Orange County Mosquito and Vector Control District Serving Orange County Since 1947

Transcription

1 Orange County Mosquito and Vector Control District Serving Orange County Since 1947 NOMINATING COMMITTEE MEETING 2:30 P.M. NOTICE AND AGENDA OF THE REGULAR SPECIAL MEETING OF THE BOARD OF TRUSTEES THURSDAY JANUARY 19, ND REGULAR SPECIAL MEETING 3:00 P.M GARDEN GROVE BLVD. GARDEN GROVE, CA WEBSITE ADDRESS: REGULAR SPECIAL MEETING 3:00 P.M. A. PLEDGE OF ALLEGIANCE, ROLL CALL, AND LATE COMMUNICATIONS 1. Call business meeting to order 3:00 p.m. 2. Pledge of Allegiance 3. Roll Call - (If absences occur, consider whether to deem those absences excused based on facts presented for the absence such determination shall be the permission required by law.) 4. Report of Nominating Committee 5. Election of Officers for 2017 Executive Board PRESIDENT: Dr. Allan Bernstein Tustin VICE-PRESIDENT: Constance Underhill Placentia SECRETARY: Barbara Kogerman Laguna Hills Aliso Viejo Phillip B. Tsunoda Lake Forest Scott Voigts Anaheim Lucille Kring Los Alamitos Warren Kusumoto Brea Cecilia Hupp Mission Viejo Dave Leckness Buena Park Michael Davis Newport Beach Scott Peotter Costa Mesa Sandra Genis Orange Michael Alvarez Cypress Stacy Berry Placentia Craig Green Dana Point Carlos N. Olvera Rancho Santa Margarita April Josephson Fountain Valley Cheryl Brothers San Clemente Jim Dahl Fullerton Jan M. Flory San Juan Capistrano Pam Patterson Garden Grove Stephanie Klopfenstein Santa Ana Roman Reyna Huntington Beach Mike Posey Seal Beach Sandra Massa-Lavitt Irvine Lynn Schott Stanton Al Ethans La Habra James Gomez Tustin Letitia Clark La Palma Marshall Goodman Villa Park Bill Nelson Laguna Beach Toni Iseman Westminster Sergio Contreras Laguna Niguel John Mark Jennings Yorba Linda Peggy Huang Laguna Woods Shari Horne County of Orange Lilly Simmering

2 6. Late Communications B. PUBLIC COMMENTS (Individual Public Comments will be limited to a 3-minute time limit) During Public Comments, the public may address the Board on any issue within the District s jurisdiction which is not on the agenda. The public may comment on any item on the Agenda at the time that item is before the Board for consideration. Any person wishing to speak must come up and speak from the podium. There will be no dialog between the Board and the commenter. Any clarifying questions from the Board must go through the Board President. C. PRESENTATIONS 1. Recognize Outgoing President 2. Recognize Outgoing Trustees 3. Recognize Trustee for Five Years of Service 4. Roland Jen, Urban Water Compliance Planner, will give a presentation entitled Mosquito and Infrastructure: the Need for Source Reduction D. OCMVCD COMMITTEE REPORTS TO THE BOARD OF TRUSTEES E. CONSENT CALENDAR All matters listed under the CONSENT CALENDAR are considered by the District to be routine and will be enacted by one motion. Any member of the Board may pull an item from the Consent Calendar for additional clarification or action. 1. Approval of DRAFT minutes of regular meeting for December 15, Approve Warrant Register for December 2016 (Exhibit A) 3. Approve Monthly Financial Report for October, November, December 2016 (Exhibit A) F. BUSINESS AND ACTION ITEMS 1. Discussion and Consideration of replacing Robert s Rules of Order with Rosenberg s Rules of Order for matters of parliamentary procedure (Exhibit A, B) 2. Purchasing and Procurement Policy Update (Exhibit A) G. INFORMATIONAL ITEMS ONLY (NO ACTION NECESSARY) 1. Staff Presentation: Senior staff will give a year in review of vector activity in Orange County in Appointment of Trustee Representatives 3. Board of Trustee Committee Assignments (Exhibit A, B) Trustee Attendance Report (Exhibit A) 5. Authorized List of Wire Transfer Beneficiaries 6. Report of District Activities H. PRESIDENT S REPORT AND TRUSTEE COMMENTS I. DISTRICT MANAGER S REPORT Discussion and Possible Action J. DISTRICT LEGAL COUNSEL REPORT Discussion and Possible Action

3 CLOSING K. CORRESPONDENCE Discussion and Possible Action No correspondence this month L. FUTURE AGENDA ITEMS M. ADJOURNMENT 1. Adjourn to the next Regular meeting of February 9, 2017 starting at 3:00 p.m. at the Orange County Mosquito and Vector Control District offices, Garden Grove, CA This agenda shall be made available upon request in alternative formats to persons with a disability, as required by the American with Disabilities Act of 1990 (42 U.S.C ) and the Ralph M. Brown Act (California Government Code ). Persons requesting a disability related modification or accommodation in order to participate in the meeting should contact the Orange County Mosquito and Vector Control District at ( ), during regular business hours, at least twenty-four hours prior to the time of the meeting. "Materials related to an item on the Agenda submitted after distribution of the agenda packet are available for public inspection in the District Office located at Orange County Mosquito and Vector Control District offices, Garden Grove, CA during normal business hours."

4 NOMINATING COMMITTEE MEETING NOTICE JANUARY 19, :30 P.M. TO: Nominating Committee: James Gomez Toni Iseman Jim Dahl La Habra Laguna Beach San Clemente FROM: Tawnia Pett, Executive Assistant/Clerk of the Board RE: Nominating Committee Meeting: 2:30 p.m., Thursday, January 19, 2017 Orange County Mosquito and Vector Control District Garden Grove Blvd., Garden Grove, CA AGENDA 1. Public Comments 2. Select and Recommend One Candidate for Each Office of the Executive Board as per the District Operations Code : Election of Officers (Agenda Item A.5) 3. Adjourn tep

5 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # A.4 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: Report of Nominating Committee Recommended Action: Executive Summary: At the December 15, 2016 Board of Trustees Meeting, President Dr. Bernstein appointed the Nominating Committee: Trustees Kring, Iseman, and Dahl. On January 9, 2017, Trustee Kring resigned from the Nominating Committee and Trustee Gomez was selected to take her place on the committee. The Nominating Committee met and will give its report at the January 19, Board Meeting, announcing one nominee for each office of the Board of Trustees to serve in Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits:

6 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # A.5 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: Election of Officers Recommended Action: Elect a President, Vice-President, and Secretary to serve as the 2017 Executive Board. Executive Summary: Nominations from the floor can be made at this time. Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits:

7 C. PRESENTATIONS 1. RECOGNIZE OUTGOING PRESIDENT 2. RECOGNIZE OUTGOING TRUSTEES 3. RECOGNIZE TRUSTEE FOR FIVE YEARS OF SERVICE 4. ROLAND JEN, URBAN WATER COMPLIANCE PLANNER, WILL GIVE A PRESENTATION ENTITLED MOSQUITO AND INFRASTRUCTURE: THE NEED FOR SOURCE REDUCTION

8 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # C.1 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: Recognition of Outgoing President Recommended Action: Executive Summary: Incoming President will present a plaque to outgoing President Dr. Bernstein Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits:

9 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # C.2 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: Recognition of Outgoing Trustees Recommended Action: Executive Summary: President will present a plaque to Trustees Marcario, Sullivan, Hwangbo, Slusiewicz, Underhill, Levitt, and Bernstein Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits:

10 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # C.3 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: Recognize Trustee for Five Years of Service Recommended Action: Recognize Trustee Davis from the City of Buena Park for completing more than five years of service Executive Summary: Trustee Davis, from the City of Buena Park completed five years and eight months of service on the Board of Trustees. Trustee Davis served on the Board from May 1995 to January 1997 and again since February During his two terms on the Board, he has served on the Finance Committee, Property & Building Committee, the Building, Property, & Equipment Committee, the Ad Hoc Nuisance Abatement Committee, and the Nuisance Abatement Committee. Trustee Davis has attended 59 of 68 meetings for an 87 percent attendance record. The Board President will present Trustee Davis with a certificate recognizing five years of service at the January Board Meeting. Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits:

11 D. OCMVCD COMMITTEE REPORTS TO THE BOARD OF TRUSTEES

12 E. CONSENT CALENDAR All matters listed under the CONSENT CALENDAR are considered by the District to be routine and will be enacted by one motion. Any member of the Board may pull an item from the Consent Calendar for additional clarification of action. 1. APPROVAL OF DRAFT MINUTES OF THE REGULAR MEETING FOR DECEMBER 15, APPROVE WARRANT REGISTER FOR THE PERIOD DECEMBER 1 TO DECEMBER 31, 2016 (EXHIBIT A) 3. APPROVE MONTHLY FINANCIAL REPORT FOR OCTOBER, NOVEMBER, DECEMBER 2016 (EXHIBIT A)

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18 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # E.2 AGENDA REPORT Prepared By: Submitted By: Terry Pospisil, Accounting Specialist Rick Howard, District Manager Agenda Title: Warrant Register for December 2016 Recommended Action: Receive and file. Executive Summary: Receive and file payment of warrant register (Exhibit A) dated January 19, 2017 in the amount of $547, as presented by in-house check runs dated November 30, 2016 and December 1, 2, 5, 8, 12, 14, 15, 19, 21, 22, 28, 29, and 30, Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: Exhibits: Exhibit A: December Warrant Report

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38 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # E.3 AGENDA REPORT Prepared By: Submitted By: Debi Kimball, Accounting Supervisor Rick Howard, District Manager Agenda Title: Monthly Financial Reports for October, November, and December 2016 Recommended Action: Receive and file. Executive Summary: Accept for inclusion as Exhibit A, the Orange County Mosquito and Vector Control District Monthly Financial Reports for October, November, and December Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: Exhibits: Exhibit A: Monthly Financial Report for October, November, December 2016

39 Fund No Orange County Mosquito and Vector Control District Monthly Financial Report Month Ending October 31, 2016 Cash Balance Accrual Cash Balance Adjustment 10/31/ ,918, , , ,469 1,147,010 1,316, ,527 12, ,473 1,056,500. $ (10,294) 252,184 (10,231) $ 9,365,277 Fund 9/ Revenue Expenditures Transfers Operating 4,608,104 33, ,698 Vehicle Replacement 525, Liability Reserve 457, Equipment Replacement 368, Emergency Veclor Control 1,145,119 1,891 Facility Improvement 1,300,468 29,569 11,751 Habitat Remediation 166,527 Environmental Fund 12,064 Retiree Medical Insurance 129,556 2,065 12,148 Retirement Contingency 1,054,931 1,569 Payroll Clearing 262,458 $ 10,051,530 $ 70,575 $ 746,597 $ Cash Balance 9/30/2015 4,214, , , , ,099 1,036, ,732 7, ,238 1,050,933 (6,870) $ 8,931,882 Note: The PARS OPEB Trust has a balance of $2,874,442 as of 7/31/2016 (the most recent information available). These monies are held In an Irrevocable trust and are to be used exclusively for retiree medical payments. Cash Reconclllatlon Califomla LAIF 0.C. Treasurer F&M Checking Payroll Checking F&MHBP Petty Cash Checking Cash and tnvestments 7,184,988 1,625, ,340 26,096 46,430 10,000 $ 9,36$, % 0.75% 0.05% 1}1labUA1W1o Finance Contractor Debi Kimball Accounting Supervisor Monthly Cash Flow Month Revenue July $ 36,304 August $ 48,955 September $ 157,716 October $ 70,575 November $. December $. January $. February $. March $. April $. May $. Expenditures Transfers $ 1,511,897 $. $ 1,092,890 $. $ 1,168,491 $. $ 746,597 $. $. $. $. $. s. $. $. $. $. $. $. $. $. $. $. $. Accrual Monthly F/Y '15-'16 Adjustment Cash Flow Comparison $ (5,726) $ (1,481,319) $ (1,561,391) $ 17,730 $ (1,026,205) $ 206,921 $ (803,854) $ (10,231) $ (686,253) $. $. $. $. $. $. $. $. $. $. $. $. $. $. $. $. $ (887,164) $ (844,400) $ (728,065) $ 244,842 $ 4,070,508 $ (217,070) $ (734,755) $ (108,703) $ 3,125,085 $ ( June $. $ (831,883) ftotalytd $ 313,550 $ 4,519,875 $ $ 208,694 $ (3,997,63111 $ 1,131,777 j Agenda for the 842nd Meeting, January 19, 2017 Exhibit A (Agenda Item E.3) Page 1 of 10 pages

40 Revenues: 33% of Fiscal Year YeertoOate No peratlng Fund Annual Budget Actual Percentage Property Taxes 5,350, , % 1996 Benefit Assessment 1,550, % 2004 Benefit Assessment 5,602, % Interest and Concessions 18,250 9, % Miscellaneous 10,000 1, % Pass thru Money 225, % Rent for Cel Siles 26,300 12, % VCJPA Pooled Services 50, % Charges fof Services 64,000 15, % $ 12,895,550 $ 192, % Other Funds Budget Actual Percentage Vehicle Replacement 2, % llabinty Reserve 1, % Equipment Replacement 1, % Emergency Vector Control 3,200 1, % Facility Improvement 293, , % Retiree Medical Insurance 158,000 9, % Retirement Contingency 2,500 1, % Total Revenue $ 13,357,450 $ 313, % 'The major distributions of property lax and benefit assessments occur In four installments: December, January, April, and May. Rec'd August payment early & unbudgeted Crown Castle site rental Refund typically rec'd In November. Annual service levels vary and are invoiced after the fact. ID I Expenditures: 33% of Fiscal Year Program Budget Actual Trustees 50,750 12,194 Percentage... District Manager 338, , % legal Services 195,000 27, % Non-Departmental 433, , % Discovery Cube Final Installment ExacuUve $ 1,018,260 $ 367, % Administrative Services 781, , % Insurance 496, % AdmlnlstraUve Services $ 1,278,340 $ 862, % Technical Services 1,547, , % SclenUflc Technical Services $ 1,547,640 $ 517, % Field Operations 6,424,080 2,068, % Vehicle Maintenance 689, , % Building Maintenance 179,325 50, % OperaUons $ 7,293,110 $ 2,287, /4 Public Information 862, , % Information Technology 757, , % Public Service 149,330 46, % Public Information $ 1,768,660 $ 407, % Total Operating Fund Expenditures $ 12,905,910 $ 4,441, % Vehicle Replacement 0.0% Llablllty Reserve 0.0% Equipment Replacement 0.0% Emergency Vactor Control 0.0% Faclllty Improvement 442,100 17, % Habitat Remediation 1, % Envltonmental 0.0% Retiree Medical Insurance 158,000 60, % ReUrement Contingency 00% Total Other Funds I Annual Workers Comp Liabllity & Property Insurance Agenda for the 842nd Meeting, January 19, 2017 Exhibit A (Agenda Item E.3) Page 2 of 10 pages

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46 Orange County Mosquito and Vector Control District Monthly Financial Report Month Endina December 31, 2016 Fund No Fund Operating Vehicle Replacement Liability Reserve Equipment Replacement Emergency Vector Control Facility Improvement Habitat Remediation Environmental Fund Retiree Medical Insurance Retiremenl Contingency Payroll Clearing Cash Balance 11/30/2016 4,712, , , ,469 1,147,010 1,337, ,527 12, ,083 1,056,500 44,518 Revenue 5,431,575 27,703 1,996 Ea:pendlturn 837,388 4,335 12,411 Transfers $ 9,969,833 $ 5,461,273 $ 854,135 $. Accrual Adlustment 4,739 2,713 (33,657) $ (26,206) Cash Balance 12/31/2016 9,311, , , ,469 1,147,010 1,361, ,527 12, ,380 1,056,500 10,861 s 14,550,765 Cash Balance 12/31/2015 7,995, , , , ,943 1,088, ,659 19, , ,456 65,647 $ 12,519,167 Cash Reconciliation California LAIF O.C. Treasurer F&M Checking Payroll Checking F&MHBP Petty Cash Checking Cash and Investments 12,079,988 1,627, ,107 33,077 99,219 10,000 14,550, % 0.75% 0.05% Note: The PARS OPEB Trust has a balance of $2,838,744 as of 10/31/2016 (Ule most recent Information available). These monies are held In an Irrevocable trust and are to be used ea:cluslvely for retiree medical payments. lomc fo Finance Contractor Debi Kimball Accounting Supervisor Monthly Cash Flow Accrual Monthly Month Revenue Expenditures Transfers Adjustment Cash Flow July $ 36,304 $ 1,511,897 $. $ (5,726) S (1,481,3191 F/Y '15-'16 Comparison $ (1,561,391) August $ 48,955 $ 1,092,890 $. $ 17,730 $ (1,026,2051 September $ 157,716 $ 1,168,491 $. $ 206,921 $ (803,854) $ (887,164) $ (844,400) October $ 70,575 s 746,597 $. s (10,231) $ (686,253) November $ 1,563,549 s 750,114 $. s (208,879) $ 604,556 s (728,065) s 244,842 December $ 5,461,273 $ 854,135 $. s (26,ZO&J $ 4,580,932 January $. $. $. $. $. February $. $. $. $. s. March $. s. $. $. $. April s. $. $. $. $. May $. s. $. s. $. June $. s. $. s. $. TotalYTD $ 7,338,372 $ 6,124,123 $. $ (26,391) $ 1,187,857 $ 4,070,508 $ (217,0701 $ (734,755) s (108,7031 $ 3,125,085 s (395,227) s (831,883) $ 1,131,777 Agenda for the 842nd Meeting, January 19, 2017 Exhibit A (Agenda Item E.3) Page 8 of 10 pages

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49 F. BUSINESS AND ACTION ITEMS 1. DISCUSSION AND CONSIDERATION OF REPLACING ROBERT S RULES OF ORDER WITH ROSENBERG S RULES OF ORDER FOR MATTERS OF PARLIAMENTARY PROCEDURE (EXHIBIT A, B) 2. PURCHASING AND PROCUREMENT POLICY UPDATE (EXHIBIT A)

50 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # F.1 AGENDA REPORT Prepared By: Submitted By: Rick Howard, District Manager Rick Howard, District Manager Agenda Title: Discussion and Consideration of replacing Robert s Rules of Order with Rosenberg s Rules of Order for matters of parliamentary procedure. Recommended Action: Provide direction and prepare and Ordinance amending the District s Operations Code Section and naming Rosenberg s Rules of Order as the official parliamentary procedure of the District. Executive Summary: At the November 17, 2016 Board meeting, the Board continued to December consideration of the District s recommended parliamentary procedure transition from Robert s Rules of Order to Rosenberg s Rules of Order. The Orange County Mosquito and Vector Control District Operations Code Section stipulates Robert s Rules of Order as the parliamentary procedure for running the District s public meetings. Robert s Rules of Order were developed for a Parliamentary form of Government. However, many of the procedures in Robert s Rules of Order are inconsistent and conflict with the California Brown Act and established rights and principles of local government in California. In addition, Robert s Rules of Order are extremely complex, cumbersome, and intimidating for many elected officials. The current edition of Robert s Rules of Order is contained in a paperback book that exceeds 800 pages. Rosenberg s Rules of Order were established by former city of Davis councilmember, Yolo County Supervisor, and current Superior Court Judge. The rules are a simplified set of parliamentary procedures tailored for local governments. They are consistent with the Brown Act and address the typical procedural situations that the District and other local governments encounter. The current edition of Rosenberg s Rules of Order is contained in a 5 page pamphlet, a copy of which is attached hereto. More and more public agencies up and down the state have transitioned to Rosenberg s Rules of Order. Additionally, both the League of California Cities and the California Special District Association have encouraged their member agencies to make the transition to a much less cumbersome procedure as they are user friendly and easy to understand and implement. If necessary, District Counsel will prepare an amended Section of the Operations Code based upon this action. Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund#

51 Previous Relevant Board Actions for This Item: N/A Exhibits: Exhibit A: Rosenberg s Rules of Order Exhibit B: Ordinance 7/2017

52 Rosenberg s Rules of Order REVISED 2011 Simple Rules of Parliamentary Procedure for the 21st Century By Judge Dave Rosenberg Agenda for the 842nd Meeting, January 19, 2017 Exhibit A (Agenda Item F.1) Page 1 of 10 pages

53 MISSION and CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California s cities. About the League of California Cities Established in 1898, the League of California Cities is a member organization that represents California s incorporated cities. The League strives to protect the local authority and automony of city government and help California s cities effectively serve their residents. In addition to advocating on cities behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine League of California Cities. All rights reserved. About the Author Dave Rosenberg is a Superior Court Judge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding Judges Advisory Committee (the committee composed of all 58 California presiding judges) and as an advisory member of the California Judicial Council. Prior to his appointment to the bench, Rosenberg was member of the Yolo County Board of Supervisors, where he served two terms as chair. Rosenberg also served on the Davis City Council, including two terms as mayor. He has served on the senior staff of two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Rosenberg chaired the California State Lottery Commission, the California Victim Compensation and Government Claims Board, the Yolo-Solano Air Quality Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice Cabinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large and small bodies. Agenda for the 842nd Meeting, January 19, 2017 ii Exhibit A (Agenda Item F.1) Page 2 of 10 pages

54 Table of Contents About the Author...ii Introduction...2 Establishing a Quorum...2 The Role of the Chair...2 The Basic Format for an Agenda Item Discussion...2 Motions in General...3 The Three Basic Motions...3 Multiple Motions Before the Body...4 To Debate or Not to Debate...4 Majority and Super-Majority Votes...5 Counting Votes...5 The Motion to Reconsider...6 Courtesy and Decorum...7 Special Notes About Public Input...7 Agenda for the 842nd Meeting, January 19, Exhibit A (Agenda Item F.1) Page 3 of 10 pages

55 Introduction The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules Robert s Rules of Order which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. If one is chairing or running a parliament, then Robert s Rules of Order is a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if one is running a meeting of say, a five-member body with a few members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg s Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and local government. These rules have been simplified for the smaller bodies we chair or in which we participate, slimmed down for the 21st Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg s Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg s Rules in lieu of Robert s Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: 1. Rules should establish order. The first purpose of rules of parliamentary procedure is to establish a framework for the orderly conduct of meetings. 2. Rules should be clear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. Rules should be user friendly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum number of members of the body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half the body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. The default rule, identified above, however, gives way to a specific rule of the body that establishes a quorum. For example, the rules of a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the absence of such a specific rule, the quorum is one more than half the members of the body. The Role of the Chair While all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makes the final ruling on the rules every time the chair states an action. In fact, all decisions by the chair are final unless overruled by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Agenda Item Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body s agreed-upon roadmap for the meeting. Each agenda item can be handled by the chair in the following basic format: Agenda for the 842nd Meeting, January 19, Exhibit A (Agenda Item F.1) Page 4 of 10 pages

56 First, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Second, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Third, the chair should ask members of the body if they have any technical questions of clarification. At this point, members of the body may ask clarifying questions to the person or persons who reported on the item, and that person or persons should be given time to respond. Fourth, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifth, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sixth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Seventh, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: 1. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eighth, the chair should now invite discussion of the motion by the body. If there is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Ninth, the chair takes a vote. Simply asking for the ayes and then asking for the nays normally does this. If members of the body do not vote, then they abstain. Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in these rules), then a simple majority (as defined in law or the rules of the body as delineated later in these rules) determines whether the motion passes or is defeated. Tenth, the chair should announce the result of the vote and what action (if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the following form: The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a 10-day notice for all future meetings of this body. Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member s desired approach with the words I move A typical motion might be: I move that we give a 10-day notice in the future for all our meetings. The chair usually initiates the motion in one of three ways: 1. Inviting the members of the body to make a motion, for example, A motion at this time would be in order. 2. Suggesting a motion to the members of the body, A motion would be in order that we give a 10-day notice in the future for all our meetings. 3. Making the motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The basic motion. The basic motion is the one that puts forward a decision for the body s consideration. A basic motion might be: I move that we create a five-member committee to plan and put on our annual fundraiser. Agenda for the 842nd Meeting, January 19, Exhibit A (Agenda Item F.1) Page 5 of 10 pages

57 The motion to amend. If a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: I move that we amend the motion to have a 10-member committee. A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. If a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be: I move a substitute motion that we cancel the annual fundraiser this year. Motions to amend and substitute motions are often confused, but they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modify it in some way. A substitute motion seeks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a motion to amend or a substitute motion is left to the chair. So if a member makes what that member calls a motion to amend, but the chair determines that it is really a substitute motion, then the chair s designation governs. A friendly amendment is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some members. When that happens, a member who has the floor may simply say, I want to suggest a friendly amendment to the motion. The member suggests the friendly amendment, and if the maker and the person who seconded the motion pending on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If either the maker or the person who seconded rejects the proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to three motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the three that are on the floor and has resolved them. This rule has practical value. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceed first on the last motion that is made. For example, assume the first motion is a basic motion to have a five-member committee to plan and put on our annual fundraiser. During the discussion of this motion, a member might make a second motion to amend the main motion to have a 10-member committee, not a five-member committee to plan and put on our annual fundraiser. And perhaps, during that discussion, a member makes yet a third motion as a substitute motion that we not have an annual fundraiser this year. The proper procedure would be as follows: 4 Agenda for the 842nd Meeting, January 19, 2017 First, the chair would deal with the third (the last) motion on the floor, the substitute motion. After discussion and debate, a vote would be taken first on the third motion. If the substitute motion passed, it would be a substitute for the basic motion and would eliminate it. The first motion would be moot, as would the second motion (which sought to amend the first motion), and the action on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or second motions. Second, if the substitute motion failed, the chair would then deal with the second (now the last) motion on the floor, the motion to amend. The discussion and debate would focus strictly on the amendment (should the committee be five or 10 members). If the motion to amend passed, the chair would then move to consider the main motion (the first motion) as amended. If the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its original format, not amended. Third, the chair would now deal with the first motion that was placed on the floor. The original motion would either be in its original format (five-member committee), or if amended, would be in its amended format (10-member committee). The question on the floor for discussion and decision would be whether a committee should plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members of the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule of free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adjourn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fix the time to adjourn. This motion, if passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the motion might be: I move we adjourn this meeting at midnight. It requires a simple majority vote. Exhibit A (Agenda Item F.1) Page 6 of 10 pages

58 Motion to table. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on hold. The motion can contain a specific time in which the item can come back to the body. I move we table this item until our regular meeting in October. Or the motion can contain no specific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debate. The most common form of this motion is to say, I move the previous question or I move the question or I call the question or sometimes someone simply shouts out question. As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a request rather than as a formal motion. The chair can simply inquire of the body, any further discussion? If no one wishes to have further discussion, then the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the question as a formal motion, and proceed to it. When a member of the body makes such a motion ( I move the previous question ), the member is really saying: I ve had enough debate. Let s get on with the vote. When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote of the body. Note: A motion to limit debate could include a time limit. For example: I move we limit debate on this agenda item to 15 minutes. Even in this format, the motion to limit debate requires a twothirds vote of the body. A similar motion is a motion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Majority and Super Majority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a few exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority of the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, I move the previous question, or I move the question, or I call the question, or I move to limit debate, it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to close nominations. When choosing officers of the body (such as the chair), nominations are in order either from a nominating committee or from the floor of the body. A motion to close nominations effectively cuts off the right of the minority to nominate officers and it requires a two-thirds vote to pass. Motion to object to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. If the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules for a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting of the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it s pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent of the body is required. For example, in a five-member body, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many affirmative votes are required? The simple rule of thumb is to count the no votes and double that count to determine how many yes votes are needed to pass a particular motion. For example, in a seven-member body, if two members vote no then the yes vote of at least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote abstain or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and if so, how does one count them? The starting point is always to check the statutes. In California, for example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section ) Typically, this means three of the five members of the board must vote affirmatively in favor of the action. A vote of 2-1 would not be sufficient. A vote of 3-0 with two abstentions would be sufficient. In general law cities in Agenda for the 842nd Meeting, January 19, Exhibit A (Agenda Item F.1) Page 7 of 10 pages

59 California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section ) Cities with charters may prescribe their own vote requirements. Local elected officials are always well-advised to consult with their local agency counsel on how state law may affect the vote count. After consulting state statutes, step number two is to check the rules of the body. If the rules of the body say that you count votes of those present then you treat abstentions one way. However, if the rules of the body say that you count the votes of those present and voting, then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are present and voting. Accordingly, under the present and voting system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are present ), but you treat the abstention votes on the motion as if they did not exist (they are not voting ). On the other hand, if the rules of the body specifically say that you count votes of those present then you DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act just like no votes. How does this work in practice? Here are a few examples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specific rule on counting votes. Accordingly, the default rule kicks in and we count all votes of members that are present and voting. If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a five-member city council voting on a motion that requires a two-thirds majority vote to pass, and further assume that the body has no specific rule on counting votes. Again, the default rule applies. If the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three yes, one no and one abstain also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed so an effective 3-1 vote is clearly a two-thirds majority vote. Now, change the scenario slightly. Assume the same five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES have a specific rule requiring a two-thirds vote of members present. Under this specific rule, we must count the members present not only for quorum but also for the motion. In this scenario, any abstention has the same force and effect as if it were a no vote. Accordingly, if the votes were three yes, one no and one abstain, then the motion fails. The abstention in this case is treated like a no vote and effective vote of 3-2 is not enough to pass two-thirds majority muster. Now, exactly how does a member cast an abstention vote? Any time a member votes abstain or says, I abstain, that is an abstention. However, if a member votes present that is also treated as an abstention (the member is essentially saying, Count me for purposes of a quorum, but my vote on the issue is abstain. ) In fact, any manifestation of intention not to vote either yes or no on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote absent or count me as absent? Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had left his/her chair and is actually absent. That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet of parliamentary procedure is finality. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at the meeting where the item was first voted upon. A motion to reconsider made at a later time is untimely. (The body, however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body including a member who voted in the minority on the original motion may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of order. The purpose of this rule is finality. If a member of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purpose of finality. If the motion to reconsider passes, then the original matter is back before the body, and a new original motion is in order. The matter may be discussed and debated as if it were on the floor for the first time. Agenda for the 842nd Meeting, January 19, Exhibit A (Agenda Item F.1) Page 8 of 10 pages

60 Courtesy and Decorum The rules of order are meant to create an atmosphere where the members of the body and the members of the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is no. There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, point of privilege. The chair would then ask the interrupter to state your point. Appropriate points of privilege relate to anything that would interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person s ability to hear. Order. The proper interruption would be, point of order. Again, the chair would ask the interrupter to state your point. Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. Call for orders of the day. This is simply another way of saying, return to the agenda. If a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair s determination may be appealed. Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Special Notes About Public Input The rules outlined above will help make meetings very publicfriendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. Rule Two: Keep the public informed while the body is doing it. Rule Three: When the body has acted, tell the public what the body did. Agenda for the 842nd Meeting, January 19, Exhibit A (Agenda Item F.1) Page 9 of 10 pages

61 1400 K Street, Sacramento, CA (916) Fax (916) To order additional copies of this publication, call (916) $ League of California Cities. All rights reserved. Printed on recycled paper. Agenda for the 842nd Meeting, January 19, 2017 Exhibit A (Agenda Item F.1) Page 10 of 10 pages

62 ORDINANCE NO. 7/2017 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT ADOPTING ROSENBERG S RULES OF ORDER AND AMENDING THE RULES OF DECORUM WHEREAS, the Board of Trustees conducts its meetings in accordance with the Ralph M. Brown Act (Government Code Section et seq.); and WHEREAS, the Board has previously adopted Roberts Rules of Order as a nonbinding guide to the conduct of meetings; and WHEREAS, Roberts Rules of Order were originally published in 1876 and are designed for larger governing bodies such as parliaments, assemblies and houses, and are over 700 pages in length; and WHEREAS, Rosenberg s Rules of Order was more recently created for simpler, smaller governing bodies, and the rules in Robert s Rules of Order have been distilled for these settings, resulting in a very user-friendly set of rules that are only 10 pages in length; and WHEREAS, Rosenberg s Rules of Order are better suited to a local agency and has been recommended by the League of California cities and other local agency organizations, and WHEREAS, the Board does hereby desire to adopt Rosenberg s Rules of Order as its nonbinding guide to the conduct of business in lieu of Robert s Rules of Order; and WHEREAS, the Board does also desire to make certain other amendments to give greater flexibility in conducting the meetings and to provide for more orderly meetings in accordance with the latest appellate decisions. NOW, THEREFORE, the Board of Trustees does hereby ORDAIN as follows: Section 1. amended to read: That Section of the District s Operations Code is Agenda for the 842nd Meeting, January 19, 2017 Exhibit B (Agenda Item F.1) Page 1 of 4 pages

63 Order of business. In accordance with Health and Safety Code Sections 2028 and 2029(e), the order of business to be considered at the meeting shall be at the discretion of the presiding officer. The District Manager shall provide an agenda to each Board member and to the news media. The agenda shall be developed in consultation with the presiding officer. In accordance with the Brown Act, Board action and review shall be limited to items on the distributed agenda. New business not so indicated on the agenda shall be referred to a future agenda for Board review and action. The Board may discuss and take action on non-agenda items when one of the following situations exists: a) In an emergency situation, upon a determination by a majority vote that such an emergency exists. Emergency situation means a work stoppage, crippling disaster, or other activity which severely impairs the public health or safety; or b) If there is a need to take immediate action and the need to take action arose subsequent to the agenda being posted. Such a determination must be made by two-thirds vote of the Board members present, or if less than two-thirds of the member are present, by unanimous vote of the members present. The most recent version of Rosenberg s Rules of Order shall be used as a nonbinding guide to the conduct of meetings. The president shall make procedural rulings, which shall stand unless overruled by a majority vote of the Trustees voting on the matter. Section 2. amended to read: That Section of the District s Operations Code is Procedure not provided for. Procedures for conducting meetings of the District Board shall be in accord with the most recently available edition of Rosenberg s Rules of Order, except as otherwise noted in these articles, bylaws, and subsequent amendments. Section 3. amended to read: That Section of the District s Operations Code is Rules of decorum. Agenda for the 842nd Meeting, January 19, 2017 Exhibit B (Agenda Item F.1) Page 2 of 4 pages

64 a) Any person desiring to address the Board shall only speak when recognized by the presiding officer. Persons should address their comments to the presiding officer and not to other Board members or staff. The Board and staff should likewise not engage in a dialogue with a member of the public without first securing the permission of the presiding officer. Cross-examination of the Board or staff is not allowed. If a speaker has questions, he should state those questions as part of his presentation. After he has completed his presentation, the presiding officer shall determine if a response is required and who should respond. Alternatively, the presiding officer may direct that a staff person meet with the speaker at a later time to address the areas of inquiry, or direct staff to agendize the subject for a future board meeting. b) A public meeting is a limited public forum and remarks must be related to the subject matter over which the District has jurisdiction. Irrelevant speech may be ruled out of order. c) Time limits for speakers shall generally be three (3) minutes. In situations where the Board agenda is full or there are other factors that limit the ability of the Board to complete its public business that day, the Board President may determine that speaker time limits may be reduced and/or other procedures may be employed to ensure the public s business is completed. Reduced time limits and other procedures shall be imposed in a fair manner and without regard for the speaker s viewpoint. d) All speakers and the Board must preserve order and decorum and no profanity or other words or acts shall be allowed that would disrupt the meeting. e) No person shall be allowed to approach the Board dais but shall submit materials to the Board by handling those items to the District Secretary or Clerk of the Board. f) The Board may appoint a sergeant at arms. The presiding officer may clear the meeting for disruptions to the meeting, in accordance with the Brown Act. Additionally, Penal Code section 403 makes it a misdemeanor to willfully disrupt a public meeting. Agenda for the 842nd Meeting, January 19, 2017 Exhibit B (Agenda Item F.1) Page 3 of 4 pages

65 Section 4. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Trustees of the Orange County Mosquito and Vector Control District, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 5. The District Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law and it shall go into effect 30 days thereafter. PASSED, APPROVED, and ADOPTED by the Board of Trustees of the Orange County Mosquito and Vector Control District at its regular meeting thereof held on the 19 th day of January 2017, at Garden Grove Blvd., Garden Grove, California, , President I hereby certify that the foregoing Ordinance was duly adopted by the Board of Trustees of the Orange County Mosquito and Vector Control District at a regularly scheduled meeting, held on January 19, 2017:, Secretary APPROVED AS TO FORM: Alan R. Burns, District Counsel Agenda for the 842nd Meeting, January 19, 2017 Exhibit B (Agenda Item F.1) Page 4 of 4 pages

66 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # F.2 AGENDA REPORT Prepared By: Submitted By: Rick Howard, District Manager/Irwin Bornstein, Financial Consultant Rick Howard, District Manager Agenda Title: Ordinance Amending Title 4 of the District Operations Code Pertaining to Purchasing Procedures Recommended Action: Recommend Adoption of an Ordinance Amending Title 4 of the District s Operations Code Pertaining to Purchasing Procedures Executive Summary: At the November 17 and December 15, 2016 Board meetings, the Board authorized District Counsel to update the Orange County Mosquito and Vector Control District s Purchasing and Procurement Policy. The District last amended Title 4 of the Operations Code on May 17, 2007, which restructured the present purchasing system for the District. Since that time, a variety of new laws have been implemented and tighter internal controls have been integrated into the proposed policy changes to reflect those new laws. However, the Purchasing Policy has not been amended or updated to reflect current business practices or legal requirements. This revision will ensure that new requirements are referenced in the Code so that it will be a complete reference resource for staff. Staff has spent a considerable amount of time updating and reviewing proposed changes to the existing purchasing processes. While the basic purchasing methods remain the same, the proposed Policy (Exhibit A) includes a number of changes to the original Policy that more clearly identify the Purchasing structure for the District and define for staff, the public, and the Board, the method and manner in which purchases and procurement of goods and/or services are transacted. Proposed modifications of note include increasing the dollar amount for formal bidding of supplies, services, equipment and other personal property from $20,000 to $30,000 to better represent the types of purchases made and the increase in prices since the limit was last addressed. Staff also recommends that the Purchasing Agent s authority to enter into contracts be raised from $25,000 to $30,000 to be consistent with the proposed new formal bidding amount. The proposed modifications also include raising the minimum procurement amount for which informal bids are required from $1,000 to $2,500, increased controls on the use of Districtissued credit card purchases; enhanced use of Requests for Proposals and the manner in which they are solicited; prohibitions against bid splitting ; ability to utilize other agencies bidding procedures; and when Purchase Orders are required. Staff believes that this revised Policy will enhance the ability of the District to more favorably compete for better pricing as well as provide improved control, better staff accountability, and clearer definitions in the manner and method of acquiring goods and/or services.

67 Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: May 17, 2007 update to Title 4, Chapter 4 of the Operations Code November 17, 2016 and December 15, 2016 Presentations Exhibits: Exhibit A: Purchasing and Procurement Policy Ordinance 8/2017

68 ORDINANCE NO. 8/2017 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT REVISING ITS PURCHASING AND PROCUREMENT PROCEDURES WHEREAS, the District has adopted a purchasing and procurement ordinance, which is set forth in Chapter 4.01 of the Orange County Mosquito and Vector Control District Operations Code at Title 4 thereof; and WHEREAS, the Board does hereby desire to make changes to those procedures to allow delegation of the purchasing agent duties, to make changes in the bidding procedures, to allow the use of other government bidding opportunities such as piggy-backing, to clarify when professional services should be bid, to require the use of purchase orders, to increase the District Manager s authority to enter into contracts, to specify that procedures are to be developed for the use of credit cards by administrative regulation, and to make changes to the petty cash and surplus property provisions; NOW, THEREFORE, the Board of Directors of the Orange County Mosquito and Vector Control District does hereby ORDAIN as follows: Section 1. amended to read: That Title 4 of the Districts Operations Code is hereby Title 4 Purchasing Chapter 4.01 Purchasing Establishment of Purchasing system; Purchasing Agent; powers and duties. A purchasing system is adopted in order to establish efficient procedures for purchasing or procurement at the lowest possible cost commensurate with the level of quality required, to exercise financial control over the purchase or procurement, and to clearly define authority for the purchasing function. The District Manager is the designated Purchasing Agent. The Purchasing Agent may delegate all or a portion of the purchasing duties to any District staff member provided the Purchase Order is signed by the District Manager. The Purchasing Agent shall have the authority to:

69 i. Purchase or contract for supplies, services, equipment and other items required by the District, in accordance with purchasing procedures outlined in this policy; ii. iii. Negotiate and recommend execution of contracts; Act to produce for the District the necessary quality in supplies, services, equipment and other items at the lowest responsible cost to the District; iv. Prepare and recommend to the Board of Trustees revisions and amendments to the purchasing rules; v. Establish and maintain such forms as reasonably necessary to the operation of purchasing guidelines; vi. Supervise the inspection of all supplies, services, equipment and other items purchased to insure conformance with required specifications; vii. viii. Recommend the sale or disposal of all supplies and equipment which cannot be used by the District, or which are no longer suitable for District use; Maintain a bidder s list and other records necessary for the efficient acquisition of good and services. The purchasing Agent shall, within the limits provided in the Budget approved by the Board of Trustees and except as hereinafter provided, purchase for the District all materials, supplies, furnishing, equipment, livestock, poultry, and other personal property of whatever kind and nature, and except as hereinafter provided. No purchase of personal property by any person other than the Purchasing Agent shall be binding upon the District or constitute a lawful charge against any District funds Bidding Regulations. Less than $2,500: Bidding may be dispensed with when the item or service purchased is less than $2,500 in value. $2,500 - $30,000: When the item or service to be purchased costs between $2,500 and $30,000, informal bidding shall be required. All bids should be in writing, whenever possible, and may be obtained via written requests for quotations or proposals, telephone survey of prices, via the internet, or by such other efforts directed towards obtaining at least three bids. A minimum of two bids shall be required. The bid shall be awarded by the Purchasing Agent to the lowest responsible bidder unless the Purchasing Agent determines that the public interest requires a different action. The Board of Trustees authorizes the Purchasing Agent to purchase items described above, not to exceed $30,000, without formal bidding, provided such amounts have been properly budgeted. Above $30,000: When the item or service to be purchased costs more than $30,000, formal bidding shall be required. Such bidding process shall require that a notice be posted at the District office at least ten (10) days prior to the bid opening

70 and that formal requests for bids be solicited either by newspaper publication, trade journal publication, or by use of a bid service. Sealed bids shall be solicited by the Purchasing Agent and received and opened by the Clerk of the Board. Formal bids shall be awarded by the Board to the lowest responsible bidder based on the Purchasing Agent s analysis and recommendations of the bids and bidders, unless the Board makes a determination that it would be in the public s best interest to do otherwise, which determination will be made in the record. Bids shall be awarded with consideration of the following criteria: a) ability, capacity and skill of the bidder to perform the contract or provide the service required; b) ability of the bidder to perform the contract or provide the service required promptly or within the time specified; c) reputation and experience of the bidder; d) previous experience of the District with the bidder; e) previous compliance by the bidder with federal, state and local laws and ordinances; f) sufficiency of financial resources of the bidder; g) quality, availability and adaptability of the supplies or contractual services to the particular use required; h) ability of the bidder to provide future maintenance and service of the use of the subject of the contract; i) the number and scope of the conditions attached to the bid If the job is related to construction, demolition, alteration or maintenance of a Public Work, other laws may apply, including but not limited to requirements for registration and the payment of prevailing wages. Documents related to successful and unsuccessful bids shall be retained in accordance with adopted records retention schedules. It is unlawful to split or separate into smaller orders all purchases governed by this chapter of the Operations Code for purposes of evading the competitive bidding provisions of this character, unless doing so is in the District s best interests General exceptions to bidding requirements. Bidding is not required when: (1) An emergency situation exists, (2) When the services of specialized professionals are required, such as scientists, engineers, attorneys, or accountants, (3) When the item or services can only be obtained from one vendor, (4) When engaging in the bidding process would otherwise be a meaningless exercise, (5) When purchases are made from another government agency or when procurement is pursuant to a competitively bid contract with another government agency or California Multiple Award Schedule (CMAS), or (6) When the public interest may otherwise require that bidding be dispensed with provided that the facts constituting the basis for the exception shall be documented by the Board or District Manager, as appropriate, and retained as part of the District's official records for at least two years.

71 Purchasing Agent s authority to analyze, inspect and test. The Purchasing Agent shall first review all bids received to determine if they are responsive to the bid request or notice inviting bids. The Purchasing Agent is authorized to waive minor deviations and irregularities in the bids. The Purchasing Agent shall also have the authority to inspect and test products intended to be used in any bid for quality and fitness for its intended purpose and may investigate the character and reputation of any bidder to determine that they are responsible. The Purchasing Agent s determination and recommendation of the lowest responsible bidder shall be based on his analysis of these factors District s options. The contract shall be awarded to the lowest responsible bidder, except as otherwise provided. If two or more bids are the same, the District may accept any such bid. In its sole discretion, the District may reject any and all bids received and it may readvertise for bids or have District forces perform such work Authority to engage independent contractors. The Purchasing Agent may engage independent contractors to perform services, with or without the furnishing of materials, within the limits provided by law, provided that prospective bidders are given full opportunity to submit their qualifications and estimates of cost to render the desired service Professional Services. For professional services, when the service to be purchased costs between $15,000 and $30,000, a Request for Proposal process should be used to the extent possible as time and circumstances permit. A Request for Proposal process must be used for professional services contracts more than $30,000, unless the Board determines that extenuating circumstances dictate the RFP process would provide no additional or direct benefit to the District. A minimum of two proposals shall be obtained whenever possible. Vendor selection shall be based upon the most advantageous proposal, and, if a Request for Proposals process is utilized, in accordance with the criteria set forth in the Request for Proposals. The Purchasing Agent is authorized to select the vendor for professional services when the service to be purchased costs up to $30,000. The Board of Trustees will select the vendor for professional services when the service to be purchased costs more than $30,000. Proposals for continuing professional series shall be solicited periodically Emergency Purchasing. Emergency purchases are only those purchases that are immediately necessary for the continued operation of the District or are necessary for the preservation of life or property. Emergency purchases may be made by the Purchasing Agent, or by the Director of Operations when the Purchasing Agent is not immediately available. Emergency purchases up to $30,000 made by the Director of Operations shall be subsequently approved by the Purchasing Agent. All emergency purchases that would otherwise require

72 formal bidding procedures, and emergency purchases up to $30,000 made by the Director of Operations which were not approved by the Purchasing Agent, shall be submitted to the Board of Trustees for ratification at the next regular Board meeting after the purchase is authorized Purchase Orders or Contracts Required. Purchase orders and/or contracts shall be used to document and support all purchases of $2,500 or greater, except for the following types of purchases for which such documentation may not be accepted or practical: fuel purchases, travel and meeting expenses, dues, subscriptions, publications, utility payments, and any other items as may be determined and approved by the Purchasing Agent. Chapter 4.02 Authority to enter contracts and sign documents Purchasing Agent s authority to enter into contracts. The Purchasing Agent is hereby authorized to a) enter into contracts or amendments on the District s behalf where the total dollar value of the transaction or series of related transactions is $30,000 or less; or b) prepay amounts due on contracts greater than $30,000 provided the prior Board approval is obtained through a minute item at a Board meeting Authority to sign. The District Manager shall have the authority to sign all contracts, whether the contract was approved by the Board of Trustees or by the Purchasing Agent. Chapter 4.03 Credit Cards Use of credit cards. The District Manager shall establish regulations for the use of credit cards within his contracting limits and shall authorize limited use of such cards by other employees as he shall determine appropriate. The District Manager shall have a credit card limit of $10,000 total outstanding indebtedness at any one time. The District Manager shall establish lesser limits for his subordinates use of credit cards, and said policy shall be provided to the Board. Credit cards are to be used for incidental purchases, fuel for vehicles, small supplies, and online purchases where a credit card may be the only acceptable method of payment. In addition, while traveling, credit cards may be used for transportation, hotel, meal and incidentals when applicable and authorized by the District Manager. Credit card purchases shall not be made to evade the competitive bidding provision of this chapter. All credit cards, except those used in vehicles for fuel purchases, shall have the authorized individual s name included on the card, and all cards with an individual s name included shall only be used by that individual. Purchases of fuel with fleet fuel cards or credit cards shall require the purchaser to record the odometer reading of the District vehicle at the time of purchase.

73 Chapter 4.04 Petty Cash Revolving fund established. The District shall maintain a Petty Cash (Revolving) Fund in accordance with section 2078 of the State Health and Safety Code and Government Code section et seq., in an amount not to exceed $10,000. The petty cash fund is necessary for small, incidental expenditures that would be impractical to process through the purchase order system. The Purchasing Agent, or his designee, is authorized to make disbursements from petty cash Accounting. The Purchasing Agent, and any other person delegated those duties, shall file such bond as may be required with the Board of Trustees and shall thereafter account for such money with receipts for all expenses greater than one dollar. Such bond may be covered through the District s insurance policy. Upon request, the Purchasing Agent shall give an account of the petty cash fund to the Board of Trustees Statutory limits. No single item costing more than $2,500 may be purchased using a petty cash check. A maximum of $500 will be maintained in cash at the District at any one time. Chapter 4.05 Disposition of surplus property Inventory of surplus property. At such times as determined by the Purchasing Agent, reports shall be prepared showing all supplies and equipment which are no longer used or which have become obsolete or worn out Sales of Surplus property. The Purchasing Agent may sell or exchange any personal property belonging to the District and found by the Board not to be required for public use, or he may when purchasing personal property accept advantageous trade-in allowance for such property not further required for public use. For items with an estimated fair market value in excess of $3,000, the Board of Trustees shall approve of the disposition. Auction houses or other methods may be used Employees not to purchase/accept. Employees shall not be allowed to buy any surplus property of the District to prevent conflict of interest issues from arising. In special circumstances, an employee may be authorized by the Board to accept and/or purchase surplus property provided findings are made that the transfer is in the public interest Donation of property. Pursuant to Health and Safety Code section 2041, the District may donate any surplus property to any public agency or nonprofit corporation.

74 Chapter 4.06 Warrant approvals Warrant approval process. In accordance with Government Code section et seq., the following provisions apply to the payment of warrants. The District Manager is authorized to approve warrants for (1) payroll and routine payments within budgeted amounts, and (2) fixed assets within budgeted amounts, provided that such fixed assets cost $30,000 or less or are within budgeted amounts. ( Fixed Assets are tangible property costing $3,000 or more per unit, including tax, delivery, and installation, with a useful life expectancy exceeding one year.) The District Manager shall be authorized to direct the custodian of such money to pay said amounts. Such direction shall be in writing and shall be signed by the District Manager in said capacity and the custodian may rely upon such direction in the payment of warrants. Notwithstanding said authority, no prepayments in excess of $30,000 shall be made unless prior authorization is provided by the Board through a minute item. The District Manager may authorize the affixing of a stamp designating that such warrants are appropriate and within budgeted amounts, and when such stamp is utilized, the custodian may rely thereon in the payment of warrants. The Board of Trustees shall thereafter be presented with a warrant register at a subsequent Board meeting showing such warrants. Chapter 4.07 Miscellaneous Procedural regulations. The Purchasing Agent shall issue procedural regulations to amplify this resolution Failure to comply. Any transaction failing to comply with this Title in any respect is voidable at the discretion of the Board of Trustees Conflicting resolution and policies. These provisions shall supersede all previous resolutions and policies pertaining to financial matters. Section 2. Should any part, clause or section of this Ordinance be declared by any Court of competent jurisdiction to be invalid, the remaining provisions of this Ordinance shall nevertheless be and remain in full force and effect and the Board of Trustees of the Orange County Mosquito and Vector Control District, hereby declares that each and every section, clause, provision or part of this Ordinance would have been adopted and made a part of this Ordinance without the adoption of any portion thereof and that the invalidity of any part or provision hereof shall not in any way affect the validity or enforcement of the remaining provisions of this Ordinance that may stand on their own. Section 3. The District Clerk shall cause this ordinance or a summary thereof to be published in a newspaper of general circulation printed and published in the District according to law and it shall go into effect 30 days thereafter.

75 PASSED, APPROVED, and ADOPTED by the Board of Trustees of the Orange County Mosquito and Vector Control District at its regular meeting thereof held on the 19 th Day of January 2017, at Garden Grove Blvd., Garden Grove, California, , President I hereby certify that the foregoing Resolution was duly adopted by the Board of Trustees of the Orange County Mosquito and Vector Control District at a regularly scheduled meeting, held on January 19, 2017, Secretary APPROVED AS TO FORM: Alan R. Burns, District Counsel

76 G. INFORMATIONAL ITEMS 1. STAFF PRESENTATION: SENIOR STAFF WILL GIVE A YEAR IN REVIEW OF VECTOR ACTIVITY IN ORANGE COUNTY IN APPOINTMENT OF TRUSTEE REPRESENTATIVES 3. BOARD OF TRUSTEE COMMITTEE ASSIGNMENTS (EXHIBIT A, B) TRUSTEE ATTENDANCE REPORT (EXHIBIT A) 5. AUTHORIZED LIST OF WIRE TRANSFER BENEFICIARIES 6. REPORT OF DISTRICT ACTIVITIES

77 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # G.2 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: Trustee Terms of Office to Expire on January 2, 2017 at 11:59 A.M. Recommended Action: As deemed appropriate. Executive Summary: The following Trustees terms of office will expire on January 2, 2017 at 11:59 A.M. Appointment of Trustee Representatives: to date, fifteen communications have been received for appointment of a representative to the following cities or County of Orange for the next two or four-year term. Bolded City/County have appointed representatives: Trustee Representative Governing Body Date of Communication Phil Tsunoda Aliso Viejo December 15, 2016 (2 Years) Michael Davis Buena Park January 10, 2017 (2 Years) Sandra Genis Costa Mesa January 17, 2017 (2 Years) Carlos Olvera Dana Point January 17, 2017 Stephanie Klopfenstein Garden Grove January 10, 2017 (4 Years) Mike Posey* Huntington Beach *Finishing Dave Sullivan s Term (1 Year) James Gomez La Habra December 19, 2016 (2 Years) Marshall Goodman* La Palma *Finishing Steve Hwangbo s Term (1 Year) Toni Iseman Laguna Beach November 15, 2016 (2 Years) John Mark Jennings Laguna Niguel December 20, 2016 (2 Years) Shari Horne Laguna Woods December 21, 2016 (2 Years) Craig Green Placentia January 10, 2017 (2 Years) April Josephson Rancho Santa Margarita December 14, 2016 (2 Years) Pam Patterson San Juan Capistrano January 17, 2017 Sandra Massa-Lavitt Seal Beach January 9, 2017 (4 Years) Al Ethans Stanton January 10, 2017 (2 Years) Letitia Clark* Tustin *Finishing Dr. Allan Bernstein s Term (3 Years) Sergio Contreras Westminster January 11, 2017 Peggy Huang Yorba Linda January 3, 2017 (2 Years) Lilly Simmering County of Orange January 2017

78 Previous Relevant Board Actions for This Item: At the October 20, 2016 Board Meeting, Trustees approved sending letters to appointing body asking that body to reappoint current representative or appoint a new representative.

79 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # G.3 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: Board of Trustee Committee Assignments Recommended Action: Receive and File Executive Summary: Each year, at the installation of new Board officers, the Board Committees are reconstituted. Enclosed with the Agenda is a questionnaire and committee function sheet. Please select your first, second, and third choice for committees on which you would like to serve and complete the Trustee information. Please complete the questionnaire and return to Tawnia Pett no later than January 27, New committees will be approved at the February board meeting and will commence in March. Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits: Exhibit A: Committee Questionnaire Exhibit B: Committee Functions List

80 Committee assignments will be made at the February meeting and commence after approval at the February meeting. Please indicate your first, second, and third choice on the following list of committees. (See attached list for the Committee Functions.) Please return questionnaire to Tawnia Pett by January 27, COMMITTEES CHOICES Budget & Finance 1st 2nd 3rd Building, Property & Equipment 1st 2nd 3rd Executive (Board Officers & Past-President) Nuisance Abatement 1st 2nd 3rd Operations 1st 2nd 3rd Policy and Personnel 1st 2nd 3rd Public Relations 1st 2nd 3rd Signed: Trustee Name (Print): Occupation: Home Address: City: Zip Code: Home Phone: Cell Phone: Business Phone: Address: Would you prefer to receive the monthly agenda packet by ? Yes No Do you want both an electronic and paper agenda? Yes No Agenda for the 842nd Meeting, January 19, 2017 Exhibit A (Agenda Item G.3) Page 1 of 1 pages

81 Orange County Mosquito and Vector Control District BOARD OF TRUSTEES COMMITTEE FUNCTIONS BUDGET AND FINANCE COMMITTEE - 9 MEMBERS Staff: District Manager Director of Administrative Services Convenes: As necessary. Meets in spring to deliver Budget recommendation to Board in April. Scope: The Budget and Finance Committee is responsible for oversight of District financial activities and policies. The Committee, also responsible for monitoring the District s budgets, meets annually on an as needed basis to review the proposed budgets for the upcoming year. The Committee provides comments and direction regarding appropriations and funding levels for these budgets. The Committee also reviews District financial policies and practices such as reserve amounts and fund transfers to insure public review of all financial activities and practices. BUILDING, PROPERTY, AND EQUIPMENT COMMITTEE - 7 MEMBERS Staff: District Manager Department Heads Convenes: As necessary Scope: The Building, Property and Equipment Committee is responsible for oversight of District building, property, and equipment issues. The Committee meets on an as needed basis to review and provide direction regarding short-term and long-term property and building planning; provides recommendations to the Board regarding acquisition, improvements, and disposal of District property. The Committee also reviews equipment and vehicle purchases and/or bids, and provides recommendations to the Board regarding selection and approval of these items. EXECUTIVE COMMITTEE - 4 MEMBERS (Board Officers, Past-President) Staff: District Manager Convenes: As necessary Scope: The Executive Committee is comprised of the President, Vice President, Secretary, and Past-President of the District. The Executive Committee meets with the other Committees and District Manager on important financial and operational issues. OPERATIONS COMMITTEE - 7 MEMBERS Staff: District Manager Director of Communications Director of Operations Director of Scientific Technical Services Convenes: As necessary Scope: The Operations Committee is responsible for oversight of the District s basic operation and special programs. The Committee reviews operational activity reports and provides direction to staff regarding operational issues, policies and procedures, staffing, and budget. The Committee also provides recommendations to the Board on legislative items. POLICY AND PERSONNEL COMMITTEE - 9 MEMBERS Staff: District Manager Convenes: As necessary Scope: The Policy and Personnel Committee is responsible for oversight of District policies and personnel issues. This Committee meets on an as needed basis to review changes to administrative, policies and procedures, and then provides recommendations to the Board regarding action on these items. The Policy and Personnel Committee annually reviews and provides recommendations regarding the District Manager s contract, and changes to the District s Personnel and Salary Resolution. The Committee also reviews and provides recommendations to the Board regarding new position requests, position reclassifications, position descriptions, and is responsible for hearing and making decisions regarding employee disciplinary appeals. January 2016 Agenda for the 842nd Meeting, January 19, 2017 Exhibit B (Agenda Item G.3) Page 1 of 2 pages

82 PUBLIC RELATIONS COMMITTEE 9 MEMBERS Staff: District Manager Director of Communications Convenes: Scope: As necessary The Public Relations Committee is responsible for oversight of the District public outreach, education, vector and vector-borne disease education, and overall awareness of the District, and its services. The Committee provides comments and directions on education objectives, and public outreach campaigns and goals. The Committee also reviews request for proposals for outreach related purchases and contracts. NUISANCE ABATEMENT COMMITTEE 7 MEMBERS Staff: District Manager Director of Operations Convenes: Scope: As necessary The Nuisance Abatement Committee has the responsibility to determine if certain properties constitute a nuisance because of vector breeding and authorize certain fines and penalties to be assessed against the property owner(s). January 2016 Agenda for the 842nd Meeting, January 19, 2017 Exhibit B (Agenda Item G.3) Page 2 of 2 pages

83 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT January 19, 2017 AGENDA ITEM # G.4 AGENDA REPORT Prepared By: Submitted By: Tawnia Pett, Executive Assistant/Clerk of the Board Rick Howard, District Manager Agenda Title: 2016 Trustee Attendance Report Recommended Action: Receive and File Executive Summary: Each year, at the January board meeting, Trustees are given a record of Trustee attendance through December of the previous year. Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits: Exhibit A: 2016 Board of Trustees Attendance Report

84 Representing Orange County Mosquito and Vector Control District RECORD OF ATTENDANCE OF THE 2016 BOARD OF TRUSTEES From the First Meeting Held on August 11, 1947 through the 841st Meeting Held December 15, Meetings Total Meetings Since Appointed Trustee First Appointed Years of Service Attended Held Attended % Aliso Viejo Phillip B. Tsunoda July yr. 6 mo. 9 75% % Anaheim Lucille Kring January yr. 0 mo % % Brea Cecilia Hupp September yr. 4 mo. 8 67% % Buena Park Michael Davis January yr. 8 mo % % Costa Mesa Sandra Genis August yr. 5 mo % % Cypress Stacy Berry April yr. 9 mo % % Dana Point Carlos N. Olvera February yr. 0 mo % % Fountain Valley Cheryl Brothers April yr. 9 mo % % Fullerton Jan M. Flory February yr. 11 mo % % Garden Grove Robin Marcario February yr. 11 mo % % Huntington Beach Dave Sullivan January yr. 0 mo % % Irvine Lynn Schott January yr. 0 mo. 6 50% % Laguna Beach Toni Iseman June yr. 7 mo % % Laguna Hills Barbara Kogerman January yr. 0 mo % % Laguna Niguel Jerry Slusiewicz January yr. 0 mo % % Laguna Woods Shari L. Horne July yr. 6 mo % % La Habra James Gomez January yr. 0 mo % % Lake Forest Scott Voigts November yr. 0 mo % % La Palma Steve Hwangbo January yr. 0 mo. 6 50% % Los Alamitos Warren Kusumoto January yr. 0 mo % % Mission Viejo Dave Leckness March yr. 10 mo. 8 67% % Newport Beach Scott Peotter January yr. 0 mo % % Orange Michael Alvarez January yr. 0 mo % % Placentia Constance M. Underhill January yr. 0 mo % % Rancho Santa Margarita April Josephson December yr 1 mo % % San Clemente Jim Dahl January yr. 0 mo % % San Juan Capistrano Pam Patterson January yr. 0 mo. 8 67% % Santa Ana Roman Reyna January yr. 0 mo. 6 50% % Seal Beach Michael Levitt January yr. 0 mo % % Stanton Al Ethans January yr. 0 mo % % Tustin Allan Bernstein January yr. 0 mo % % Villa Park Bill Nelson January yr. 0 mo % % Westminster Sergio Contreras January yr. 0 mo. 7 58% % Yorba Linda Peggy Huang January yr. 0 mo. 9 75% % County of Orange Lilly Simmering April yr. 9 mo. 7 78% % Agenda for the 842nd Meeting, January 19, 2017 Exhibit A (Agenda Item G.4) Page 1 of 1 pages

85 AGENDA ITEM # G.5 ORANGE COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT AGENDA REPORT January 19, 2017 Prepared By: Submitted By: Julie Matsumoto, C.P.A., Financial Consultant Rick Howard, District Manager Agenda Title: Authorized List of Wire Transfer Beneficiaries Recommended Action: Receive and File Executive Summary: At the December Finance Committee Meeting, staff was directed to provide a list of accounts to which the District wires money and to report back at the next Finance Committee meeting. Due to the fact that the Finance Committee will not meet in January, the information is being provided to the entire Board of Trustees at this time. The following four recipients are the only wire beneficiaries set up in the District s bank account. If additional recipients are added, the committee has directed that the committee be notified of such. Orange County Employees Retirement System UAAL payments when required LAIF Investment transactions Orange County Treasurer Investment transactions Union Bank of California PARS OPEB Trust Account payments when required Staff is available to address any questions that the Board may have. Fiscal Impact: Amount Requested $ N/A Sufficient Budgeted Funds Available: Category: Pers. Optg. Cap. -or- CIP# Fund# Previous Relevant Board Actions for This Item: N/A Exhibits:

86 Report of District Activities, January 19, 2017 Attachment No. 1 Vector of the Month Western Black-Legged Tick, Ixodes pacificus Ixodes pacificus is a species of hard tick that has been recovered from a variety of hosts along the Pacific Coast from Washington and Oregon through California. Included in the host records are birds (quail), mammals (cats, dogs, deer, chipmunks, pocket mice, deer mice, horses, and man), and lizards (fence and alligator lizards). Ixodes pacificus is found mainly in wooded and grassy areas across the state. In the early 1980s, I. pacificus was incriminated as a potential vector of the type of bacteria that causes Lyme disease. This disease was first recognized in 1975 in Lyme, Connecticut, and is characterized by annular skin lesions (erythema chronicum migrans) that may be followed by arthritic, neurologic, or cardiac symptoms several weeks or months later. The disease is caused by a microbe called a spirochete (scientifically referred to as Borrelia burgdorferi), which may be seen moving in a serpentine fashion under a microscope. People are most commonly exposed to the Lyme disease agent by the immature nymphal tick, which is active in the spring and early summer; an average of 5-15% of nymphal western black-legged ticks in California are infected with B. burgdorferi. 1 Relatively few cases of Lyme disease were diagnosed in California in the early 1980s; however, after recognition of this disease by the medical community, a significant increase in diagnosed cases has occurred. Typically, cases are recognized each year in the state, with the highest number of infections occurring in Trinity, Mendocino, Humboldt, Mono, Sierra, and Nevada Counties. Because the symptoms of this disease are variable, it is possible that some victims of Lyme disease go undiagnosed. The Orange County Mosquito and Vector Control District initiated a monitoring and testing program for ticks and spirochetes in 1984, which continues to this day. In March of 1991, B. burgdorferi spirochetes were isolated from a male I. pacificus collected near San Clemente in February. Since that time, more than 4,200 I. pacificus from Orange County have been checked for spirochetes and all other specimens have tested negative for B. burgdorferi. Although some people have claimed to have acquired Lyme disease while residing in Orange County, most infections have been attributed to people visiting northern California and the eastern U.S., where Lyme disease is more common. The principal protection against Lyme disease is awareness. Individuals are encouraged to avoid problems by learning more about the vector ticks and their natural habits and habitats. People are advised to avoid areas where ticks occur, or if potential exposure is unavoidable, use both protective clothing and tick repellents, check the entire body for ticks daily, and promptly remove attached ticks. 1 Tick Removal Use Tweezers and grasp the tick s mouthparts as close to the skin as possible. Gently pull the tick straight out with steady pressure. Do not twist or jerk the tick. Do not try to remove the tick by burning it or applying ointment or lotion. Apply an antiseptic to the bite area after removing tick. Wash your hands with soap and water.

87 Report of District Activities, January 19, 2017 Attachment No. 2 For the First Time, Researchers Identify Key Proteins that May Make Zika So Deadly Medical Xpress, January 2, 2017 Transmission electron microscope image of negativestained, Fortaleza-strain Zika virus (red), isolated from a microcephaly case in Brazil. The virus is associated with cellular membranes in the center. Credit: NIAID Until it burst onto the scene earlier this year, Zika was an obscure, little-known virus. As a result, scientists know little about how it works. Over the past year, they have learned that it can cause a range of dangerous health problems, including birth defects such as microcephaly and neurological problems such as Guillain-Barré syndrome. But they don't know which Zika protein or proteins are causing harm, or exactly how these proteins cause damage. Now, a new study by scientists at the University of Maryland School of Medicine (UM SOM) has for the first time identified seven key proteins in the virus that may be the culprits behind this damage. The study is the first comprehensive description of the Zika virus genome. The study was published today in the journal Proceedings of the National Academy of Sciences. "The mechanism of this virus has been a real mystery," said the lead researcher on the study, Richard Zhao, a professor of pathology at UM SOM. "These results give us crucial insight into how Zika affects cells. We now have some really valuable clues for future research." Zika virus has infected hundreds of thousands of people around the world, mostly in the Americas. In the United States and its territories, more than 38,000 Zika cases have been reported so far, most of them in Puerto Rico. There are no vaccines or treatments to prevent or treat the symptoms of Zika infection. To test the virus, Dr. Zhao used fission yeast, a species that in recent years has become a relatively common way to test how pathogens affect cells. Fission yeast was originally used to make beer, particularly in Africa, where it originated. (Its species name is Schizosaccharomyces pombe; pombe means beer in Swahili.) Over decades, fission yeast has been used by many scientists to find out mechanisms and behavior of cells. Dr. Zhao is a pioneer in using the fission yeast model to study HIV, as well as the Yellow Barley Dwarf virus, a plant pathogen that causes billions of dollars in crop damage every year throughout the world. So he was very familiar with the fission yeast model. "With Zika we are in a race against time," he says. "I asked myself what I can do to help. I have this unique way of dissecting the genome. So I started on this." For the experiment, Dr. Zhao and his colleagues separated each of the virus's 14 proteins and small peptides from the overall virus. He then exposed yeast cells to each of the 14 proteins, to see how the cells responded. Seven of the 14 proteins harmed or damaged the yeast cells in some way, inhibiting their growth, damaging them or killing them.