HomeMy WebLinkAbout2008-11-24 - Executive-Administrative-Organizational Committee Meeting Agenda Packet•
Yorba Linda
Water District
EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING
Monday, November 24, 2008, 4:00 p.m.
1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020
AGENDA
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COMMITTEE
Director John Summerfield, Chair
Director William R. Mills
STAFF
Michael A. Payne, General Manager
Ken Vecchiarelli, Asst. General Manager
INTRODUCTION OF VISITORS AND 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.
ACTION ITEMS
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
1. Consider Resolution No. 08-XX Setting Time and Place for All Regular Meetings
and Manner to Call Special Meetings and Rescind Resolution No. 90-41
Recommendation: That the Committee recommend to the Board of
Directors to adopt Resolution No. 08-XX Setting Time and Place for All
Regular Meetings and Manner to Call Special Meetings and Rescind
Resolution No. 90-41.
2. Consider Resolution No. 08-XX Authorizing Individuals to Transfer Funds via the
Federal Wire System and Rescind Resolution No. 06-02
Recommendation: That the Committee recommend to the Board of
Directors to adopt Resolution No. 08 XX Authorizing Individuals to
Transfer Funds via the Federal Wire System and Rescind Resolution No.
06-02.
3. Consider Reorganization of the Board of Directors to Select a President, Vice
President and to Appoint Corporate Officers for Calendar Year 2009
Recommendation: That the Committee recommend to the Board of
Directors nomination and election of a President and Vice President and
appointment of the Corporate Officers.
OR G ~A_
4. Consider Board of Directors Committee Assignments for Calendar Year 2009
Recommendation: That the Committee provide a recommendation to the
• Board of Directors on the Standing Committee Structure.
5. Consider Board of Directors Compensation for Calendar Year 2009
Recommendation: That the Committee provide a recommendation to the
Board of Directors on Directors Compensation for Calendar Year 2009.
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.
6. Consider Policy for Approval of Board of Directors Meeting Minutes
7. Declaration of Conflicts of Interest During Public Meetings
8. Fullerton Arboretum Water Conservation Garden Partnership
9. Future Presentation to Board of Directors by LAFCO
10. Report on Legislative Activities - Sacramento Advocates
11. Report on Grant Activities - Townsend Public Affairs
is 14. Scheduling Future OCWD Ad Hoc Committee Meetings
15. Status Report on Pass-Through Policy
ADJOURNMENT
The next regularly scheduled meeting of the Executive-Administrative-Organizational
Committee will be held December 16, 2008 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meetinq
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to 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 Michael A. Payne, General Manager, 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.
•
2
ITEM NO. /
AGENDA REPORT
• Committee Meeting Date: November 18, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact: Same
Reviewed by General Counsel: Yes Budgeted:
Funding Source:
CEQA Account No:
Compliance: N/A Estimated Costs:
N/A Total Budget: N/A
N/A
Job No:
N/A Dept: Admin
Subject: Resolution No. 08-XX Setting Time and Place for all Regular Meetings and
Manner to Call Special Meetings
SUMMARY: Section 30521 of the Water Code provides that the Board of Directors shall: (a)
provide for the time and place of holding its regular meetings; and, (b) provide for the manner of
calling special meetings.
DISCUSSION: Resolution No. 90-41 had identified 4622 Plumosa Avenue, Yorba Linda as the
. official meeting place for all regular Board meetings. In May of 2008, the District moved the
Administrative offices from 4622 Plumosa Drive, Yorba Linda to 1717 E. Miraloma Avenue,
Placentia.
Staff has prepared the attached Resolution that updates the principal office address of the
District and location for all regular and special meetings of the Board. Legal Counsel has also
added references to the Ralph M. Brown Act which governs in greater detail, the date, time and
place of regular and special meetings of the Board. All other information in Resolution No. 90-
41 is still valid.
PRIOR RELEVANT BOARD ACTION(S):
Provisions for meeting time and place were formerly adopted by Ordinance No. 1, and
subsequently amended by Ordinance No. 2 and by Ordinance No. 7. On December 27, 1990,
the Board adopted Ordinance 90-03 which repealed Ordinance No. 1, No. 2 and No. 7. On
December 27, 1990, the Board of Directors adopted Resolution No. 90-41 Setting Time and
Place for all Regular Meetings and Manner to Call Special Meetings.
STAFF RECOMMENDATION:
That the Executive-Administrative-Organizational Committee recommend to the Board of
Directors to adopt Resolution No. 08-XX Setting Time and Place for all Regular Meetings and
Manner to Call Special Meetings and rescind Resolution No. 90-41.
is
RESOLUTION NO. 08-XX
• RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
SETTING TIME AND PLACE FOR ALL REGULAR MEETINGS
AND RESCINDING RESOLUTION NO. 90-41
WHEREAS, the Yorba Linda Water District was formed pursuant to Division 12 of the
Water Code of the State of California; and
WHEREAS, Section 30521 of the Water Code provides that the board shall: (a)
provide for the time and place of holding its regular meetings; and, (b)
provide for the manner of calling special meetings; and,
WHEREAS, the Ralph M. Brown requires the Board to adopt the time and place for
holding regular meetings (Government Code Section 54954(a)), requires
that regular and special meetings of the board be held within the District's
jurisdictional boundaries (GC § 54954(b)) and requires notice of special
meetings to be provided to newspapers, radio and television stations
when requested in writing (GC § 54956); and
WHEREAS, Ordinance No.'s 1, 2, and 7 which provided the meeting time and place of
the board were repealed by Ordinance 90-03 and replaced by Resolution
No. 90-41 on December 27, 1990; and,
• WHEREAS, since the adoption of Resolution No. 90-41, the principal office of the
District has moved; and
NOW, THEREFORE, the board of Directors of the Yorba Linda Water District does
hereby resolve, determine and order as follows:
Section 1: REGULAR MEETINGS.
(a) Place. All regular meetings of the Board shall be held at the
principal office of the District located at 1717 E. Miraloma
Avenue, Placentia, California.
(b) Time. All regular meetings of the Board of Directors shall be held
on the second and fourth Thursdays of each month at 8:30
a.m.; provided however, that when the day fixed for any
regular meeting of the Board of Directors falls upon a day
designated by law as a legal or national holiday, such
meeting will be at a time and place to be designated by
majority vote of the Board.
0
(c) Adjournment. The Board may adjourn any regular or adjourned regular
• meeting to a time and place specified in the motion of
adjournment so approved by the Board.
Section 2: SPECIAL MEETINGS.
(a) Call. Special meetings of the Board of Directors may be called by
the President or majority of members of the Board whenever
in their opinion the District's business may require a special
meeting of the Board.
(b) Notice. Whenever a special meeting of the Board of Directors is
called, notice in writing shall be delivered by the Secretary to
each director, and if notice is requested in writing, to each
local newspaper of general circulation and radio or television
station. The notice shall be delivered personally or by any
other means and shall be received at least twenty four (24)
hours in advance of the meeting. The notice shall specify
the time and place of such meeting and purpose of the
meeting. The written notice may be dispensed with as to
any Director who, at or prior to the time the meeting
convenes, files with the Secretary a written waiver of notice.
The waiver may be given by telegram. The written notice
is may also be dispensed with as to any member who is
actually present at the meeting at the time it convenes. The
notice shall be posted at least twenty four (24) hours prior to
the special meeting on the District's bulletin board and will
be mailed to any member of the public who requests, in
writing.
(c) Agenda. The agenda for a special meeting of the Board of Directors is
limited to only those matters specifically set forth in the
purpose of the call for the special meeting. No other
business shall be considered at a special meeting.
•
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•
(d) Adjournment. The Board may adjourn any special or adjourned special
meeting to a time and place specified in the motion of
adjournment so approved by the Board.
PASSED AND ADOPTED this day of
called vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
, 2008, by the following
Yorba Linda Water District
ATTEST:
Michael A. Payne, Secretary
Yorba Linda Water District
APPROVED AS TO FORM:
Arthur G. Kidman, Esq.
McCormick, Kidman & Behrens
, President
3
ITEM NO. ;,Z.
• AGENDA REPORT
Committee Meeting Date: November 18, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact: Same
Reviewed by General Counsel: No Budgeted: Yes Dept: Admin
Funding Source: N/A
Account No: Job No:
CEQA Compliance: N/A Estimated Costs: $ Minimal staff costs
Subject: Amending the Names of Individuals Authorized to Transfer Funds Via the Federal
Wire System
SUMMARY:
The District's financial institution Wells Fargo Bank requires those individuals authorized to
• transfer funds via the Federal Wire System for the District be designated by Resolution.
Whenever authorized individuals are hired or leave the District, the Board of Directors must
adopt a new Resolution updating those individuals authorized to wire funds.
DISCUSSION:
Any funds currently transferred via the Federal Wire System for the purpose of investing or
transferring funds for payment of payables can be made by Michael A. Payne or Kenneth R.
Vecchiarelli.
Any funds transferred via the Federal wire system for any purpose other than investments and
payables require approval by two persons. Any one of the Board members is authorized to be
the first signer and either Michael A. Payne/Secretary, Kenneth R. Vecchiarelli/Assistant
Secretary or Diane Cyganik/Auditor to be the second signer.
With the retirement of Michael A. Payne as General Manager effective December 30, 2008, a
new Resolution needs to be adopted incorporating the names of District employees authorized
to transfer funds via the Federal Wire System.
It is recommended that any funds transferred via the Federal wire system for any purpose other
than investments and payables require approval by two persons. Any Board member is
authorized to be the first signer and Kenneth R. Vecchiarelli/Assistant Secretary, or Diane
Cyganik/Auditor to be the second signer.
• The attached Resolution No. 08-XX incorporates the above changes and rescinds the current
Resolution No. 06-02.
•
•
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors last amended the names of individuals authorized to transfer funds via
the Federal Wire System when Resolution No. 06-01 was adopted on April 13, 2006 when
Diane Cyganik was hired as the Finance Director/Auditor on April 3, 2006.
STAFF RECOMMENDATION:
That the Executive-Administrative-Organizational Committee recommend to the Board of
Directors to adopt Resolution No. 08-XX Authorizing Individuals to Transfer Funds via the
Federal Wire System and Rescind Resolution No. 06-02.
•
RESOLUTION NO. 08-XX
• RESOLUTION OF THE BOARD OF DIRECTORS OF THE
YORBA LINDA WATER DISTRICT AUTHORIZING
INDIVIDUALS TO TRANSFER FUNDS VIA THE FEDERAL
WIRE SYSTEM AND RESCIND RESOLUTION NO. 06-02
WHEREAS, the Yorba Linda Water District (District) desires to transfer funds through
the Federal Wire System; and
WHEREAS, the transfer of funds through the Federal Wire System is authorized by
signature and is completed electronically or by telephone if necessary, for
the purpose of paying certain debts and making investments; and
WHEREAS, financial institutions require that those persons authorized to sign District
checks and transfer funds via the Federal Wire System be designated by
a Resolution of the Board of Directors; and
WHEREAS, on April 13, 2006, the Board of Directors adopted Resolution No. 06-02
which authorized the Secretary/General Manager, Assistant Secretary
and Auditor as the designated representatives of the District to transfer
funds via the Federal Wire System; and,
WHEREAS, the District desires to remove Michael A. Payne, Secretary/General
• Manager as a designated representative of the District to transfer funds,
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. That Kenneth R. Vecchiarelli/Assistant Secretary, or Diane Cyganik,
Auditor, are both hereby authorized, as representatives of the District, to
transfer funds via the Federal Wire System for the following purposes:
a. Investments. Any funds transferred for the purpose of making
investments on behalf of the Yorba Linda Water District must be for
the credit of the Yorba Linda Water District, and can only be to
financial institutions authorized by the latest adopted Investment
Policy Resolution.
b. Payables. Transfer of funds for payment of payables to the following:
1. Vendors requesting a wire transfer instead of a check.
2. To assure payment in a timely manner to avoid a financial penalty.
c. Payment of payroll taxes.
• d. Payment of 3~d party checks for insurance, deferred income,
garnishment, CaIPERS, etc.
Section 2. Any funds transferred via the Federal Wire System for any purpose other
• than those specified in Section l(a) and/or (b) herein requires approval by
two persons. Any one of the following five members of the Board of
Directors is authorized to be the first signer: Paul R. Armstrong, Michael
J. Beverage, Ric Collett, William R. Mills or John W. Summerfield.
Kenneth R. Vecchiarelli/Assistant Secretary or Diane Cyganik, Auditor
are hereby authorized to be the cosigners. These are the only signatures
authorized to appear on the Wire Instruction Form for funds transferred
under this section.
Section 3. Sandi Van Etten, Senior Accountant, or Chau Le, Accounting Assistant II,
will verify all wire transfers with Wells Fargo Bank that have been sent via
the Federal Wire System.
Section 4. That Resolution No. 06-02 is hereby rescinded effective immediately
upon passage of this Resolution.
PASSED AND ADOPTED this 11th day of December 2008 by the following called
vote:
AYES:
NOES:
ABSENT:
• ABSTAIN:
, President
Yorba Linda Water District
ATTEST:
Kenneth R. Vecchiarelli, Assistant Secretary
Yorba Linda Water District
REVIEWED AS TO FORM BY GENERAL COUNSEL:
Arthur G. Kidman, Esq.
McCormick, Kidman and Behrens
•
2
ITEM NO.
AGENDA REPORT
• Committee Meeting Date: November 18, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact:
Reviewed by General Counsel: Yes Budgeted: N/A Total Budget: N/A
Funding Source: Water Operating Fund
CEQA Account No: 111440 Job No:
Compliance: N/A Estimated Costs: N/A Dept: Admin
Subject: Reorganization of the Board of Directors for Calendar Year 2009
SUMMARY:
Pursuant to the Board of Directors Rules for Organization and Procedure, as adopted in
November 2007, a President of the Board and a Vice-President shall be elected annually at the
District's reorganization meeting held at the first regular meeting of the Board in December of
every year.
DISCUSSION:
• The powers and duties of the President are described in Section 30578 of the Water Code and
the Board of Directors' adopted Rules and Regulations.
The President's duties prescribed by state law are:
a. Sign all contracts on behalf of the district.
b. Perform other duties imposed by the board.
The President's duties prescribed by the Board Rules for Organization and Procedure are to:
a. Assume the chair of the Presiding Officer immediately after election.
b. Make Committee assignments, subject to consent of the Board, annually at the first
Board of Directors meeting in January of the subsequent year.
c. Conduct the proceedings of the Board.
d. Sign all ordinances, resolutions and contract documents approved and adopted by the
Board.
The Vice President's duties are set forth in the District's Rules and Regulations and not state
law.
The Vice President carries out the duties of President in the absence of the President. In
addition to 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 the Secretary, Assistant Secretary and Auditor are set forth in the Rules for
Organization and Procedures.
•
•
a. The Secretary, or Assistant Secretary in the absence of the Secretary, attests all
Ordinances and Resolutions approved and adopted by the Board of Directors.
b. Prepares the official record of proceedings or minutes for Board meetings and performs
all duties as prescribed by state law, the Rules for Organization and Procedures, and as
may be imposed by the Board of Directors.
The Auditor shall perform all duties as prescribed by state law, the District's Rules for
Organization and Procedures and as may be imposed by the Board of Directors. State law
forbids a member of the Board of Directors from serving as the General Manager, Secretary,
Assistant Secretary or Auditor. State law allows the same person to be appointed as General
Manager and Secretary or, Secretary and Auditor. State law does forbid the General Manager
from services as Auditor.
Pursuant to Board policy, there is no additional compensation for serving as Secretary,
Assistant Secretary or Auditor if the individual is an employee of the District. If the appointed
individual is not an employee of the District, then the Board of Directors is allowed to set
compensation for that individual.
PRIOR RELEVANT BOARD ACTION(S):
On December 13, 2007, the Board of Directors nominated Director Summerfield as President
and Director Mills as Vice President of the Board of Directors. In addition, the Board appointed
the following as Corporate Officers:
Secretary Michael A. Payne, General Manager
Assistant Secretary Kenneth R. Vecchiarelli, Assistant General Manager
Auditor Diane Cyganik, Finance Director
STAFF RECOMMENDATION:
That the Executive-Administrative-Organizational Committee recommend nomination and
election of a President and Vice President and appointment of the following Corporate Officers:
Secretary Kenneth R. Vecchiarelli, Assistant General Manager
Auditor Diane Cyganik, Finance Director
40
History of Director Seats
Date
Director Director
Election
Dec. 22, 1958
Crist Wagner
Election
Mar. 27, 1962
Crist Wagner
Aug. 8, 1962
Aug. 8, 1962
McGuire appointed
Election
Mar. 24, 1964
Election
Mar. 22, 1966
McGuire Wagner
Jun. 8, 1966
Jun. 8, 1966
1966
Law changed Election date to November - odd number years
Election
Nov. 7, 1967
Election
Nov. 28, 1969
McGuire Wagner
No election - only Incumbents filed.
Election
Nov. 2, 1971
Jul. 26, 1973
Aug. 9, 1973
Lindow appointed
Election
Nov. 6, 1973
Lindow Wagner
Mar. 1, 1975
Apr. 17, 1975
Election
Nov. 4, 1975
Election
Nov. 8, 1977
Lindow Wagner
Mar 2, 1978
Apr. 13, 1978
Cromwell appointed
Election
Nov. 30, 1979
No election - only Incumbents filed.
Election
Nov. 3, 1981
Lindow Cromwell
Apr. 1, 1982
May. 17, 1982
Election
Nov. 8, 1983
Nov. 28, 1984
Jan. 19, 1985
'Director
D
rector
Director
Hastings
i
Codt
Milmoe
Hastings
Clodt
Milmoe
Hastings
Knauft appointed
Clodt
Knauft
Hastings
Clodt
Knauft
Hastings
?~Q9"D~~di81N81%i'
Korn appointed
Korn Clodt Knauft
(To fill unexp. term)
Korn
Clodt Knauft
Korn
•
If.Tr
k1lim ;Armstrong appointed
Clodt Knauft
(To rillunexp.term)
Mills appointed
Election Nov. 5, 1985 Fox Cromwell Armstrong Mills
Lindow didn't run (to fill unexpired term)
No election - only Incumbents filed.
Jan. 12, 1987
Resolution 87-06 changed date to coincide with General Election in even num rer years.
Sep. 1, 1987
Oct. 22, 1987
Election
Nov. 8, 1988
No election - only Incumbents filed.
Jul. 6, 1990
n•
- r.
Election
Nov. 6, 1990
Fox Scanlin
Armstrong
Election
Nov. 3,1992
Election
Nov. 8, 1994
Fox Scanlin
Armstrong
No election - only Incumbents filed.
Election
Nov. 5,1996
No election - only Incumbents filed.
Oct. 17, 1998
Fox moves away - no replacement appointed
lection
Nov. 3, 1998
Barbre Abramowitz
Armstrong
Election
Nov. 7, 2000
Dec.31,2000
1
Feb. 15, 2001
Summerfeld appointed.
Election
Nov. 5, 2002
~mmerfleld -Mills
Armstrong
Election
Nov. 2, 2004
Election
Nov. 7, 2006
Summerfield Mills
Armstrong
No election - only Incumbents filed.
Election
Nov 4, 2008
iTTI • •
Korn appointed
Korn Knauft
Korn
Knauft didn't run
Korn
Beverage
Korn
Beverage
Beverage
Korn didn't run
Korn didn't run
(Schwing-Collette)
(Schwing-Collette)
Collette Beverage
(Rosenberger) (Rosenberger)
is
• • •
President/Vice President rotation
President:
Beverage
Armstrong
1996
Bev
1997
Arm
1998
1999
2000
Bev
v1 l
2001
Arm
a enua
2002
1 UdI
2003
2004
2005
Bev
1 2006
2007
12007
2008
Arm
Collette (Korn)
Col
Korn
Korn
Mills (Abramowitz) (Scanlin)
Scan
Col
Summerfield (Barbre) (Fox)
Mills (Abramowitz) (Scanlin)
Mills
Fox
Sum
Mills
Mills
/1: /1•
MM
__
MM
Vice President:
Beverage
Armstrong
Collett (Korn)
Summerfield (Barbre) (Fox)
1996
Arm
1997
Fox
11998
11999
Bev
2000
Arm
2001
Korn
2002
Sum
2003
2004
Bev
2005
Arm
2006
12007
2008
Col
Sum
Mills (Abramowitz) (Scanlin)
Scan
Mills
Mills
Notes:
1 Assumes each director will remain in service during their current term AND win reelection.
2 Assumes the Board goes back to the tradition of rotating the Presidency which began in 1990.
11•
ITEM NO. `I
AGENDA REPORT
• Committee Meeting Date: November 18, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact: Same
Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: $ 61,740
Funding Source: Water Operating Fund
CEQA Account No: 121780 Job No:
Compliance: N/A Estimated Costs: $ 61,740 Dept: Admin
Subject: Annual Board of Directors Committee Assignments.
SUMMARY:
Immediately following the election of the President of the Board of Directors, the newly elected
President assigns the members of the Board of Directors to the various standing committees.
DISCUSSION:
Pursuant to Board of Directors Rules for Organization and Procedure, the Board has five
• standing committees. Each committee consists of two Directors, and each Director is assigned
to two standing committees.
Standing committees are a means for study and discussion of specific issues facing the District.
They are a source of ideas and a vehicle to garner viewpoints. They handle time consuming
research and special work, which cannot normally be handled by the Board as a whole. The
committees report to the Board giving them policy advice in the areas of each committee's
expertise. They also assist staff in developing work headed to the Board for action.
The following is a description of each standing committee and Directors currently assigned to
each committee.
Executive-Administrative-Organizational Meets 3rd Tuesday @ 4:00 p.m.
Directors Summerfield and Mills To study advise and make recommendations to
Alternate: Collett the Board of Directors with regard to policy,
organization, legislative and legal issues and
the Board Goals Workshop.
•
Finance-Accounting Meets 2nd Monday @ 4:00 p.m.
Directors Beverage and Summerfield To study, advise and make recommendations to
Alternate: Mills the Board of Directors with regard to budgets,
• investments, rates, fees and charges, financial
reports, auditors, and appropriations.
Personnel-Risk Management Meets 2"d Tuesday @ 4:00 p.m.
Directors Armstrong and Collette To study, advise and make recommendations to
Alternate: Summerfield the Board of Directors with regard to personnel,
employee relations, labor related issues and
insurance procurement.
Plan ning-E noineerinq-Operations Meets 1St Thursday @ 4:00 p.m.
Directors Mills and Armstrong To study, advise and make recommendations to
Alternate: Beverage the Board of Directors with regard to five year
plans, construction activities, customer service,
operations and maintenance, building, equipment,
property and fire defenses.
Public Information Technoloov Meets 1 st Tuesday @ 4:00 p.m.
Directors Collett and Beverage To study, advise and make recommendations to
Alternate: Armstrong the Board of Directors with regard to all public
information activities, drought activities, community
involvement and to promote water conservation
• measures.
The Board of Directors currently has four ad-hoc Committees:
OCWD Ad-Hoc Committee
No Directors currently assigned
MWDOC Ad-Hoc Committee
Directors Mills and Collett
Alternate: Summerfield
Temporarily Discontinued
To study, advise and make recommendations to
the Board of Directors with regard to Orange
County Water District policy issues.
Meets every other month 3rd Tuesday 0- 4:00 p.m
To study, advise and make recommendations to
the Board of Directors with regard to Municipal
Water District of Orange County issues.
Building Ad-Hoc Committee Meets 3rd Tuesday (a) 4:00 p.m.
Directors Summerfield and Beverage To study, advise and make recommendations to
Alternate: Armstrong the Board of Directors with regard to the new
administration building issues.
Citv of Placentia Ad-Hoc Committee Meets every other month
Director Beverage and GM To study, advise and make recommendations to
• the Board of Directors with regard to the City of
Placentia regarding water or sewer issues.
The Board of Directors is involved in several Intergovernmental and "Other" meeting
assignments. They include:
0 District/City of YL Finance Committee
Metropolitan Water District:
Municipal Water District of O.C.:
Orange County Water District:
Placentia City Council:
Placentia Planning Commission:
Yorba Linda City Council:
Yorba Linda Planning Commission:
ACWA/JPIA Representative:
ACWA Region 10:
ISDOC:
LAFCO:
WACO:
Assigned to Finance Committee
No assignment
No assignment
No assignment
No assignment
No assignment
Director Mills and Director Mills
Director Collett and Director Armstrong
Director Mills; Director Armstrong (Alternate)
No assignment
Director Mills
Director Beverage
Director Mills
PRIOR RELEVANT BOARD ACTION(S):
The newly elected Board President assigns each Board member to various committee
assignments for the upcoming year in January. President Summerfield made the current
committee assignments in January 2008.
STAFF RECOMMENDATION:
• That the Executive-Administrative-Organizational Committee review the current committee
structure and if changes are deemed necessary, provide a recommendation to the Board of
Directors.
0
ITEM NO. 6'
AGENDA REPORT
. Committee Meeting Date: November 10, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact:
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $ 61,740
Funding Source: Water Operating Fund
CEQA Account No: 111440 Job No:
Compliance: N/A Estimated Costs: $ 61,740 Dept: Admin
Subject: Annual Review and Consideration of the Board of Director's Compensation
SUMMARY:
Each year the Board of Directors reviews their compensation for attending the various meetings
for the upcoming year. The current compensation is set at $150.00 per day for each day's
service rendered as a member of the Board of Directors up to a maximum of ten days per
month.
DISCUSSION:
• Ordinance No. 03-01 does not include a provision for automatic five percent annual increases.
An adjustment in Board compensation requires a public hearing and adopting a new ordinance
that must be published in a local newspaper before it is effective. State law allows the Board to
adjust compensation by a maximum of five percent once each calendar year. For 2009, the
Board could adjust their compensation by five percent to a maximum of $157.50 per meeting.
The approved budget for Director's salaries for the fiscal year 2008-2009 is $61,740. The total
was calculated using the compensation policy set forth in Ordinance 03-01 applied to an
estimated number of Board, Committee and other meetings each Director attends. If all
directors attended the maximum of 10 meetings a month for the entire year based upon the
current compensation rate, the compensation would be $90,000.
PRIOR RELEVANT BOARD ACTION(S):
In January 2003, the Board of Directors adopted Ordinance 03-01 which set the current
compensation at $150.00 per day for each day's service rendered as a member of the Board of
Directors up to a maximum of ten days per month. On November 21, 2007, the Board of
Directors voted to leave the compensation rate at its current level with no increase.
STAFF RECOMMENDATION:
It is recommended that the committee provide a recommendation to the Board of Directors on
the Board of Director's Compensation.
•
U
Year Internal External
1991
$125
$50
1992
$125
$50
1993
$125
$50
1994
$125
$50
1995
$125
$50
1996
$125
$50
1997
$125
$50
1998
$125
$50
1999
$125
$50
2000
$125
$50
2001
$125
$50
2002
$125
$50
2003
$150
$150
2004
$150
$150
2005
$150
$150
2006
$150
$150
2007
$150
$150
2008
$150
$150
2009
Maximum
Adjustment
<< Changed to single rate
$ 7.50
Pay rule: Increase by 5% per year. CANNOT compound increases.
0
ITEM NO. /O
Barry S. Brokaw Sacramento Advocates, Inc.
Donne Brownsey A California based Public Affairs and Governmental Relations Firm
Daniel E. Boatwright 1215 K Street, Suite 2030 - Sacramento, CA 95814
• General Counsel Phone (916) 448-1222 • Fax (916) 448-1121
MEMORANDUM
To: Yorba Linda Water District Board of Directors
From: Barry Brokaw
Re: State Capitol Monthly Update
Date: November 14, 2008
Overview
In my report last month, I wrote that the Governor's Department of Finance reported revenues were running
under expectations, and it appeared to them that the State Budget would be running $3.2 billion in the red by
the June 30, 2009 closer of this fiscal year. State Treasurer Bill Lockyer examined the same data and predicted
the deficit would be $4.6 billion. Looking back, that was a very cheery prediction.
Just last week, Governor Schwarzenegger announced the state budget deficit was now running at a rate of
$11.2 billion by the close of this fiscal year, with red ink continuing through June 2010 producing a deficit
currently estimated to be $24.2 billion by June 2010. The total State General Fund is $103 billion, so cuts
alone won't come close to solving a problem of this magnitude.
• The Governor announced a plan earlier this month to close to close $9.2 billion of the $11.2 billion budget
deficit and called the Legislature into a lame duck Special Session to confront the problem. Legislative
committees have begun holding hearings on the budget crisis and the Governor's plan to address the crisis.
His plan currently calls for:
$4.7 BILLION IN TAX INCREASES, INCLUDING:
• Increasing the sales tax for three years by 1 1/2 cents on the dollar
• Expanding the sales tax to include some services, including car repair, furniture repair, sports
events, amusement parks, and playing a round of golf.
• an oil severance tax on crude oil produced in California
$4.5 BILLION IN CUTS, INCLUDING:
• A $2.5 billion cut to K-12 public schools
• Furloughing state employees one day a month and eliminating Columbus Day and Lincoln's
Birthday as paid state holidays (losing two of their 13 paid holidays).
The Politics of the ChallenLye
The Governor is entering the most challenging budget negotiations of his five-year tenure. His plan relies
on GOP legislators voting for $4.7 billion in taxes less palatable than those they rejected this summer
during the record 85-day budget stalemate. It also asks Democrats to accept a $4.5 billion round of cuts in
• education, social services, and furloughs of union employees.
Even then, the plan falls $2 billion short of closing the entire projected $11.2 billion gap through June
2009, according to Department of Finance Director Michael Genest. Without immediate action, the state
will run out of cash by February. Additionally, without immediate action, the cuts and tax increases likely
needed to bring the deficit under control will need to be even more significant as the state moves into the
• next budget year. A continuing drop in the economy, also likely, could make the deficit even greater,
evidenced by the just-released analysis of the problem by the non-partisan Office of the Legislative
Analyst. The LAO believes the state faces a nearly $28 billion hole through June, 2010, above the $24.2
billion projected by the Department of Finance. It is extremely difficult to keep up with the continuing
negative economic news.
With a two-thirds vote of the Legislature required for budget passage, it is apparent that Democrats and
Republicans are going to have to make significant gives on this one. The question is whether they will
have the political will to achieve a solution.
The Legislative Analvst Proiects Maior Problems Through 2013-14
In a report issued this week, the LAO piled on with more tough news. The key points were these:
State Faces $27.8 Billion Shortfall. The LAO concurs with the administration's assessment that the
state's struggling economy signals a major reduction in expected revenues. Combined with rising state
expenses, they project that the state will need $27.8 billion in budget solutions over the next 20 months.
Long-Term Outlook Similarly Bleak. The state's revenue collapse is so dramatic and the underlying
economic factors are so weak that they forecast huge budget shortfalls through 2013-14 absent corrective
action. From 2010-11 through 2013-14, they project annual shortfalls that are consistently in the range of
$22 billion.
Early Action Is Critical
Lastly, the LAO said, "With the expected slow recovery of the state's economy, it is imperative that the
• Legislature attack the grim budget problem aggressively, making permanent improvements to the state's
fiscal outlook. If the state has any hope of developing a fiscally responsible 2009-10 budget, it must begin
acting now."
The New Legislature Commences Work on December 1. 2008
The lame duck Special Session will conclude November 30, 2008 and the newly elected legislators will
pick up the problem after being sworn in on December 1, 2008, assuming there is no resolution over the
next two weeks. The Assembly picked up a net of two Democratic seats, and the margin is now 50D-30R.
It appears that the Senate will remain 2513-15R. Four Assembly Republican votes would be required for
new taxes, and two Senate Republican votes would be required. It is quite clear that the fiscal problems of
the state will dominate the upcoming year, although the Governor continues to say he will press for a $10
billion General Obligation water bond for the 2010 state ballot. He views that matter as a critically
important "investment" as opposed to expenditure.
Stay tuned for the December report. Bets on the new deficit figure next month?
•
2
ITEM NO. /r
Toinsend
• PUBLIC AFFAIRS, INC.
MEMORANDUM
To: Yorba Linda Water District, Executive Committee
From: Christopher Townsend, President
Sean Fitzgerald, Senior Director
Heather Dion, Director
Date: November 14, 2008
Subject: Activity Report
State Political Hiahliahts
On October 28th, at an impromptu press conference in front of the Governor's Office, the
Governor announced that he plans to call the Legislature back into special session on
November 5th to deal with the growing budget deficit. Just five weeks after the Governor
signed the 2008-09 budget, there are estimates that the current budget deficit is at least $3
billion and is likely significantly higher. The Department of Finance is expected to weigh in
prior to the special session with a more accurate accounting of the budget deficit.
• In his press conference the Governor seemed to indicate that everything would be on the
table in this lame-duck session, including: tax credits, revenue enhancements, accelerated
issuance of infrastructure bonds, mortgage reform, and traditional budget cuts. The exact
parameters of the special session will not be known until the Governor issues his
proclamation calling for the special session.
Once back in session, the current Legislature will have to move quickly as the new session
begins on December 1St and at that point a new special session would have to be called
with the incoming members of the Legislature. Additionally, provisions of the California
Constitution will result in the Legislature having less than two weeks to craft a solution to
this budget problem, which will likely require a two-thirds vote of each house of the
Legislature. The legislature only has until November 15th to send all legislation to the
Governor for consideration, which is a mere 10 days to add on major fiscal issues.
During the press conference the Big 5 did not announce any concrete solutions, but did
announce that they are in contact daily and planned to establish a independent commission
to review and make recommendations on how to improve California's tax code.
Subsequently, the Governor held a press conference the Thursday following the election to
outline his priorities for the special session related to the budget.
Prior to speaking about solutions, the Governor confirmed previous rumors that the State is
• facing a proposed deficit of $11.2 billion in the current fiscal year. Additionally, the State is
facing another cash crisis and will likely run out of cash in February or March. In order to
address this deficit the Governor, and future deficits, the Governor outlined five areas that
the legislature should address in the special session:
Reduction in soendina on current vear Droarams
• The Governor is proposing to reduce current year spending on state programs by
$4.5 billion. These reductions will likely include cuts to education and health and
human services programs. Additionally, the Governor spoke about the possibility of
a furlough program for state employees where they would take one day a month off
unpaid. The Governor did mention that he does not want to have to make cuts to
public safety and other key programs.
Increase in revenues
• The Governor has proposed that the State raise revenues to generate $4.4 billion in
the current year. The cornerstone of this proposal would be a temporary sales tax
increase of 1.5%. The Governor dismissed the idea of raising the VLF (even though
there is a proposed $12 increase in "motor vehicle fees"), citing the struggles of the
auto industry and not wanting to add to their problems. The Governor acknowledged
that it would be difficult to get the required two-thirds vote, but indicated that given
the current economy and with the passage of the elections, some legislators may be
willing to vote for revenue enhancements.
Economic stimulus
• The Governor is in favor of rapidly dispersing bond funds, including: $204 million in
water bond funding (Prop 1 E), $700 million in transportation bond funding, etc. The
Governor also proposed non-funding proposals aimed at expediting projects, such
as exempting bond projects from CEQA, expedited permitting for hospital
construction, and labor law reform (flex scheduling, etc).
• Stabilize foreclosure/housina market
The Governor urged the legislature to take up measures which would provide
incentives for the modification of bad loans. Additionally, he will work with the feds
to expedite previously approved emergency housing funding.
Unemolovment Insurance Fund
The Governor acknowledged that the UIF is facing insolvency at a time when it is
needed most. The Governor will work with the legislature to pass legislation that
would require business to slightly increase their contributions to the fund while
slightly reducing the benefits.
Both houses of the Legislature are set to meet this week; however, it is unlikely that any real
action will be taken. The Legislature will convene the session, form committees and then
adjourn for the day. The bulk of this work will be done in Big 5 meetings and not through
public committee hearings.
The Legislature has a very short timeframe in which to enact the above measures. There is
some debate as to when the legislature must act by, but it is agreed that if the Legislature
does not act by November 30th, the special session will need to be closed and then a new
session would need to be convened once the new legislature is sworn in on December 1St
As of this writing the Governor has not called the Legislature back into session.
U
• • •
Vnrha I inrin Wnfnr Ilicfrir-f
PROGRAM OR FUNDING
OPPORTUNITY
FUNDING
AMOUNT
CURRENT STATUS
CURRENT ACTIVITIES
UPDATE
Current Opportunities
Pending•
FY 09 Federal
Total request in
Appropriation form
TPA continues to
11 /14- Congress will be
Appropriations -
FY 09: $1.6
submitted to Congressman
advocate with Miller's
going back into session
Highland Reservoir
million
Miller's office and pending
D.C. and District offices,
starting the 17th. At that
Replacement Project
subcommittee markup, which
and with the Congressman
point it is likely they will
is not likely to occur until
himself on this request.
pass another continuing
after the November election.
We are also working with
resolution until the
Congressman Calvert's
remaining FY 09 spending
office in support of the
bills can be agreed upon.
request given his
Decisions on these bills
appropriations committee
may not come until after
position. We have
the 1s' of the year.
recently spoken with Mr.
However, there may be
Miller's office about the
another opportunity for
possibility of having the
Congress to fund
reservoir enhancements
infrastructure projects
funded through the House
already in the pipeline for
proposed Economic
funding through the
Stimulus package. This
proposed $120 billion
bill is currently pending
economic stimulus
upon the return of
package. This package
Congress after the
will be taken up upon the
election.
return of Congress in mid
November. Also, there is
likely going to be two
economic stimulus
packages. The first would
Townsend Public Affairs, Inc. November 14, 2008
• • •
Yorba Linda Water District
Fundinq Opportunity Matrix
Townsend Public Affairs, Inc. November 14, 2008
be to deal with the
unemployment rate,
occurring immediately
and creating funding
before the end of the
year. The second
package to be considered
in spring of 2009 would be
funding for public
infrastructure projects
such as water and
transportation.
FY 2010 - Water
TBD
WRDA forms for the Bryant
Senator Boxer's
11 /14- Congressman
Resources
Ranch Non - potable Irrigation
Environment and Public
Miller's call for WRDA
Development Act
System were submitted to
Works staff is finalizing
projects occurred in May
(WRDA) Call for
both Congressman Miller and
the collection of forms
2008, Senator Boxer's
Projects
Senator Boxer.
and the official
form was just due on
reauthorization process
September 12th. TPA
will begin early summer
submitted the Boxer
2009
form on September 9th.
Senator Boxer is prepared
to begin working on a
WRDA reauthorization in
the spring or summer of
2009. This first call for
projects is an attempt to
see how many requests
came forward and the
overall funding needs
nationally for such
funding.
Townsend Public Affairs, Inc. November 14, 2008
• • 0
Yorba Linda Water District
Fundinq Opportunity Matrix
Proposition 50 - Dept.
Total request in
This pre - proposal grant was
TPA continues to monitor
11 /14 - We are just
of Public Health Grant
FY 08: $500,000
submitted in November 2007.
DPH's release of those
waiting on the remainder
Program - Non potable
DPH did release a partial
applications that will be
of the list to be published
Irrigation Project
listing of pre - proposals that
invited back to submit for
which should include
will be invited back for the
the full proposal round.
YLWD's submissions.
full proposal phase, but the
entire list was not posted.
DPH estimates the remainder
of the list will be available at
the end of November.
Should YLWD be invited back
for the full proposal phase,
the list out at the November
would include it.
Proposition 50- Dept.
Total request in
This pre - proposal grant was
TPA continues to monitor
11 /14- The final list is
of Public Health Grant
FY 08: $380,000
submitted in November 2007.
DPH's release of those
still pending.
Program - Well Head
DPH has not released a list of
applications that will be
No. 15, Removal of
applicants who will be
invited back to submit in
Arsenic and Maganese
invited back for the full
the full proposal round.
proposal round.
Future Opportunities:
Proposition 50 - Dept.
TBD - DWR is
The grant application
TPA is working with YLWD
11 /14 -- Originally this
of Water Resources
currently
submission grant is unknown
to decide on an
pre - proposal application
Water Use Efficiency
updating the
at this point.
appropriate project
was due on August 20th,
Grant Program
guidelines.
application for this
but DWR is reworking the
opportunity.
guidelines and has not yet
determined when the
applications will be due.
Townsend Public Affairs, Inc. November 14, 2008
• • •
Yorba Linda Water District
Fundina Omortunity Matrix
Townsend Public Affairs, Inc. November 14, 2008
DWR continues to
postpone a call for
projects at this time.
However, based on the
Governor and
Legislature's effort to fast
track existing
unappropriated
infrastructure bond
funding, we expect to see
a call for project in very
early 2009
Proposition 84 -
TBD- DWR is
There are two planning
TPA is working with YLWD
11 /14- DWR has not yet
Integrated Regional
planning on
processes occurring that
staff to be included in
finalized the draft
Water Management
sending out
YLWD has the opportunity to
both of the planning
guidelines for the Prop 84
Program
draft guidelines
be included in. The first is
processes, and determine
IRWMP, but expects to
for public
the SAWPA One Watershed
eligible projects for
release those very late
comment late
process. The second is the
submission into the plans.
this year or early next
summer 2008.
County of Orange's North
year. From that point
County IRWMP.
regional plans must first
go through a regional
acceptance check off with
DWR to even apply for
funding. Both SAWPA and
the County of Orange are
preparing to submit to
receive regional
acceptance and
subsequently request for
projects from individual
agencies and sub - regions
all within the Santa Ana
Townsend Public Affairs, Inc. November 14, 2008
• • •
Yorba Linda Water District
Fundinq Opportunity Matrix
Townsend Public Affairs, Inc. November 14, 2008
Regional Funding area.
Proposition 84 - Park
With the passage
YLWD staff has identified a
The Legislature did not
11 /14- Our first step is to
Funding
of AB 31, the
number of reservoirs that
actually appropriate a
fully develop a
Dept. of Parks
could be recovered with
first round of funding
partnership between the
and Recreation
synthetic turf for city and
from the $400 million.
School District and the
have now begun
school district recreational
However, DPR plans to
YLWD to begin developing
to development
use. We will be exploring this
move forward with the
the outline for a project
grant guidelines
partnership this fall in order
grant process with the
and ultimately a grant
to expend the
to begin developing a
idea that the Legislature
application. We will work
$400 million in
comprehensive project
will put money into the
with the YLWD staff on
Prop 84 for
outline for implementation
FY 2010 budget and thus
setting up these meeting
passive and
on the synthetic turf plan.
DPR can award funding
between now and the
active use parks.
once the budget is
holiday season.
approved next year.
Townsend Public Affairs, Inc. November 14, 2008