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HomeMy WebLinkAbout2014-11-10 - Executive-Administrative-Organizational Committee Meeting Agenda PacketYorba Linda Hater District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADM IN -ORGAN IZATIO NAL COMMITTEE MEETING Monday, November 10, 2014, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE STAFF Director Robert R. Kiley, Chair Marc Marcantonio, General Manager Director Ric Collett Damon Micalizzi, Public Information Mgr 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. 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. 4.1. Status of Legislative Affairs (Verbal Report) 5. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 5.1. Reorganization of the Board of Directors and Appointment of Officers 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 for the next calendar year. 5.2. Board of Directors Compensation Recommendation. That the Committee consider the Directors' compensation rate for the next calendar year and make a recommendation to the Board of Directors. 6. DISCUSSION ITEMS CONTINUED 6.1. Results of YLWD Emergency Tabletop Exercise (Verbal Report) 6.2. Legal and Labor Counsel's Monthly Summary Billings (Verbal Report) 6.3. Directors and General Manager Fees and Expenses for 1st Qtr of FY 2014/15 6.4. Future Agenda Items and Staff Tasks 7. 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. 7.1. 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 communication received by the District. Number of Potential Cases: One 8. ADJOURNMENT 8.1. The next Executive - Administrative - Organizational Committee meeting is scheduled to be held Tuesday, December 9, 2014 at 10:00 a.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. 4.1 AGENDA REPORT Meeting Date: November 10, 2014 Subject: Status of Legislative Affairs (Verbal Report) ATTACHMENTS: Description: Type: Backup Material Distributed Less Than 72 Hours Prior to TPA Monthly Report.pdf Backup Material the Meeting Backup Material Distributed Less Than 72 Hours Prior to the Meeting TOWNSEND PUBLIC AFFAIRS EST TPA 998 MEMO To: Yorba Linda Water District From: Townsend Public Affairs, Inc. Date: November 7, 2014 Subject: November Legislative Report On Tuesday, November 4, millions of Californians cast ballots in the 2014 General Election. Voters weighed in on six different statewide propositions, and prominent statewide races including the re- election of Governor Jerry Brown. As projected, Governor Brown was re- elected to his fourth term by a 17.4 percent margin, with 5.19 million votes cast. Governor Brown first won office 40 years ago, in 1974, and returned to office in 2010. Brown's agenda in his final term is expected to focus heavily on policies addressing climate change and on two controversial legacy projects: construction of a high -speed rail system and a water conveyance system that eluded Brown when he was governor before. In the Senate, the Democrats were unable to regain the supermajority. As of the writing of this report, Democrats hold 26 seats, while Republicans hold 11 seats, with 3 seats still too close to call. Republicans captured two closely contested Senate seats central to the supermajority hopes of Democrats. Orange County Supervisor Janet Nguyen defeated former Democratic Assemblyman Democrat Jose Solorio, while Republican Senator Andy Vidak, defeated a challenge from Democrat Luis Chavez to retain a spot in the Senate he first won in a tight special election last year. Four seats will be vacant for the time being as several Senators, including Orange County Senator Mimi Walters, are slated to join Congress. This will result in several special elections needing to be held within about 140 days to fill those seats. On the Assembly side, several key races are still too close to call, leaving the status of the Assembly supermajority unknown. Without the two - thirds majority, Democrats will not be able to pass new taxes, advance ballot measures, or enact immediately effective "urgency" bills without Republican votes. Two vulnerable freshman Democrats, Sharon Quirk -Silva of Fullerton and Steve Fox of Palmdale, lost seats that became focal points for a Republican party intent on fracturing Democratic control. As of the writing of this report, the makeup of the Assembly is 52 Democrats, 23 Republicans and 6 races that are too close to call, including two targeted Central Valley Democrats Rudy Salas and Adam Gray. In the local Orange County elections, Lisa Bartlett and Michelle Steel will join the County of Orange Board of Supervisors. Lisa will represent the fifth district, which includes the South County Cities of Aliso Viejo, Dana Point, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Mission Viejo, Rancho Santa Margarita, San Clemente, San Juan Capistrano and a small portion of the City of Irvine. Michelle will represent the second district, which includes Costa Mesa, Huntington Beach, Fountain Valley, Newport Beach, Seal Beach, La Palma, Los Alamitos, Cypress, Stanton and a portion of Buena Park. A special election will be held sometime in the spring to replace Janet Nguyen's Supervisor seat. Southern California Office 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399 -9050 • Fax (949) 476 -8215 State Capitol Office 1 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447 -4086 • Fax (916) 444 -0383 Federal Office • 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546 -8696 • Fax (202) 546 -4555 Northern California Office 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835 -9050 • Fax (510) 835 -9030 Backup Material Distributed Less Than 72 Hours Prior to the Meeting Proposition 1, the Water Quality, Supply and Infrastructure Improvement Act of 2014, was the culmination of an eight -year process in which a water bond was to be placed on the ballot, was twice delayed at the urgings of Governor Schwarzenegger and Governor Brown, and then ultimately, a replacement measure was introduced, passed, and signed by Governor Brown to appear on the November ballot. Proposition 1 passed with a wide margin, garnering 67 percent support. This is the fourteenth water bond that has gone before the voters since 1960, and the thirteenth to pass. The passage of Proposition 1 will result in $810 million available for regional water reliability. This measure includes $510 million for integrated regional water management (of which 63 million is specific to the Santa Ana sub - region and 52 million is specific to the San Diego sub - region), $200 million for storm water capture and $100 million for water conservation. The bond also includes $725 million for water recycling projects and activities of which both planning and feasibility projects are included. Additionally, the bond included South Orange County as a part of the San Diego integrated regional water management funding. On October 6, the State Water Resource Control Board released the Safe Drinking Water Plan for California. The document contained elements required by law such as: the State Board's assessment of the overall quality of the state's drinking water and identification of specific water quality problems; an analysis of the known and potential health risks that may be associated with drinking water contamination in California; discussion of contaminants found in public water systems with fewer than 10,000 service connections and costs of requiring those systems to meet drinking water standards and public health goals; and specific recommendations to improve drinking water quality. TPA will plan to attend workshops that will be held throughout November to present an overview of the plan and will report back to YLWD with any pertinent information. On November 4, in response to the Governor's Emergency Drought Proclamation earlier this year, the State Water Resources Control Board released first -ever monthly estimates of daily per capita water use by residential customers for nearly 400 urban agencies across the state, including several Orange County agencies. The monthly estimates, based on data submitted by urban agencies under emergency conservation regulations adopted by the State Board in July, showed that water use varies widely by hydrologic region. In addition to the per capita use estimates, the State Board also released monthly water production numbers for September as submitted by water suppliers. The data, which showed that statewide urban water use was down an average of 10.3 percent in September 2014 as compared to September 2013, suggests that conservation efforts leveled off somewhat in September after three consecutive months of year- over -year improvement. Approximately 18 billion gallons of water was saved in July, 27.6 billion gallons was saved in August, and 22 billion gallons was saved in September. Collectively that's about enough water to supply a million Californians for an entire year. '0 Yorba Linda Water District Monthly Report, October 2 AGENDA REPORT Meeting Date: November 10, 2014 To: Executive-Administrative- Organizational Committee From: Marc Marcantonio, General Manager Presented By: Marc Marcantonio, General Manager Prepared By: Annie Alexander, Executive Secretary Dept: ITEM NO. 5.1 Administration Subject: Reorganization of the Board of Directors and Appointment of Officers 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 for the next calendar year. 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 10, 2014 To: Executive-Administrative- Organizational Committee From: Marc Marcantonio, General Manager Presented By: Marc Marcantonio, General Manager Prepared By: Annie Alexander, Executive Secretary Subject: Board of Directors Compensation STAFF RECOMMENDATION: Budgeted: Total Budget: Funding Source: Account No Dept: ITEM NO. 5.2 Yes $90,000 Water Operating Fund 1- 1010- 0440 -00 Board of Directors That the Committee consider the Directors' compensation rate for the next calendar year and make a recommendation to the Board of Directors. DISCUSSION: In accordance with California Water Code Sections 20201 - 20202, the amount of compensation for members of the Board of Directors is currently set at $150 per day for each day's attendance at meetings of the Board and other meetings attended at the request of the Board, not to exceed 10 days per calendar month. Section 20202 also allows for an increase in the amount of compensation up to 5% for each calendar year following the operative date of the last adjustment. As the last adjustment was effective March 24, 2003 (per attached Ordinance No. 03 -01), the Board of Directors would be eligible for an increase in their current compensation rate up to $256.56 per day (as of March 24, 2014). Also attached for reference are the results of a compensation survey that was recently conducted by the Irvine Ranch Water District. Should the Committee recommend an increase in the amount of compensation, an ordinance would need to be considered and adopted by the Board of Directors pursuant to the procedures specified in Water Code Sections 20203 -20204 and Government Code Section 6066: A public hearing would need to be held prior to adoption of the ordinance. Notice of the hearing shall be published in a newspaper of general circulation once a week for two successive weeks prior to the public hearing. The ordinance would become effective 60 days from the date of its final passage. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors last increased their meeting compensation rate in 2003, and prior to that, in 1991. ATTACHMENTS: Name: Description: Type: 2003 01 23 - Ordinance No. 03- 01.pdf Backup Material Backup Material BOD Per Diem Survey.docx Backup Material Backup Material ORDINANCE NO. 03-01 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SETTING COMPENSATION FOR MEMBERS OF THE BOARD OF DIRECTORS WHEREAS, The Yorba Linda Water District is organized and operates under authority of the County Water District Act, Division 12, commencing with Section 30,000 of the California Water Code; and WHEREAS, Water Code Section 20202, permits water districts, as defined in Section 20200, which includes the Yorba Linda Water District, to increase compensation of members of the Board of Directors in an amount in excess of $100 per day for each day's attendance at Board meetings or each day's service as a Director at the Board's request, not to exceed ten day's per calendar month; and, WHEREAS, the increase in compensation authorized pursuant to Section 20202 is limited to five percent for each calendar year following the operative date of the last adjustment; and WHEREAS, the Board of Directors of the Yorba Linda Water District, by action taken in February, 1991 set the daily compensation under Water Code Section 30507 at $125 for Board and Board Committee meetings and $50 for other service rendered at the request of the Board; and WHEREAS, the Board of Directors of the Yorba Linda Water District has conducted a public hearing upon notice pursuant to Government Code Section 6066 as required by Water Code Section 20203. NOW THEREFORE, the Board of Directors of the Yorba Linda Water District does hereby find, declare, order and ordain as follows: Section 1. The matters set forth in the recitals of this Ordinance are true and correct. Section 2. Upon and after the effective date of this Ordinance, compensation for members of the Board of Directors of the Yorba Linda Water District shall be $150 per day for each day's attendance at meetings of the Board of Directors and other meetings attended at the request of the Board of Directors. Compensation for any type of service shall not exceed ten (10) days in any calendar month. Members of the Board of Directors shall receive reimbursement or payment of expenses, according to District rules, incurred in the performance of each Director's duties required or authorized by the Board of Directors. �J f Section 3. This Ordinance shall become effective sixty (60) days after its adoption. PASSED AND ADOPTED this 23rd day of .lanuary, 2003 by the following called vote: AYES: Beverage, Mills, Summerfield NOES: Armstrong ABSENT: Korn ABSTAIN: Secretary "i BOARD OF DIRECTORS PER DIEM SURVEY As of October 31, 2014 MAXIMUM AGENCY PER DIEM EFFECTIVE DATE MEETINGS PER MEETING MONTH El Toro $198.00 December 2007 10 Water District Irvine Ranch $237.00 January 2009 10 Water District Municipal Water of $232.79 jaR6iaFy `' 10 Orange County $244.33 January 2014 Orange County $221.12 January 2008 10 Water District Santa Margarita $210.00 February 2009 10 Water District South Coast $190.00 January 2006 10 Water District Moulton Niguel $199.50 October 2007 10 Water District Mesa Consolidated $207.00 February 2013 10 Water District Yorba Linda $150.00 January 2003 10 Water District Meeting Date: November 10, 2014 ITEM NO. 6.3 AGENDA REPORT Dept: Finance Subject: Directors and General Manager Fees and Expenses for 1 st Qtr of FY 2014/15 ATTACHMENTS: Name: Description: Type: Travel Expense Report.xlsx Travel and Expense Detail - 1st Qtr FY 2014 -15 Backup Material BOD GM Qtr Summary.xlsx 1st Qtr. FY 2014 -15 Fees and Expenses Report Backup Material BOD GM YTD FYE 2015.xlsx YTD Fiscal Year 2014 -15 Fees and Expense Report Backup Material DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL/CONFERENCE EXPENSES FIRST QUARTER OF FY 2014 -15 JULY - SEPTEMBER 2014 GL Trip Director Date Date Trip Name Trip Location Meals Lodging Travel Event/ Conf. Fee Misc. Total trip Total Beverage 8/13- 15/2014 Urban Water Institute Annual Water Conference $ $ $ $ $ - $ $ $ 475 $ - $ 475 San Diego, CA $ $ 516 $ Collett 9/30/14 10/2/14 MWDOC Water Policy Forum & Dinner Costa Mesa, CA $ $ $ $ 75 $ - $ 75 $ 50 $ 314 $ $ $ $ $ $ $ 75 Hawkins 9/30/14 10/2/14 MWDOC Water Policy Forum & Dinner Kiley 7/31/14 8/13- 15/2014 Urban Water Institute Annual Water Conference 8/19/14 8/13- 15/2014 Urban Water Institute Annual Water Conference 8/31/14 8/13- 15/2014 Urban Water Institute Annual Water Conference 9/15/14 10/1/14 CSDA Awards Luncheon 9/30/14 10/2/14 MWDOC Water Policy Forum & Dinner Melton 9/30/14 10/2/14 General Manager Marcantonio 9/15/14 10/1/14 9/30/14 10/2/14 MWDOC Water Policy Forum & Dinner CSDA Awards Luncheon MWDOC Water Polciy Forum & Dinner Costa Mesa, CA $ $ $ $ 75 $ - $ 75 $ $ $ $ - $ $ - $ 75 San Diego, CA $ $ $ $ 475 $ - $ 475 San Diego, CA $ $ 516 $ $ - $ - $ 516 San Diego, CA $ 139 $ - $ 125 $ $ 50 $ 314 Palm Springs, CA $ - $ $ - $ 40 $ - $ 40 Costa Mesa, CA $ $ $ $ 75 $ - $ 75 $ 1,420 Costa Mesa, CA $ $ $ $ 75 $ - $ 75 $ $ $ $ $ $ - $ 75 Total Director's $ 139 $ 516 $ 125 $ 815 $ 50 $ 1,645 $ 1,645 Palm Springs, CA $ - $ - $ - $ 40 $ - $ 40 Costa Mesa, CA $ $ $ $ 75 $ - $ 75 Total GM $ $ $ $ 115 $ - $ 115 $ 115 Total Director's & GM $ 139 $ 516 $ 125 $ 930 $ 50 $ 1,760 $ 1,760 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES 1 ST QUARTER REPORT FROM 07 -01 -2014 TO 9 -30 -2014 FISCAL YEAR 2014 -2015 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB -TOTAL MARCANTONIO TOTAL REGULAR MEETINGS ATTENDED 6 6 5 5 6 28 COMMITTEE MEETINGS ATTENDED 8 7 7 10 6 38 OFF SITE MEETINGS ATTENDED 3 7 3 8 7 28 SPECIAL MEETINGS ATTENDED 5 5 3 4 5 22 OTHER MEETINGS ATTENDED 0 2 1 3 1 7 TOTAL MEETINGS ATTENDED QTD 22 27 19 30 25 123 123 DIRECTOR FEES QTD $3,300 $4,050 $2,850 $4,500 $3,750 $18,450 $18,450 MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 TRAVEL & CONF. EXPENSES QTD $0 $75 $75 $1,420 $75 $1,645 $1,645 TRAVEL & CONF. BUDGET QTD $470 $470 $470 $470 $470 $2,350 $2,350 DIR.FEES AND EXPENSES QTD $3,300 $4,125 $2,925 $5,920 $3,825 $20,095 $20,095 FEES AND EXPENSES BUDGET QTD $4,970 $4,970 $4,970 $4,970 $4,970 $24,850 $24,850 GEN MGR EXPENSES QTD $115 $115 GEN MGR TRAVEL/CONF. BUDGET QTD $500 $500 TOTAL FEES & EXPENSES QTD $3,300 $4,125 $2,925 $5,920 $3,825 $20,095 $115 $20,210 TOTAL FEES & EXPENSES BUDGET QTD $4,970 $4,970 $4,970 $4,970 $4,970 $24,850 $500 $25,350 DIRECTORS: REGULAR MEETINGS ATTENDED COMMITTEE MEETINGS ATTENDED OFF SITE MEETINGS ATTENDED SPECIAL MEETINGS ATTENDED OTHER MEETINGS ATTENDED TOTAL MEETINGS ATTENDED YTD DIRECTOR FEES YTD MEETING FEES BUDGET YTD TRAVEL & CONFERENCES EXPENSES YTD TRAVEL & CONFERENCE BUDGET YTD TOTAL DIRECTORS FEES & EXPENSES YTD TOTAL FEES & EXPENSES BUDGET YTD YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES YEAR -TO -DATE REPORT FROM 07 -01 -2014 TO 6 -30 -15 FISCAL YEAR 2014 -2015 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB -TOTAL MARCANTONIO TOTAL 6 6 5 5 6 28 8 7 7 10 6 38 3 7 3 8 7 28 5 5 3 4 5 22 0 2 1 3 1 7 22 27 19 30 25 123 123 $3,300 $4,050 $2,850 $4,500 $3,750 $18,450 $18,450 $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 $0 $75 $75 $1,420 $75 $1,645 $1,645 $470 $470 $470 $470 $470 $2,350 $2,350 $3,300 $4,125 $2,925 $5,920 $3,825 $20,095 $20,095 $4,970 $4,970 $4,970 $4,970 $4,970 $24,850 $24,850 ACTING GENERAL MANAGER EXPENSES YTD ACTING GENERAL MANAGER TRAVEL & CONFERENCE BUDGET YTD $115 $115 $500 $500 TOTAL FEES & EXPENSES YTD $3,300 $4,125 $2,925 $5,920 $3,825 $20,095 $115 $20,210 TOTAL FEES & EXPENSES BUDGET YTD $4,970 $4,970 $4,970 $4,970 $4,970 $24,850 $500 $25,350