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HomeMy WebLinkAbout2013-11-22 - Executive-Administrative-Organizational Committee Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADM IN -ORGAN IZATIO NAL COMMITTEE MEETING Friday, November 22, 2013, 12:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE STAFF Director Gary T. Melton, Chair Steve Conklin, Acting General Manager Director Robert R. Kiley Damon Micalizzi, Public Information Officer 3. 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. 4. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 4.1. Reorganization of the Board of Directors and Appointment of Officers for Calendar Year 2014 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 Treasurer. 4.2. Request to Support a Floor Nomination of Kathleen J. Tiegs for the Office of Vice President in the Upcoming ACWA Election of Officers Recommendation. That the Committee consider this matter and provide a recommendation to the Board of Directors. 4.3. Amendment to ISDOC Bylaws Recommendation. That the Committee consider the proposed amendments to the ISDOC Bylaws and provide a recommendation to the Board of Directors. 4.4. Agency Report of Public Official Appointments (Form 806) Recommendation. That the Committee consider this matter and provide a recommendation to the Board of Directors. 4.5. YLWD /City of Placentia Joint Agency Demonstration Project Recommendation. That the Committee consider providing recommendations to the Board concerning proceeding with and funding of the Joint Agency Demonstration Project. 5. 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. 5.1. Status of Legislative Affairs (Verbal Report) 5.2. Status of OCWD Annexation Project (Verbal Report) 5.3. Status of Sage and Esperanza Hills Development Projects (Verbal Report) 5.4. Status of Plumosa Property Sale (Verbal Report) 5.5. Status of Wildfire Loss Mitigation at District Facilities (Verbal Report) 5.6. Board of Director Non - Member Attendance at Committee Meetings 5.7. Future Agenda Items and Staff Tasks 6. CLOSED SESSION The Committee may hold a closed session on items related to personnel, labor relations and /or litigation. The public is excused during these discussions. 6.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA /JPIA, et al. vs. Insurance Company of the State of Pennsylvania, et al. (OC Superior Court - Case No. 00486884) 6.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013 - 80001529) 6.3. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 6.4. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One 7. ADJOURNMENT 7.1. The next Executive - Administrative - Organizational Committee meeting is scheduled to be held Tuesday, December 17, 2013 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. AGENDA REPORT Meeting Date: November 22, 2013 ITEM NO. 4.1 To: Executive-Administrative- Organizational Committee From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Dept: Administration Manager Prepared By: Annie Alexander, Executive Secretary Subject: Reorganization of the Board of Directors and Appointment of Officers for Calendar Year 2014 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 Treasurer. 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 Treasurer. 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 before the first meeting of the Board of Directors 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 Treasurer. 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 Treasurer 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 Treasurer. However, the same person can be appointed as General Manager and Secretary or Secretary and Treasurer. The General Manager can not serve as the Treasurer. There is no additional compensation for serving as Secretary, Assistant Secretary or Treasurer 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. AGENDA REPORT Meeting Date: November 22, 2013 ITEM NO. 4.2 To: Executive-Administrative- Organizational Committee From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Annie Alexander, Executive Secretary Subject: Request to Support a Floor Nomination of Kathleen J. Tiegs for the Office of Vice President in the Upcoming ACWA Election of Officers STAFF RECOMMENDATION: That the Committee consider this matter and provide a recommendation to the Board of Directors. DISCUSSION: The District has received a request to support a floor nomination of Kathleen J. Tiegs for the office of Vice President in the upcoming ACWA Election of Officers to be held at the general session of the ACWA Fall Conference in Los Angeles on December 4, 2013. A slate of candidates has already been presented by the ACWA Nominating Committee and consists of current Vice President John Coleman for President, and current Region 10 Vice Chair Peer Swan for Vice President. Nominations from the floor will be accepted prior to the election, however, a resolution from the agency's Board of Directors in support of the nomination of the candidate must be on file at ACWA's offices prior to the conference (preferred) or presented on site. Director Kiley has been designated by the Board as the District's voting delegate for the election as he will be in attendance at the meeting. Procedures for submitting a nomination from the floor are also attached. ATTACHMENTS: dme: Request for Floor Nomination for ACWA VP.pdf Explanation of ACWA Election Procedures.pdf Description: Backup Material Backup Material Type: Backup Material Backup Material ��Cucamonga Valley Water District Martin E. Zvirbulis Secretary / General Manager /CEO November 7, 2013 Dear ACWA Member: 10440 Ashford Street, Rancho Cucamonga, CA 91730 -2799 P.O. Box 638, Rancho Cucamonga, CA 91729 -0638 (909) 987 -2591 Fax (909) 476 -8032 RECEIVED YORSAL.NoAV TEPC1S"RC� Over the past year I have travelled across the state meeting with many of you and about my desire to seek the office of Vice - President for the Association of California Water Agencies (ACWA). I received many resolutions of support from members throughout the state. Though I was not selected by the nominating committee, I still have the drive to serve ACWA during this critical period for California's water future. Since the nominating committee released their proposed slate, I have been contacted by a number of supporters who are still motivated by my style of leadership and who have strongly recommended I consider running from the floor at the ACWA Fall Conference. I have given careful consideration to the ramifications a floor nomination would have on our ACWA organization, and based upon the current needs of the organization, I have decided to proceed with a nomination from the floor for ACWA Vice - President. I am asking that you help my candidacy bypassing a resolution of support and voting for me at the upcoming ACWA Conference on December 4, 2013. Our organization is at a critical crossroads with regard to the future of California water. The policy issues that ACWA's membership must grapple with over the next few years require someone who can lead a statewide organization with many diverse interests toward a common goal. Our organization needs motivated individuals, like myself, who are willing to set aside parochial interests in order to identify and achieve a vision and mission that is larger than any one individual or agency. We may experience conflict and challenges with meeting our objectives, but this type of dialogue is a healthy and productive way to resolve issues and find common ground between diverse interests. I have found that whether you represent agriculture or urban interests, north or south, groundwater or surface water agencies, we all have one thing in common: to provide a reliable and sustainable water supply to our customers, and do so as cost - effectively as possible. Our future challenges require strong and enterprising leadership. One of my greatest attributes is being able to bridge the gap between varied interests and perspectives. We must find common ties between members to develop a long- term strategy that provides a sustainable water future and builds upon the tremendous work of those who have come before us. As ACWA Vice - President, I am committed to continuing to advance the principles of the 2013 Statewide Water Action Plan, which was developed and endorsed by the ACWA Board of Directors. In closing I want to express my thanks for your consideration support. I would be more than happy to discuss my views and vision for ACWA, at your convenience, please contact me at 909.635.4177. Respectfully, Kathleen J. Tiegs Oscar Gonzalez James V. Curatalo, Jr. Luis Cetina Randall James Reed Kathleen J. Tiegs President Vice President Director Director Director The following information is provided to inform the ACWA member agency delegates attending the 2013 Fall Conference of the procedures to be used pertaining to the nomination and election of ACWA officers during the General Session Membership Meeting. PROXY CARDS — (REQUIRED FOR VOTING) ACWA will issue each member agency present one proxy for voting purposes based on the designated voting representative identified by the member agency. In order to vote during the General Session Membership Meeting, the designated voting representative will be required to register and sign as the proxy holder by 12:30 p.m. on Wednesday, December 4. Upon registration and sign -in, the voting delegate will receive the required proxy cards. Proxy cards will only be available for pick -up on Wednesday, December 4, between 9:00 a.m. and 12:30 p.m. at the ACWA Election Desk in the Diamond Ballroom Foyer area, outside of the Diamond Ballroom Salon 4 & 5 where the luncheon and General Session Membership Meeting will be held. GENERAL SESSION MEMBERSHIP MEETING (DOORS WILL OPEN AT 1:00 P.M.) 1. The General Session Membership Meeting will be called to order at 1:15 p.m. and a quorum will be determined. The bylaws require the presence of 50 members to establish a quorum. 2. Legal Affairs Committee Chair Scott Shapiro will provide an overview of the agenda and election procedures. 3. Nominating Committee Chair Paul Kelley will present the committee's report and announce the candidate for ACWA President. 4. President Randy Record will call for floor nominations for ACWA President. 5. If there are no floor nominations, the election will proceed. Following a motion and second to elect the candidate, delegates will hold up their proxy cards to indicate their "Yes" or "No" vote. 6. If there are floor nominations, the nomination shall follow the procedures established by Article 9 of ACWA's Bylaws, stating floor nominations and seconds must be supported by a resolution of the governing body of the member making and seconding such nomination. a. Ballots will be distributed to the voting delegates. b. Delegates will complete their ballots and place them in the ballot box, which will be centrally located in the Diamond Ballroom Salon 4 & 5 meeting room. c. Tellers will count the ballots. President Record has appointed the following staff members to serve as tellers: Clerk of the Board Donna Pangborn, Director of Member Services Paula Currie, and Regional Affairs Representative Marcia Wulff. d. Legal Affairs Committee Chair Scott Shapiro will serve as the proctor to oversee the ballot counting process. e. Candidates are welcome to designate an observer to be present during the ballot counting process. f. Results of the ballot count will be announced. Election of ACWA's officers shall be determined by a majority of the members present and voting. If any one candidate does not receive a majority of the vote, successive ballot counts will be conducted until a candidate is elected, consistent with Robert's Rules of Order. 7. Nominating Committee Chair Paul Kelley will announce the candidate for ACWA Vice President. 8. President Randy Record will call for floor nominations for ACWA Vice President. 9. If there are no floor nominations, the election will proceed. Following a motion and second to elect the candidate, delegates will hold up their proxy cards to indicate their "Yes" or "No" vote. 10. If there are floor nominations, the nominations shall follow the procedures described in item 6 above, and the election will proceed according to the steps outlined in 6.a. through 6.f. ITEM NO. 4.3 AGENDA REPORT Meeting Date: November 22, 2013 To: Executive-Administrative- Organizational Committee From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Annie Alexander, Executive Secretary Subject: Amendment to ISDOC Bylaws STAFF RECOMMENDATION: That the Committee consider the proposed amendments to the ISDOC Bylaws and provide a recommendation to the Board of Directors. DISCUSSION: The Bylaws of the Independent Special Districts of Orange County ( ISDOC) were last amended and ratified by the membership in January 2002. Since then changes in state law, expanded membership, and other governance - related matters have prompted the ISDOC Executive Committee to review the Bylaws and develop amendments that would address these issues. The proposed amendments have been through multiple rounds of review and comment by the ISDOC member Districts and culminated in an affirmative vote of ISDOC's Executive Committee to approve the additional Bylaw amendments and bring them to the membership for vote. Regular members may submit their vote vial mail or e -mail following the instructions on the attached ballot. Completed ballots must be received by 5:00 p.m. on Monday, December 9, 2013 in order to be counted. ATTACHMENTS: Description: Type: 11-08 - Backup Material Backup Material 13 ISDOC Bylaw Amendments Cover Letter.pdf 11 -08 -13 ISDOC Bylaw Amendments.0 Backup Material Backup Material 11 -08 -13 ISDOC Bylaw Amendments Ballot.pdf Backup Material Backup Material I S E� November 8, 2013 Independent Special Districts of Orange County Name Mailinq Address District P.O. Box 20895 Street Address Fountain Valley, CA 92728 City, State, Zip Code Meetinq Location RE: Vote of the Member Districts on the Amended ISDOC Bylaws MWDOC /OCWD 18700 Ward Street Dear member districts, Fountain Valley, CA 92708 (714) 963 -3058 Over the past year, the Independent Special Districts of Orange County ( ISDOC) (714) 964 -5930 fax Executive Committee has been working to update the ISDOC Bylaws to bring them www.mwdoc.com /isdoc into compliance with recent changes in state law, advancements in communication technology, and other governance - related matters, as well as address recurring Executive Committee questions regarding election and voting procedures. Months of Executive Committee discussions and multiple rounds of review and comment by the ISDOC President Hon. Rich Freschi member Districts culminated in an affirmative vote of the Executive Committee on Serrano water District November 5th to approve the additional Bylaw amendments and distribute the 1st Vice President amended Bylaws to the membership for vote. Hon. Bob Moore South Coast water District At this time, ISDOC is conducting a vote of the regular special district members on 2nd Vice President the amended ISDOC Bylaws. (Please note: the Bylaws of the Special Districts Hon. Mike Scheafer Selection Committee are separate and are not being amended or voted Upon.) This Costa Mesa Sanitary District letter serves as the official notice of the election. 3rd Vice President Hon. Saundra Jacobs Regular members may submit their vote via mail or email to Jessica OUwerkerk per Santa Margarita Water District y p the instructions on the enclosed Ballot. (There will be no in- person voting, as the Secretary Hon. Leslie Keane next Quarterly Lunch Meeting will not take place until January 30, 2014.) Orange County Cemetery District Completed ballots must be received by 5:00 p.m. on Monday, December 9t" in Treasurer order to be counted. Hon. Joan C. Finnegan Municipal Water District of If you have any questions or wish to discuss anything further, please contact me or Orange County Jessica Ouwerkerk (MWDOC) at (714) 593 -5029 or jouwerkerk2mwdoc.com. Sincerely, Staff Administration Jessica H. aterDi Ouwerkerk Municipal Water District of Orange (�J County Robert Ennis Orange County Water District Rich Freschi President Independent Special Districts of Orange County Enclosed: 1) Ballot for Approval of the Amended ISDOC Bylaws 2) Revised Bylaws Proposed for Amendment on Dec. 10, 2013 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY AMENDED AND RESTATED BYLAWS Adopted January 31, 2002 Proposed for Amendment on December 10, 2013 1 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY BYLAWS ARTICLE I GENERAL SECTION I. NAME The name of the organization shall be INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY, herein referred to as the Organization. SECTION II. PURPOSE The purpose of the Organization is to advance the interests of Orange County special districts through its advocacy of sound public policy, its facilitation of educational opportunities to enhance special district governance and the services provided, and its collaboration with others to elevate awareness of the role special districts play as the form of government closest and most directly accountable to the people. The purpose of the Organization shall not include any duties or responsibilities held by the Orange County Special Districts Selection Committee, which is a separate and unrelated entity from the Organization. Furthermore, these Bylaws shall have no effect on, and are independent and distinct from, the Bylaws of the Orange County Special District Selection Committee. SECTION III. ADMINISTRATIVE OFFICE The administrative office for the transaction of the business of the Organization is located at the Municipal Water District of Orange County. The Board of Directors is granted full power and authority to change the administrative office from one location to any place within the County of Orange, State of California, and such change shall not be considered an amendment of these bylaws. ARTICLE II MEMBERSHIP SECTION I. QUALIFICATION FOR MEMBERSHIP There shall be two categories of membership in the Organization: A. REGULAR MEMBERS: Shall be INDEPENDENT SPECIAL DISTRICTS that are public agencies within the County of Orange, State of California, for the local performance of governmental proprietary functions within limited boundaries, governed by a publicly elected Board of Directors or those officials appointed, in whole or in part, by another governmental body. Independent Special Districts do not include the State, the county, cities, or school districts. Independent Special Districts shall be further defined in accordance with California Government Code Section 56044: "Independent district" or "independent special district" includes any special district having a legislative body all of whose members are elected by registered voters or landowners within the district, or whose members are appointed to fixed terms, and excludes any special district having a legislative body consisting, in whole or in part, of ex officio members who are officers of a county or another local agency or who are appointees of those officers other than those who are appointed to fixed terms. "Independent special district" does not include any district excluded from the definition of district contained in Sections 56036 and 56036.6. B. ASSOCIATE MEMBERS: Shall be those persons, organizations, or governmental entities that have evidenced interest in the purposes and goals of the Organization, but are not Independent Special Districts. Officers or members of an Independent Special District are ineligible to be an Associate Member. C. APPROVAL OF MEMBERSHIP: The Executive Committee shall review and approve all applications for membership, provided that the applicant meets the established membership criteria. SECTION II. VOTING RIGHTS Each Regular Member district, in good standing, shall be entitled to one vote on all matters brought before the membership for a vote. The presiding officer of the governing body of each Regular Member district shall be recognized by the Organization as the voting representative for his /her district. Each district shall designate in writing and submit to the Organization's Secretary one alternate governing board member who shall have the right to vote in the absence of the presiding officer. The Executive Committee may, at its discretion, authorize the voting upon any issue by written ballot which shall be sent via U.S. mail and email to each Regular Member district. Such authorization shall specify the time, date and method by which the completed written ballots must be received by the Organization. A majority vote of all members present at a meeting or of all written ballots received by the submission deadline shall be necessary to carry any matter voted upon. Associate Members shall not have the right to vote on any matter before the Organization. SECTION III. ANNUAL DUES Annual dues shall be due and payable on or before the first day of January of each year. New members shall pay their annual dues at the time they are approved for membership in the Organization. New member dues for the initial year shall not be pro- rated. The dues of the Organization shall be reviewed and set by the Executive Committee for Regular Members and Associate Members. Associate Member dues need not be the same as dues for Regular Members. A minimum of two months' notice of changes in dues will be provided to the membership. No assessments, other than annual dues, shall be levied on the members of the association without an affirmative majority vote of the membership. SECTION IV. TERMINATION OF MEMBERSHIP Any member in arrears in the payment of dues for a period of thirty (30) days after said dues are due and payable shall be notified in writing by the Treasurer of such arrearage, and, if such dues shall continue unpaid for a period of another thirty (30) days, such member shall automatically cease to be a member of the Organization. Any member that voluntarily terminates membership in the Organization shall not be eligible for a refund of membership dues or other assessment already paid to the Organization. SECTION V. REINSTATEMENT OF MEMBERSHIP Regular and Associate memberships that were previously terminated may be reinstated after the Executive Committee receives a written petition for reinstatement and payment of the petitioners annual membership dues and other assessments for the current calendar year have been received by the Organization. ARTICLE III BOARD OF DIRECTORS SECTION I. NUMBER AND TERM OF OFFICE H A. The Board of Directors shall consist of the presiding officer from each Regular Member district, in good standing. If the presiding officer is not present, then that district's alternate representative shall act in his /her stead. B. The members of the Board of Directors shall serve until replaced by another governing board member as the presiding officer of his /her district. Any vacancy on the Board of Directors shall be filled by the new presiding officer of the District from which the vacancy occurred. SECTION II. DUTIES OF THE BOARD OF DIRECTORS A. The Board of Directors shall set policy for the Organization. B. The Board of Directors shall elect, at its final meeting in even years, a President, a First Vice President, a Second Vice President, a Third Vice President, a Secretary, and a Treasurer. These officers, along with the Immediate Past President, shall be designated as the Executive Committee, whose duty shall be to assist the Board of Directors in setting policy, and conducting the business of the Organization. C. The Executive Committee shall be responsible for implementing the policies established by the Board of Directors as approved at a General Membership Meeting or a Special Meeting of the membership. D. The members of the Executive Committee shall be elected for a two -year term. SECTION III. OFFICERS AND DUTIES A. PRESIDENT The President shall be the chief executive officer of the Organization. The President shall preside at all meetings of the Board of Directors, the Executive Committee and the general membership. The President shall appoint all committees. The President shall represent the Organization as its official spokesperson and he /she shall also have the authority to delegate such responsibility, with approval of the Executive Committee. The President shall be an ex- officio member of all Committees. B. FIRST VICE PRESIDENT The First Vice President, in the absence or disability of the President, shall perform all the duties of the President, and when so acting, he /she shall have the powers of and be subject to all the restrictions upon the President. The First Vice President shall be the Chair of the Program Committee. C. SECOND VICE PRESIDENT The Second Vice President, in the absence or disability of the President and First Vice President, shall perform all the duties of the President and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Second Vice President shall be Chair of the Membership Committee. D. THIRD VICE PRESIDENT The Third Vice President, in the absence or disability of the President, First Vice President, and Second Vice President, shall perform all the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Third Vice President shall be Chair of the Legislative Committee. E. SECRETARY The Secretary shall maintain a written record of all business conducted at the meetings of the Board of Directors and the Executive Committee. The Secretary or his /her designee shall be responsible for all correspondence and the dissemination of information to members. F. TREASURER The Treasurer shall maintain the complete financial records and, establish and maintain bank accounts in the name of the Organization, and pay all bills duly approved by the Executive Committee in accordance with the yearly budget. There shall be an annual audit of the books of the Treasurer by a competent accountant or accounting agency, designated by the Executive Committee, with a report to be presented to the membership at the Organization's next membership meeting. G. IMMEDIATE PAST PRESIDENT The Immediate Past President shall serve as a voting, ex- officio member of the Executive Committee. H. All officers of the Organization shall be elected or appointed officials of a Regular Member district. I. Officials who wish to seek election or appointment as an officer of the Organization shall first secure from his /her district an official endorsement of his /her candidacy in the form of a board resolution. ARTICLE IV MEETINGS SECTION I BOARD OF DIRECTORS A. The Board of Directors shall meet quarterly or no less than three times per calendar year. The last meeting of the calendar year shall be designated as the ANNUAL MEETING of the Organization. B. The Organization shall disseminate notices of Board Meetings at least thirty (30) days prior to the Meeting. Said notices shall be disseminated via email to all Regular and Associate Members. The Notice shall give the date, time, location and any action items for the meeting. C. Special Meetings of the Board of Directors may be called at any time by the President, any ten (10) Members of the Board of Directors or by a majority of the Executive Committee. The Organization shall disseminate notices of the Special Meeting at least five (5) business days prior to the meeting. Said notice shall give the date, time, location, and the subject matter of the Special Meeting. Action may only be taken on matters listed on the Special Meeting notice. D. All meetings of the Board of Directors shall be held in Orange County. E. No action shall be taken unless a quorum has first been established. A quorum shall be established when the designated representatives of fifty percent (50 %) of the Regular Members are present at a duly noticed Regular or Special Meeting of the Organization, or, if a vote has been authorized by written ballot, a quorum shall be established only when the designated representatives of fifty percent (50 %) of the Regular Members have submitted a ballot in the manner and by the deadline authorized by the Executive Committee. SECTION II. MEETINGS OF THE EXECUTIVE COMMITTEE A. The Executive Committee shall meet monthly at the Municipal Water District of Orange County, at a time specified by the President and announced in the meeting notice. The monthly meeting may be cancelled by the President if he /she determines that there is not sufficient business to justify a meeting. B. A Special Meeting of the Executive Committee may be called by the President or a majority of the Executive Committee, with five (5) business days advance notice given in writing via email by the Organization. Such notice shall state the date, time, location and agenda for the Special Meeting. C. All meetings of the Executive Committee shall take place in Orange County. D. A quorum shall be established by 50% of the then - filled Executive Committee. ARTICLE V AMENDMENTS These Bylaws may be amended by a majority of the Board of Directors present at a duly noticed membership meeting or, if a vote has been authorized by written ballot, by the combined majority vote of the designated representatives present and submitting a written ballot. All proposed amendments shall be disseminated via U.S. Mail and email to each Regular Member district no less than thirty (30) days prior to the membership meeting. ARTICLE VI ENACTMENT OF AMENDMENTS These Amended and Restated Bylaws are to take effect immediately upon approval of the Board of Directors. ARTICLE VII PARLIAMENTARY AUTHORITY All matters not covered under these Bylaws shall be governed by Roberts' Rules of Order. -End- INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY APPROVAL OF THE AMENDED ISDOC BYLAWS The Ouestion: Does your special district, as a regular member in good standing, approve or disapprove the amended ISDOC Bylaws? Cast your Vote: Please cast your vote by placing an "X" on the line next to "Yes" or "No" below. YES, I approve the amended ISDOC Bylaws NO, I do not approve the amended ISDOC Bylaws DISTRICT NAME SIGNATURE OF VOTING REPRESENTATIVE Voting Instructions: Each Regular Member district in good standing shall be entitled to one vote. (Associate Members do not have the right to vote.) Completed ballots must be received by ISDOC no later than 5:00 p.m. on Monday, December 9, 2013 in order to be counted. Ballots are to be submitted to the attention of Jessica Ouwerkerk (MWDOC) through one of the following methods: • Email — isdocComwdoc.com (email confirming receipt of your ballot will be sent) • U.S. Mail — Jessica Ouwerkerk, MWDOC, P.O. Box 20895, Fountain Valley, CA 92728 ITEM NO. 4.4 AGENDA REPORT Meeting Date: November 22, 2013 To: Executive-Administrative- Organizational Committee From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Annie Alexander, Executive Secretary Subject: Agency Report of Public Official Appointments (Form 806) STAFF RECOMMENDATION: That the Committee consider this matter and provide a recommendation to the Board of Directors. DISCUSSION: Due to recent litigation, the Fair Political Practices Commission (FPPC) amended Section 18705.5 of the California Government Code effective February 6, 2013 requiring the completion of Form 806 prior to the Board voting to appoint Directors to other outside boards, commissions, and committees as well as internal standing and ad hoc committees that would provide a stipend or salary totaling $250 or more in a 12 -month period. This new regulation requires that the filing be posted on the District's website and updated as changes occur due to an increase in total compensation or a newly proposed appointment. Legal counsel reviewed this matter and has advised staff that if the Board President were to appoint Directors to committees without a vote of the Board, or if the Director being considered for appointment were to leave the room when the vote occurred, completion of Form 806 would not be required. As it stands today, this new regulation does affect the Directors' current appointments to the District's standing and ad hoc committees. Legal counsel has also suggested that while the amended code does not require the District to list Directors' appointments to attend interagency meetings like the Yorba Linda City Council, WACO, ISDOC, etc., it may be best to include these types of assignments on the form in order to avoid future scrutiny. Staff is requesting that the Committee consider either instructing staff to prepare a filing for Board approval and posting at this time or to recommend deferring completion of the filing until the next round of appointments are proposed in December. ATTACHMENTS: 806. pd Description: Backup Material Type: Backup Material Agency Report of: Public Official Appointments A Public Document 1. Agency Name For Officia q0nly Division, Department, or Region (If Applicable) Designated Agency Contact (Name, Title) Appt Date and Length of Term Per Meeting /Annual Salary /Stipend Date Posted: Area Code /Phone Number E -mail Page of (Month, Day, Year) 2. Appointments Agency Boards and Commissions Name of Appointed Person Appt Date and Length of Term Per Meeting /Annual Salary /Stipend / Per Meeting: $ /Name / (Last, First) Appt Date 1 EstimatedAnnuaC ❑ $0- $1,000 ❑ $2,001- $3,000 Alternate, if any 1 (Last, First) Length of Term ❑ $1,001 - $2,000 ❑ Other Per Meeting: $ /Name (Last, First) Appt Date 1 EstimatedAnnuaC ❑ $0- $1,000 ❑ $2,001- $3,000 Alternate, if any 1 (Last, First) Length of Term ❑ $1,001 - $2,000 ❑ Other /Name Per Meeting: $ (Last, First) Appt Date 1 EstimatedAnnuaC Alternate, if any 1 ❑$o- $1'000 ❑$2,001- $3,000 (Last, First) Length of Term ❑ $1,001 - $2,000 ❑ Other / Per Meeting: $ /Name / (Last, First) Appt Date 1 EstimatedAnnuaC Alternate, if any 1 ❑ $0- $1,000 ❑ $2,001- $3,000 (Last, First) Length of Term ❑ $1,001 - $2,000 ❑ Other 3. Verification 1 have read and understand FPPC Regulation 18705.5. 1 have verified that the appointment and information identified above is true to the best of my information and belief. Signature of Agency Head or Designee Print Name Title (Month, Day Year) Comment: FPPC Form 806 (6/13) FPPC Toll -Free Helpline: 866 /ASK -FPPC (866/275 -3772) Agency Report of: Public Official Appointments Background This form is used to report additional compensation that officials receive when appointing themselves to positions on committees, boards, or commissions of another public agency or to a committee or position of the agency of which the public official is a member. This form is required pursuant to FPPC Regulation 18705.5. Each agency must post on its website a single Form 806 which lists all the paid appointed positions to which an official will vote to appoint themselves. When there is a change in compensation or a new appointment, the Form 806 is updated to reflect the change. The form must be updated promptly as changes occur. Instructions This form must be posted prior to a vote (or consent item) to appoint a governing board member if the appointee will participate in the decision and the appointment results in additional income of $250 or more in a 12 -month period. If an appointment does not result in additional income of at least $250 in a 12 -month period, this form is not required. FPPC Regulation 18705.5 provides that as long as the public is informed prior to a vote, an official may vote to hold another position even if the voting official will receive $250 or more in a 12 -month period for the appointment. Part 1. Agency Identification Identify the agency name and information on who should be contacted for information. Part 2. Appointments Identify the name of the other agency, board or commission. List the name of the official, and an alternate, if any. List the appointment date and the length of term the agency official will serve. Disclose the stipend provided per meeting and the estimated annual payment. The annual salary is an estimate as it will likely vary depending upon the number of meetings. It is not necessary to revise the estimate at the end of the calendar year. Part 3. Verification The agency head or his /her designee must sign the verification. Frequently Asked Questions (FAQs) 1. When does an agency need to complete the Form 806? A Form 806 is required when an agency's board members vote to appoint a board member to serve on another governmental agency or position of the agency of which the official is a member and at least $250 in any 12 -month period will be provided to a voting member. 2. The city council votes to serve as the city's housing authority, a separate entity. Will the Form 806 be required? I_\001InIT74FM, -iii If the council members receive additional compensation ($250 or more in a 12 -month period) for serving on the housing authority, the Form 806 is required. 3. Are appointments made by a governing board to appoint one of its members to serve as an officer of that board for additional pay (e.g., mayor) required to be disclosed on Form 806? Yes. FPPC Regulation 18705.5 permits voting on a member's own appointment to the position of mayor, as well as other boards and commissions, so long as proper disclosure on the Form 806 is made. This applies to agencies with governing boards that are elected or appointed. 4. In determining the income, must the agency include mileage reimbursements, travel payments, health benefits, and other compensation? No. FPPC Regulation18705.5 requires only the amount of the stipend or salary to be reported. 5. Which agency must post the Form 806? The agency that is voting to appoint a public official must post the Form 806 on its website. The agency that the official will serve as a member is not required to post the Form 806. The form is not sent to the FPPC. 6. When must the Form 806 be updated? The Form 806 should be amended promptly upon any of the following circumstances: (1) the number of scheduled meetings is changed, (2) there is a change in the compensation paid to the members, (3) there is a change in membership on the board or commission, or (4) there is a new appointment to a new agency. 7. If officials choose to recuse themselves from the decision and leave the room when a vote is taken to make an appointment, must the Form 806 be completed? No. The Form 806 is only required to identify those officials that will vote on an appointment in which the official will also receive additional income of $250 or more in a 12 -month period. Privacy Information Notice Information requested by the FPPC is used to administer and enforce the Political Reform Act. Failure to provide information may be a violation subject to penalties. All reports are public records available for inspection and reproduction. Direct questions to FPPC's General Counsel, Fair Political Practices Commission, 428 J Street, Ste. 620, Sacramento, CA 95814. FPPC Form 806 (6/13) FPPC Toll -Free Helpline: 866 /ASK -FPPC (866/275 -3772) Meeting Date: Io From: Presented By AGENDA REPORT November 22, 2013 Executive-Administrative- Organizational Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Cost Estimate: Funding Source: Dept: ITEM NO. 4.5 No $49,912 Water Operating Fund Administration Reviewed by Legal: No Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: YLWD /City of Placentia Joint Agency Demonstration Project SUMMARY: The City of Placentia is interested in developing a water conservation demonstration project with the Yorba Linda Water District. This joint agency project would replace approximately 8,000 square feet of traditional turf grass with synthetic turf in the street medians along Yorba Linda Blvd between McCormack Ln and Linda Vista St. STAFF RECOMMENDATION: That the Committee consider providing recommendations to the Board concerning proceeding with and funding of the Joint Agency Demonstration Project. DISCUSSION: The City of Placentia is proposing the following three options for financing of the project. 1. The District advance the City the total amount needed for the project, with the City paying the District back over time with water and reduced - maintenance savings. 2. The City of Placentia and District share the cost of the project. 3. The District pays for the entire project and the City will promote the project. The YLWD /City of Placentia Joint Agency Committee discussed this topic at its meeting on October 14, 2013 and the District's Committee members expressed an interest in proceeding with the project. It was determined that the potential project would be discussed further by the Executive - Administrative- Organizational Committee. ATTACHMENTS: Name: Description: Type: Yorba Linda Water District Prolect.docx City of Placentia Demonstration Project Options Backup Material City of Placentia and Yorba Linda Water District Turf Replacement Demonstration Protect The City of Placentia would like to remove and replace the existing turf (approximately 7,986 square feet of turf) on the medians located on Yorba Linda Boulevard between McCormack and Linda Vista. The proposed project would remove existing turf and replace it with artificial turf (Tiger Turf Everglade Fescue Pro) the remaining landscape features would remain intact. Location Median Island Square FootM Turf Area McCormack to Linda Vista 4,719 1,650 McCormack to Linda Vista 3,389 418 McCormack to Linda Vista 7,766 5,918 Total 15,874 7,986 Proposed Project Cost and Savings Projection Item Amount Project Cost $57,898.50 Turf Removal Rebate ($7,986.00) Total Upfront Cost $49,912.50 Estimated Annual Savings - $5,100 per year $5,100 This project would serve as a water conservation demonstration project and would be promoted on the City's website. This demonstration project would highlight the use of artificial turf and the projected water savings. The City will be able to not only highlight the partnership with Yorba Linda Water District but also the turf removal rebate offered through the Municipal Water District of Orange County. Residents can see significant water savings by taking advantage of existing rebate programs as outdoor single - family residential water use for turf and landscape irrigation is estimated City of Placentia and Yorba Linda Water District Turf Replacement Demonstration Project at 31.7 gallons per capita per day.' By promoting this project, residents will be more apt to install artificial turf or other water efficient landscape, which in turn will assist the District in meeting its SB x7 -7 conservation requirements. Artificial turf has a measurable, positive impact on the environment. In addition to water savings, installing artificial turf eliminates the need for harmful pesticides and fertilizers, helps to reduce noxious emissions from lawnmowers, and eliminates greenwaste disposal (which is the third largest component of municipal solid waste). Financing Options Due to the City's current financial situation, the following project financing options are presented below: 1) Advance the City the total amount needed for the project, with the City paying the District back over time with water savings; or 2) The City of Placentia and the Yorba Linda Water District share the cost of the project; or 3) The Yorba Linda Water District pays for the entire project and the City will promote the project. Questions related to this project can be directed to Antonia Graham, at acgraham @placentia.org 1 Vickers, Amy. Handbook of Water Use and Conservation (Amherst: WaterPlow Press, 2001), 15. Meeting Date: To: From: Presented By: Prepared By: Subject: DISCUSSION: AGENDA REPORT November 22, 2013 Executive-Administrative- Organizational Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Reviewed by Legal Steve Conklin, Acting General Manager ITEM NO. 5.6 Yes Board of Director Non - Member Attendance at Committee Meetings At recent Executive - Administrative - Organizational Committee meetings there was discussion relating to two questions: 1) may a member of the Board of Directors attend a meeting of a Board committee of which he is not a member, and 2) may he draw a daily stipend for attending the meeting? Copies of existing District policies that relate to these questions were provided for review and discussion. As part of that discussion, the Committee requested that Legal Counsel research the questions and provide its findings and recommendations to the Committee. A copy of the memo with that information is attached for review and discussion. ATTACHMENTS: Description: Type: BOD non - member attendance at comm mtqs.docx BOD Non - member attendance at Comm Mtgs Backup Material Kidman Law LLP W ater I E nvironm ent I G overnm ent MEMORANDUM TO: Steve Conklin Acting General Manager FROM: Art Kidman General Counsel DATE: November 4, 2013 RE: Board of Director Compensation Non - member Attendance at Committee Meetings Issue Presented: May a member of the Board of Directors attend a meeting of a Board committee of which he is not a member and draw a daily stipend for attending the meeting? Answers: Meetings of committees comprised of Board members must be open to the public and, therefore, any Director is permitted, subject to specific limitations, to attend committee meetings even if he is not a member of the committee. Under current policies set by the Board, however, a Director may draw a daily stipend for attending a committee meeting where he is not an appointed committee member only if his attendance at the committee meeting is requested by the Board. Alternatives are available to authorize compensation for such meeting attendance. DISCUSSION The issues presented deal with two legal principles which will be addressed separately. The first legal principle is whether and under what conditions a director is permitted by law to attend a Board committee meeting when he is not a member of the committee. The second issue is whether and under what conditions a Director may be compensated for attendance at a Board committee meeting when he is not a member of the committee. A. A Board member may attend any Board committee meeting; but may speak only during the public comment period and, otherwise, must refrain from any participation in the committee's deliberations. The Ralph M. Brown Act is our State's open public meetings law. The Brown Act broadly prohibits public agency decisions and deliberations leading to public agency decisions from being made by or occurring among a quorum of governing body members outside of a noticed public meeting of the governing body. Government Code §54953(a). The requirement for open public meetings also applies to meetings of standing committees consisting of less than a quorum of governing body members. Government Code §54952(b). Since standing committee meetings are open to the public, governing body members who not committee members may attend such meetings, but special rules apply. A Board member who is not a committee member may attend a meeting of that committee as an observer, but may not ask questions, make statements or otherwise participate in any way in the deliberations or decisions of the committee. Government Code §54952.2(c)(6) provides that a meeting of a standing committee is not a meeting of the governing body as follows: "The attendance of a majority of the members of the legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers." [emphasis added] The reason for this special rule for non - committee Board member attendance at committee meetings is readily apparent. If an additional Board member in attendance at a committee meeting means that a quorum of the Board participates in the deliberations and /or decisions of the committee, then the committee meeting constitutes a Board meeting and must be noticed to the public as such, including the posting of a Board meeting agenda 72 hours in advance of the committee meeting. The moment the additional Board member begins to participate in the deliberations or decisions of the committee, the committee meeting becomes a violation of the Brown Act potentially subjecting all the board members in attendance to penalty. The California Attorney General has opined that the "observer" status of such non - committee Board members attending a standing committee meeting prohibits the non - committee member from participating in the committee in any way, including making statements or asking questions. "Indeed, such observers have fewer rights than members of the general public attending the meetings, since as observers they may make no statements and ask (no) questions." 81 Ops. Atty. Gen 156. RECOMMENDATIONS RE ISSUE A: A.1 The Board should consider whether and under what conditions committee meetings should be conducted as noticed and agendized Board meetings in order to allow participation in the committee meeting by any or all Board members. A.2 If "participation" in committee meetings remains limited to less than a quorum of the Board, the Board should consider adoption of policy requiring (a) any Board member to notify the General Manager when he plans to attend a meeting of a committee where he is not a committee member; (b) requiring the General Manager to notify the committee chairman of the plans for a third Board member to be present at the committee meeting; and (c) requiring the General Manager to request District legal counsel to attend the committee meeting to assure compliance with the special "only as observer" rule under the Brown Act. B. A Board member may be compensated only for attendance at Board meetings and other meetings attended at the request of the Board. Under State Law and under Yorba Linda Water District Ordinance No. 03 -01 (Setting Compensation for Members of the Board of Directors), Directors may be compensated at a daily rate "for each day's attendance at meetings of the Board of Directors and other meetings attended at the request of*the Board of*Directors." By custom and practice, the Board of Directors annually approves assignment of members of the Board to serve on Board committees and annually designates members of the Board to attend recurring meetings of outside agencies. In addition, each Board meeting agenda includes an item for ad hoc approval of one or more Board members to attend specific meetings and events. These rules, customs and practices appear to be compliant with AB 1234 (Government Code §53232.1). If a Board member attends a meeting which has not been pre- approved by the Board, the member may be entitled to the per diem compensation only if the member's attendance is ratified after the fact by a vote of the Board. Under these rules, customs and practices a Board member may be compensated a day's attendance at a meeting of a committee of which he is not a member only if*the member obtains pre- authorization or post- ratification from the full Board for attendance at the committee meeting. RECOMMENDATIONS RE ISSUE B: B.1 If the Board determines under recommendation A.1 above to designate committee meetings as Board meetings, then State law and Ordinance 03 -01 both allow compensation for any board member to attend a committee meeting. B.2 If the Board determines under recommendation A.2 above to limit "participation" in committee meetings to members of the committee, the Board should consider whether (a) to continue ad hoc approval of attendance for daily compensation to any Director who attends a meeting of a committee of which he is not a member; or (b) to provide blanket approval of such attendance for daily compensation.