates and service. Attached are a draft resolution prepared by legal counsel and a letter from the City for review. ATTACHMENTS: Name: Des mpfiom Type, Yorba Linda, City of Sewer Transfer Agreeement Backup Material Transfer of Public Sewer System.pdf City Position on OCSD Board.pdf Citly Letter Backup Material YLWD Resolution Requesting OCSD Seat.docx Draft Resolution Resolution Pt 1;LI C IS LW ft. F ~ ~-,TLM 1 RAC -,F ER r (,,ItFE IVN-1' "THIS PUBLIC; SEWER TRANSFER AGREEMENT ("Agreement") is trade and entered into on 7 , 2011, by and between the YORBA LINDA WATER DISTRICT, a loca public agency, created and operating under authority of Division 12 of the California Water Code ("District"), and the CITY OF YORBA LINDA, a municipal corporation organized and existing under `Title 4, Section 34000 et seq. of the California Goverttnient Code ("City") (collectively referred to herein as the "Parties,"). RECITALS WHEREAS, both the District and City have the legal power and authority to provide both water and sewer services to the lands and inhabitants within their respective boundaries. The purpose of this Agreement is to further strengthen a stable and compatible working relationship between the Parties with the goal of consolidating sewer service under one agency to maximize efficiencies for the overall benefit and enjoyment of the residents, businesses and other stakClio k1Grs ("Scrv ice lieneticiaries") ol, the Yorba Linda area: and WHEREAS, the District currently provides scv~er service to approximately ttivo thirds of' the residents and businesses connected to the public sewer system within the City limits. `The District provides water service to all areas within the City, with the exception of a small portion known as the Locke Ranch area, which is served by an investor-owned public utility. 'The District provides sewer service to the Locke Ranch area and water service to portions of the Cities of Anaheim, Brea, Placentia, and to a portion of an unincorporated County of Orange territory. Additionally, the District provides sewer service to the West End Yorba Linda Area (approximately 151000 services) along with a portion owned by the City (approximately 3,000 services) generally located easterly of I°airmont Blvd and westerly of San Antonio Road, with I-airtnotit to the north. and Lsperanr.a to the SOLIth: and NN 1-lERL/XS, pelrsuant to the "Agreement for the Provision of 1\ ater and der,ver ;SerxIces", dated October 3, 1977, the City currently provides sewer service to the East Yorba Linda Area (approximately +6,100 services).. which generally extends easterly of San Antonio Road ('East Yorba Linda Area"), and WHEREAS, the governing bodies of the District and the City have determined that it would be in the best interest of their Service Beneficiaries for District to acquire the sewer collection system currently owned by the City and generally described in the preceding recitals: and WHEREAS, the City desires to transfer and assign to the District, at no cost to District, such sewer collection facilities, and the associated parcels of real property, easement rights and other associated assets on the terms and conditions herein set forth, free and clear of all liens, and 1'I lit 1( wl l R I k,\ti ;l LP 1t i1Z1. 1%11 % I Cit-v (4 Y0171M I 11ILLI - Yorba Linda Water District P,o..c I District desires to acquire such sewer collection facilities and the responsibility to provide continuing sewer service to the residents of the City of Yorba Linda; and WHEREAS, it is the objective of the Parties that the transfer of such sewer collection facilities be accomplished in a manner that will maintain equity to the ratepayers and property owners in the City of Yorba Linda and in the District's service area. NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the Parties agree as follows: i AGREEMENT 1.0. EFFECTIVE DATE. This Agreement shall be effective upon execution by all Parties. All assets, liabilities, contractual rights and obligations, and any other real or personal property or other interest whatsoever of the City, related to the Sewer Collection Facilities, as defined in Section 3.1, shall be transferred to the District in accordance with this Agreement, and all approvals and permits required from regulatory or jurisdictional agencies (e.g. Regional Water Quality Control Board or Local Agency Formation Commission) for the transfer of the Sewer Collection Facilities by July 1, 2011 ("Transfer Date"). 2.0. MUTUAL CONSIDERATION. In reliance on the City's disclosures and representations, and in exchange for mutual consideration provided by the terms, conditions, covenants, and promises of this Agreement and the transfer of the Sewer Collection Facilities, the District agrees to assume the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area. In consideration for the District assuming the obligation and responsibility to provide sewer service and maintenance to the East Yorba Linda Area, the City agrees to transfer the Sewer Collection Facilities to the District. 3.0. TRANSFER OF ASSETS. Subject to the terms and conditions of this Agreement, on the Transfer Date, the City transfers and assigns to the District, and District accepts, all of the City's right, title and interest in and to the following assets, rights, claims, properties and interests that the City owns, (collectively, the "Transferred Assets"): M. Sewer Collection Facilities. All of the City's right, title and interest in and to the Sewer Collection Facilities owned, leased or otherwise possessed by the City.") 3.2. Easement Deeds and Real Property. All of the City's rights to access or use any real property or rights, title and interest to real property (including by lease, license, permit or easement) directly or indirectly used in the operation of the Sewer Collection Facilities, including, without limitation, any leases, easements, and real properties. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 2 3.3. Permits. All approvals, consents, licenses, permits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any governmental authority (other than the City) for the ownership or operation of any Sewer Collection Facility, including, without limitation, any Permits to the extent such Permits are assignable. 3.4. Sewer Related Inventory Items. Any and all inventory items utilized for the maintenance, repair, replacement, or rehabilitation of the Sewer Collection Facilities. 4.0. DISTRICT'S SERVICE OBLIGATIONS. Commencing on the Transfer Date, the District will provide continuing sewer service to all residents in the City. The District shall be responsible for the Fats, Oils and Grease (FOG) program for the sewer service area transferred pursuant to this Agreement in addition to and to the same standards as the areas already covered by the District per the Waste Discharge Requirements (WDR's) regulated by the State of California Water Resources Control Board. 5.0. MODIFICATION OF PRIOR AGREEMENT. The Parties hereby modify the "Agreement for the Provision of Water and Sewer Services" between the City of Yorba Linda and the Yorba Linda Water District, dated October 3, 1977 (the "1977 Agreement") as specified below. Except as expressly modified herein, the 1977 Agreement shall remain in full force and effect. To the extent that there is inconsistency between this Agreement and the 1977 Agreement, the terms of this Agreement shall govern. 5.1. Paragraph 10 of the 1977 Agreement is deleted in its entirety and the following paragraph is substituted in its place: "10. Water and Sewer Services. Water and sewer services to all areas within the City, including future territory annexed thereto, shall be provided by the District. The City agrees not to provide such services. The terms of this paragraph shall not limit the ability of the District to supply water and sewer services outside the boundaries of the City. The District shall be responsible for the design, construction, operation, maintenance, repair and replacement of all facilities, including in-tract subdivision systems, necessary to provide such water and sewer services. Developers applying to the District for water and sewer services shall comply with all of its rules and regulations, provided that such water and sewer services and conditions imposed by the District shall be in accord with generally accepted standards for public water and PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 3 sewer supply systems. Nothing contained in this Agreement shall in any way limit the authority of the District in connection with its legal powers to supply water and sewer services." 5.2. Paragraph 12 of the 1977 Agreement , formerly entitled "City Sewer Service Area," is deleted in its entirety and the following paragraph is substituted in its place: "12. District Sewer Service Area. The District shall provide sewer service to all of those areas within the City, including future territory annexed thereto, as shown on Exhibit `A' as the `City Sewer Service Area."' 5.3 Paragraphs 13, 14, 15, 16, and 17 remain in full force and effect except where the context requires that the word "City" be substituted by the word "District" in order to be consistent with Paragraph 10, as amended by this Agreement, and the District's assumption of obligations and responsibilities under this Agreement. 6.0. DISCLOSURES and REPRESENTATIONS. The City has made the following disclosures and representations to the District in connection with this Agreement. The City represents that the information and documents provided to the District as described below are complete and that the City has no knowledge of additional information or documents that have not been provided to the District and that would be material to these disclosures and representations. The District enters into this Agreement in reliance on the following disclosures and representations. 6.1. The City hereby represents that it will provide copies to the District with a full accounting of monies and funds collected and expended to operate the Sewer Collection Facilities, including but not limited to Income and Expense reports, Balance Sheets, a listing of bad debts/delinquencies and audit reports for FY 200$109, FY 2009/10 and when available, for FY 2010111. 6.2. The City hereby represents that it has provided prior access to existing records and will provide permanent copies of any such records within thirty days of the Transfer Date, to the District any and all maintenance records, repair records, construction documents, purchase documents (including receipts and written warranties), and/or logs that relate to the Sewer Collection Facilities for the period January 2005,[A11 to the present. 6.3. The City hereby represents that it has provided the District with access to any and will provide permanent copies to the District within thirty days of the Transfer Date of all as-built maps, specifications, and/or mapping documents that relate to the Sewer Collection Facilities. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 4 6.4. The City hereby represents that it has provided the District with access to any and will provide permanent copies to the District within thirty days of the Transfer Date of any and all information and documentation related to the Fats, Oil and Grease (FOG) Program currently mandated in the Waste Discharge Requirements (WDR). This provision of information, however, shall not relieve the City of compliance obligations under this Agreement, as discussed below. 6.5. The City hereby represents that it has provided the District with access to any and will provide permanent copies within thirty days of the Transfer Date any and all information, correspondence, permits and/or orders related to industrial waste discharge for the period 005?1A21 to the present. 6.6. The City hereby represents that this Agreement pertains to the Sewer Collection Facilities only, which is a portion of the sanitary sewer system that serves the City of Yorba Linda, and that the Agreement does not pertain to storm drains. 6.7. The City hereby represents that it holds in good standing and is currently in compliance with all permits and licenses necessary to operate the Sewer Collection Facilities and has not violated any applicable laws, rules or regulations in connection with its operation of the Sewer Collection Facilities. 6.8. The City hereby represents that it is currently aware of no claim or threat of litigation against the City or its assets in connection with the construction, operation or maintenance of the Sewer Collection Facilities, nor has the City been notified of any investigation or inquiry by any governmental agency or authority into the operation of the Sewer Collection Facilities. 6.9. The City hereby represents that no third party holds a security interest or encumbrance in the Sewer Collection Facilities, the Easements, or any funds that will be provided to the District pursuant to this Agreement. 6.10. The City hereby represents that it holds clear title to all real property interests identified in paragraph 3.2. 6.11. The City hereby represents that all approvals, consents, licenses, permits, waivers or other authorizations issued, granted, given, applied for at the time of the Transfer Date or otherwise made available by or under the authority of any Governmental Authority (other than the City) for the ownership or operation of the Sewer Collection Facility identified in paragraph 3.3. 6.12. The City hereby represents that all inventory items it currently utilizes for the maintenance, repair, replacement and/or rehabilitation of the Sewer Collection Facilities are accounted for and will be transferred to the District within thirty days of the Transfer Date. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 5 i 7.0. SEWER FUND AND INCOME. The City agrees to remit to the District any and all unexpended sewer related funds paid directly by the residents or collected from the property tax billings for sewer maintenance charges through to the Transfer Date. Effective as of the Transfer Date, if the City continues to derive income from the property tax billings for the sewer maintenance charge placed on the County of Orange tax roll for the sewer customers served by the City for FY 2010/11, the City agrees to remit to the District, any and all subject sewer related income previously described within 45 days of receipt of the funds from the County. 8.0. GREENCREST LIFT STATION REPLACEMENT. Notwithstanding any other provision in this Agreement, the Parties mutually agree that the sewer lift station located on Greencrest Drive, which provides service to seven residential homes, requires replacement at this time. The City agrees to provide the funding for the replacement of the lift station. Said funding may be included in and provided by the remittance identified in Section 7.0, providing said remittance is sufficient to fund the project, which is currently estimated at $175,000. The District agrees to coordinate the replacement effort, including soliciting engineering estimates, preparing bid documents, soliciting bids, and awarding a contract for replacement, commencing in the first fiscal year following the Sewer Facilities Tranfer. 9.0. WASTEWATER RATE STUDY. The City agrees to authorize the consulting firm of PBSJ to provide District with any and all information, including working documents, calculations and analysis, the District may deem necessary to assess and evaluate the City of Yorba Linda Wastewater Rate Study prepared by PBSJ, dated April, 2010 and adopted by the City on July 20, 2010. 10.0. 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 representative shall be selected by the District's Board of Directors. 11.0. REGULATORY AND JURISDICTIONAL AGENCY SUPPORT. The City agrees to support and provide assistance where applicable, to the District, in the event permits, approvals or other documentation are required from regulatory or jurisdictional agencies (e.g. Regional Water Quality Control Board or Local Agency Formation Commission) for the transfer of the Sewer Collection Facilities to be finalized. The District, at its own expense, shall be the lead agency and shall secure the necessary permits or approvals required from regulatory or jurisdictional agencies for the transfer of the Sewer Collection Facilities. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 6 12.0. REIMBURSEMENT BY CITY FOR RELOCATION. The City acknowledges that most of the Sewer Collection Facilities are located in the public right of way. In the event City requires District to relocate any portion of the Sewer Collection Facilities transferred by this Agreement after the Transfer Date, the City agrees to pay, in advance of commencement of construction, all costs incurred by the District for such relocation, including design and engineering fees, material costs and construction cost except as noted in Section 13.0. 13.0. AJUSTMENT OF WATER VALVE AND SEWER MANHOLE COVERS. The District agrees to adjust water valve and sewer manhole covers to grade at their cost for all water valve and sewer manhole covers within City right-of-way or City easements upon written request of the City. When the adjustments are related to a City construction project, the City shall submit the unit costs for such work to the District. The District shall approve or disapprove the unit costs within 10 working days. If the unit costs are approved, the District shall authorize the City to perform the work and reimburse the City for the cost of such services. If the District does not approve the unit costs, the District shall perform the work itself in coordination with the City's construction contractor. When the adjustment request is not related to an ongoing City construction project, the adjustments shall be completed by the District within 15 working days. 14.0. COORDINATION OF DISTRICT AND CITY PROJECTS. The District and City shall meet as required to coordinate proposed projects to minimize disruption to the public and to avoid destruction of newly placed improvements. District and City staff shall meet to review and discuss their seven year Capital Improvement Programs and to plan projects accordingly. 15.0. TRANSFER OF SUPLUS PROPERTY Subject to the terms and conditions of this Agreement, the District hereby transfers and assigns to the City, and City accepts, all of the District's right, title and interest in and to the asset known as the "Brush Canyon Chlorination Building", located on the east side of Brush Canyon Park. Brush Canyon Chlorination Building encompasses Parcel 1 on Exhibit "B" hereto and will be declared surplus and transferred to the City within six (6) months of the Transfer Date. 16.0. LIMITED ASSUMPTION OF LIABILITIES. The District shall assume the following listed liabilities for the ongoing operation of the Sewer Collection Facilities. 16.1. All accounts payable first. accruing from and after the Transfer Date. The City shall retain all responsibility for collection and recovery of accounts payable accruing prior to the Transfer Date. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 7 16.2. All performance obligations, including payment, under the following contracts between the City and third parties related to the Sewer Collection Facilities. The City assumes all responsibility for obtaining written assignment or transfer of these contracts, as may be required. 17.0. INDEMNIFICATION. 17.1. Except as specifically identified and assumed in this Agreement, the District shall not assume any liabilities or potential liabilities of the City, known or unknown, that existed as of the Transfer Date relating to contracts, claims, lawsuits, debts, permits, fines, penalties, interest, treatment charges, or other costs related to the Sewer Collection Facilities. City shall indemnify, hold harmless and defend the District at the City's own cost, expense and risk, against any and all claims, suits, actions or other legal proceedings of every kind that may be brought or instituted against District or any of its directors, officers, employees, agents, representatives, successors and/or assigns relating to the Sewer Collection Facilities during any period of time prior to the Transfer Date, irrespective of when the claim, suit, action or other legal proceeding was or is initiated. City shall pay and satisfy any judgment, award or decree that may be rendered against District or any of its directors, officers, employees, agents, representatives, successors and assigns or authorized volunteers, in any and all such aforesaid suits, actions, or other legal proceedings. 17.2. The District shall indemnify, hold harmless and defend the City at the District's own cost, expense and risk, against any and all claims, suits, actions or other legal proceedings of every kind that may be brought or instituted against City or any of its Council, officers, employees, agents, representatives, successors and/or assigns arising out of or relating to the obligations expressly assumed in this agreement to District's performance of its duties, as established herein, and/or relating to the Sewer Collection Facilities after the Transfer Date. 18.0. FEES AND COSTS. 18.1. Each Party shall bear its own fees, costs or expenses, including attorney's fees and consultant fees, incurred in connection with the preparation, negotiation, finalization, approval or documentation of this Agreement and the related documents and transactions contemplated herein, regardless of when incurred. 18.2. In the event of any action arising out of, or in connection with, enforcement of this Agreement, the prevailing Party shall be entitled to have and recover, in addition to damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's fees. 19.0. NOTICES. Unless otherwise expressly stated in this Agreement, all notices, requests and other communications under this Agreement shall be in writing and shall be delivered (i) in person, (ii) by registered or certified mail, return receipt PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 8 i requested, (iii) by recognized overnight delivery service providing positive tracking of items (for example, Federal Express), or (iv) by facsimile or other electronic transmission if a copy is sent simultaneously by a method described in clause (i), (ii) or (iii), addressed as hereinafter provided or at such other address of which the City or the District shall have given notice as provided in this Section. All such notices, requests and other communications shall be deemed to have been sufficiently given for all purposes hereof only upon receipt by the party to whom such notice is sent. Notices by the parties may be given on their behalf by their respective attorneys. Notices should be provided in accordance with this Section at the following addresses: I District: General Manager Yorba Linda Water District P.O. Box 309 Yorba Linda, California 92885-0309 City: City Manager City of Yorba Linda PO Box 87014 Yorba Linda CA, 92885-8714 20.0. SEVERABILITY. If one or more provisions of this Agreement shall be held invalid, illegal or unenforceable, such provision shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as to most nearly retain the intent of the parties, and if such modification is not possible, such provision shall be severed from this Agreement. In either case, the balance of this Agreement shall be interpreted as if such provision were so modified or excluded, as the case may be, and shall be enforceable in accordance with its terms. 21.0. ENTIRE AGREEMENT. This Agreement, together with the Exhibits, contemplated hereby, embodies the entire understanding and agreement of the City and the District with respect to the subject matter of this Agreement and merges and supersedes all prior representations, agreements, and understandings, whether oral or written, between the City and the District with respect to the subject matter hereof, including, without limitation, any and all written or oral statement or representations by any official, employee, agent, attorney, consultant, or independent contractor of the City or the District. 22.0. COUNTERPARTS. This Agreement may be executed in two or more counterparts, including by means of faxed signature pages, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. PUBLIC SEWER TRANSFER AGREEMENT City of Yorba Linda Yorba Linda Water District Page 9 i IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year written above. District: City: Yorba Linda Water District City of Yorba Linda r By By: c ael J. Bev Nancy Rik President of the and of Directors Mayor, City of Yorba Linda ATTEST ATTEST: Kenneth Vecchiarelli Marcia Brown, City Clerk Secretary of the Board of Directors City of Yorba Linda APPROVED AS TO FORM: APPROVED AS TO FORM: By:/ By: Arthur G. Kidman, General Counsel Todd Litfi , City Attorney McCormick, Kidman and Behrens, LLP City of Yorba Linda Attachments: Exhibit A: Sewer Collection Facilities Exhibit B: Brush Canyon Chlorinator Pl-i[:jL.IC SI:Wt~al fl~A,NSi~I_~I~ A{~}~f?IiMfiNE City of Yorba Lurda Yorba Linda Water District Page 10 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 RESOLUTION NO. 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 d.0 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; NOW, THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby resolve as follows: Resolution No. 11-XX Requesting a Seat on the Board of Directors of the Orange County Sanitation District 1 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 day of December 2011 by the following roll call vote: AYES- NOES: ABSTAIN: ABSENT: President so Yorba Linda Water District ATTEST: Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Arthur G. Kidman Kidman, Behrens & Tague, LLP Resolution No. 11-XX Requesting a Seat on the Board of Directors of the Orange County Sanitation District 2 ITEM NO. 2.2 AGENDA REPORT Meeting Date: November 30, 2011 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Reorganization of the Board of Directors for Calendar Year 2012 SUMMARY: Pursuant to the Board of Directors' Rules for Organization and Procedure (Resolution No. 11-15), a President and Vice President of the Board shall be elected annually at the first regular meeting of the Board in December of every year. In addition to the selection of the President and Vice President, the Board is required to appoint the Municipal Corporation Officers of Secretary, Assistant Secretary and Auditor. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors nominate and elect a President and Vice President and appoint staff to serve as the Secretary, Assistant Secretary and Auditor. DISCUSSION: The powers and duties of the President are described in Section 30578 of the California Water Code and the Board of Directors' Rules for Organization and Procedure. The President's duties prescribed by state law are: . Sign all contracts on behalf of the District. . Perform other duties imposed by the Board. The President's duties prescribed by the Rules for Organization and Procedure are: . Assume the chair of the Presiding Officer immediately after election. . Make Committee assignments, subject to consent of the Board, annually at the first Board of Directors to be held in January of the subsequent year. . Conduct the proceedings of the Board. . Sign all ordinances, resolutions and contract documents approved and adopted by the Board. The Vice President will serve as the Presiding Officer in the absence of the President. In addition to the selection of the President and Vice President, the Board is required to appoint the Municipal Corporation Officers of Secretary, Assistant Secretary and Auditor. The duties of these Officers are prescribed by the Water Code and the Rules for Organization and Procedure. The Secretary, or Assistant Secretary in the absence of the Secretary, attests all ordinances and resolutions approved and adopted by the Board, countersigns all contract documents approved and adopted by the Board, prepares the minutes of each meeting held by the Board, and performs all duties prescribed by Section 30000 et seq. of the California Water Code, the Rules for Organization and Procedure, and as imposed by the Board. The Auditor also performs all duties prescribed by Section 30000 et seq. of the California Water Code, the Rules for Organization and Procedure, and as imposed by the Board. A member of the Board can not serve as the General Manager, Secretary, Assistant Secretary or Auditor. However, the same person can be appointed as General Manager and Secretary or Secretary and Auditor. The General Manager can not serve as the Auditor. There is no additional compensation for serving as Secretary, Assistant Secretary or Auditor if the individual is an employee of the District. The Board is allowed to set compensation for appointed individuals who are not employees of the District. PRIOR RELEVANT BOARD ACTION(S): On December 9, 2010, the Board of Directors elected Michael J. Beverage as President and Phil Hawkins as Vice President of the Board of Directors. In addition, the Board appointed the following as Corporate Officers: Ken Vecchiarelli Secretary Pat Grady Assistant Secretary Stephen Parker Auditor ITEM NO. 2.3 AGENDA REPORT Meeting Date: November 30, 2011 Budgeted: Yes Total Budget: $90,000 To: Executive-Administrative- Organizational Committee Funding Source: Water Operating Fund From: Ken Vecchiarelli, General Account No: 1-1010-0440-00 Manager Presented By: Ken Vecchiarelli, General Dept: Board of Directors Manager Reviewed by Legal: N/A Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: Board of Directors Compensation SUMMARY: The Water Code, Section 20202, permits water districts to increase the compensation amount for Board member meeting attendance each calendar year. STAFF RECOMMENDATION: That the Committee consider the Board of Directors' compensation. DISCUSSION: The level of compensation for attendance at Board and Committee meetings is currently $150 per day, limited to 10 days per month, pursuant to Water Code Section 20202. Section 20202 allows for an increase in compensation of up to five percent for each year following the date of the last adjustment. As the last adjustment was made in 2001, the Board of Directors is eligible for an increase in compensation up to $242 per day, with a maximum of 10 days per month. Attached is a matrix of the current Board of Directors/City Council meeting attendance daily compensation rates. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors last increased their meeting compensation rate in 2001, and prior to that, in 1991. ATTACHMENTS: Name: Description: 1 ype: BOD_Compensation _Comparision_Matrix.xlsx Compensation Comparison Matrix Backup Material Agency Compensation Comparision Agency Daily /Per Mtg Max. Mtgs. Month Compensation Mesa Consolidated WD $207 /mtg 10 Walnut Valley WD $150 /day 6 South Coast WD $190 /mtg 10 Irvine Ranch WD $237 /mtg 10 Santa Margarita WD $210 10 City of Yorba Linda N/A N/A City of Placentia $150 /mtg 10 OC Fire Authority $100 /mtg 3 Vector Control Board $100 /mtg 1 Transportation Corridor JPA $120 /mtg 6 Comments $500 /mo Salary Meeting Date: Subject: ATTACHMENTS: AGENDA REPORT November 30, 2011 Status of Strategic Plan Initiatives ITEM NO. 3.1 Name: Description: Type: Strategic Plan Tracking- EAO.pdf Strategic Plan Initiatives- November 2011 Backup Material Strategic Plan Initiatives Status Report Executive - Administrative - Organizational Committee Strategies Start Date Completion Lead Party Nov 2011 Progress Date CP 1: Increase Brand Reco nition within the Communit Have Board of Directors and YLWD Attendance at ACWA JPIA Fall Staff Attend More Immediately BOD /GM /PIO/ Conference, MWDOC Elected CP 1 -C Local and Regional following Nov- On -going Staff Officials Forum, AB 1234 Events and Inter- 2010 election Training governmental Meetings CP 2: Increase Public Awareness of Water and Wastewater Related Issues Provide Financial (3) Customers received rebates CP 2 -A Incentives and Jul -11 On -going BOD /GM /PIO for SmarTimers. MWDOC Turf Rebates for Water Use Removal Program & Synthetic Efficiency Turf Program tabled. Consider Participation in the California Reviewing Requirements for CP 2 -C Urban Water Sep -11 Dec -11 GM Participation. Tentative report Conservation to Committee in Nov. /Dec. Council's Best 2011 Management Practices Enhance the District's CP 2 -D Regional Water and On -going On -going BOD /GM /Staff Oliveheim WD tour, Walnut Wastewater Industry Valley WD tour Participation WE 1: Retain a Highly Skilled and Capable Workforce 2 ACWA -JPIA Professional Development Classes held at Encourage Staff YLWD. Attended MWDOC Participation in Managers Meeting , WE 1 -F Professional On -going On -going General Manager Groundwater Producers Organizations and Meeting, Public Affairs Meeting Local Civic Groups & Water Use Efficiency Meeting. Attended quarterly OC Water Operations Managers Association meeting. WE 3: Enhance Em to ee Relations Implement a Program Employee of the Month criteria WE 3 -A to Recognize Employees for Jul -11 Sep -11 EPIC Committee in discussion & Quotes for Excellence Plaques received. WE 3 -13 Conduct Quarterly All- Jul -11 Quarterly General Manager To be scheduled Hands Meetings Continue to WE 3 -C Encourage Employee On -going On -going General Manager (2) employees attended a Board Training in Leadership meetings as part of the PDP. and Technology SR 2: Ex lore Service Boundary Opport unities Evaluate Feasibility of SR 2 -A Providing Additional Jul -11 Jun -12 General Manager On -going Water Services with the Region Evaluate Feasibility of SR 2 -13 Providing Additional Jul -11 Jun -12 General Manager On -going Wastewater Services with the Region Evaluate Feasibility of SR 2 -C Providing Other Jul -11 Jun -12 General Manager On -going Professional Services with the Region SR 1: Work Toward Service ReliabilitV and Efficienc Continue with Efforts SR 1 -A to Annex District On -going On -going General Manager On -going Service Area to Orange County Water District Engage with Regional Attended MWDOC Water Use SR 1 -C Agencies on Water On -going On -going General Manager Efficiency/ Public Affairs Joint Supply Issues Meeting. Strengthen Existing Emergency Update of Emergency Response SR 1 -D Emergency Operations On -going On -going Operations Plan in process & will be Partnerships Coordinator / GM presented to other participating agencies for feedback FR 3: IdentifV and Develop Additional Revenue Options Research and Obtain On -going assessment through FR 3 -A Grant Funding On -going On -going General Manager Townsend Public Affairs Whenever Feasible OE 2: Address Inefficiencies Identified in the Self- Assessment Survey OE 2 -A Identify Core Jul -11 Jun -12 EPIC Committee Discussion Item for Dec. 2011 Inefficiencies meeting. OE 2 -13 Develop Measurable Aug -11 Jun -12 EPIC Committee Discussion Item for Dec. 2011 Productivity Goals meeting. Engage Employees in Discussion Item for Dec. 2011 OE 2 -C Methods of Addressing Sep -11 Jun -12 EPIC Committee Inefficiencies meeting. OE 3: Consider Utilization of a Peer Review Surve Determine the Cost Working with EPIC Committee. OE 3 -A Benefit Ratio of a Peer Jul -11 Sep -11 Management Expect to complete in Dec. Analyst Review Survey 2012 Establish a Team to Discussion Item for Jan. 2012 OE 3 -13 Determine the Focus Sep -11 Oct -11 EPIC Committee of the Survey meeting. Institute Guidelines On schedule to be completed in OE 3 -C for Areas to Be Sep -11 Dec -11 EPIC Committee Addressed February 2012