Loading...
HomeMy WebLinkAbout2009-06-25 - Board of Directors Meeting Minutes 2009-084 MINUTES OF THE ' YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING June 25, 2009 1. CALL TO ORDER The June 25, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT John W. Summerfield, President Ken Vecchiarelli, General Manager William R. Mills, Vice President Pat Grady, Asst General Manager Paul R. Armstrong Art Kidman, General Counsel Michael J. Beverage Steve Conklin, Engineering Manager Ric Collett Lee Cory, Operations Manager Diane Cyganik, Finance Director Gina Knight, Human Resources Mgr John DeCriscio, Chief Plant Operator Cindy Botts, Management Analyst Annie Alexander, Executive Secretary 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli requested that the Board consider adding a Closed Session to the agenda as there was a need to take immediate action and the need for action came to the attention of the District subsequent to the agenda being posted. The Closed Session description was as follows: Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, at al vs. YLWD, et al (Orange County Superior Court - Case No. 00124906) On a motion by Director Mills, seconded by Director Beverage, the Board voted 5-0 to add the Closed Session to the agenda. ' This item was taken following the Consent Calendar. Director Beverage made a motion to approve the Consent Calendar, seconded by Director Collett. No vote was taken as this motion was made before the Public Comments. 2009-085 5. PUBLIC COMMENTS Mark Shock, resident, stated that he had been precluded from making public , comments at this meeting and the previous Board meeting. Mr. Shock respectfully requested that this not be allowed to happen again. Director Beverage stated that he did not see Mr. Shock and when he made a motion to approve the Consent Calendar before Public Comments, it was not out of disrespect for him. Director Beverage further stated that it was not the intent of himself or the Board President to prevent him from making public comments. Mr. Vecchiarelli requested the Board and staff to please use their microphones when speaking. Mr. Shock then requested permission to speak when Item No. 8.2. was considered. Director Beverage stated that he wanted to clarify that the public could address the Board on any item on the agenda when the item was being considered. If the item is not on the agenda, the public can address the Board during Public Comments. Mr. Shock requested that the Board add a discussion item to the agenda to address the Orange County Grand Jury Report "Paper Water" - Does Orange ' County Have a Reliable Future? following Item No. 8.2. President Summerfield stated that an item to discuss this report was already on the agenda as Item No. 8.3. Director Mills stated that information regarding Public Comments was included on the agenda in Item No. 5., and that the Board would recognize individuals for their comments when the item was considered. 6. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 51790 of Item No. 6.2. due to a conflict of interest. 6.1. Minutes of the Regular Board of Directors Meeting Held June 11, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payment of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,326,509.54. 1 2 2009-086 6.3. Progress Payment No. 1 for Construction of the Hidden Hills Reservoir Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $482,715.00 to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 200028. CLOSED SESSION The meeting was adjourned to Closed Session at 8:39 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kidman, and Mses. Knight, Bauermeister and Park. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD, at al (Orange County Superior Court - Case No. 00124906) The Board reconvened in Open Session at 9:01 a.m. with no action taken that was required to be reported under the Brown Act. 7. ACTION CALENDAR ' 7.1. Proposed Budget for Fiscal Year 2009/10 Mr. Vecchiarelli provided an overview of the proposed budget and noted the primary factors affecting expected revenues and expenses. Mr. Vecchiarelli also spoke regarding the need for a water rate increase and the importance of water conservation. Mr. Vecchiarelli then responded to questions from the Board. On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0 on a Roll Call to adopt Resolution No. 09-06 Adopting the Budget for FY 2009110 and Rescinding Resolution No. 07-09. Several members of the Board then commended staff for their work on the budget. Mr. Vecchiarelli also recognized Mr. Grady and each of the Department Manager's for their related efforts and stated that he appreciated the Board's support. 7.2. Authorized Positions for Fiscal Year 2009/10 Mr. Vecchiarelli introduced the item and stated that he would like to request that Section 2 of the Resolution be amended to read as follows: ' The General Manager is hereby authorized to employ up to the number of employees authorized and budgeted in each fiscal year without further approval of the Board of Directors. 3 2009-087 The purpose of the revision would be to clarify that a position must be ' budgeted in order to be filled without Board approval. Six of the authorized positions would remain vacant and unbudgeted during the next fiscal year. Staff will continue to evaluate the need for these positions and provide the Board with a recommendation during the next budget process. Director Beverage then requested that Section 2 of the Resolution be further amended to read as follows: The General Manager is hereby authorized to employ up to the number of employees authorized, budgeted and funded in each fiscal year without further approval of the Board of Directors. On a motion by Director Beverage, seconded by Director Mills, the Board voted 5-0 on a Roll Call to adopt Resolution No. 09-07 Approving the Authorized Positions for FY 2009110 and Rescinding Resolution Nos. 08- 11 and 07-10 as amended. 7.3. Appropriations Limit for Fiscal Year 2009/10 Ms. Cyganik provided a brief overview of the purpose of the Resolution and responded to questions from the Board. ' On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 on a Roll Call to adopt Resolution No. 09-08 Adopting the Appropriations Limit for FY 2009110. 8. DISCUSSION ITEMS 8.1. Status of Hidden Hills Reservoir Project Mr. Conklin reported that the heavy excavation work was expected to be completed by the end of the week. The amount of traffic to and from the construction site will then decrease significantly. Director Armstrong stated that he had received two compliments from members of the public regarding the traffic control in the area. Mr. Vecchiarelli stated that he appreciated the positive comments. Staff also received a few complaints from residents which were dealt with quickly. 8.2. Orange County Grand Jury Report - Water Districts: A New Era in Public Involvement Mr. Vecchiarelli provided a brief overview of the report and , recommendations made by the Grand Jury. 4 2009-088 t Mr. Shock then addressed the Board and stated that both Grand Jury reports mirrored public comments previously made at District and Yorba Linda City Council meetings. Mr. Shock cited several statements included in one of the reports. Mr. Shock requested that the District's responses to the reports include statements of action taken by the District rather than cite existing law. Mr. Shock concluded his comments with the following additional requests: (1) that the Board place the District's proposed responses as agenda items at a regular meeting scheduled in the evening; (2) that the proposed responses be open for public discussion; (3) that the District make a recording of public comments received regarding each of the proposed responses; (4) that all written correspondence received and public comments made regarding the proposed responses be provided to the Citizens Advisory Committee for review; (5) that the Citizens Advisory Committee make a presentation to the Board at a regular meeting scheduled in the evening regarding its recommendations before the District finalizes its responses to the Grand Jury. The Board then discussed the need for providing a response to the Grand Jury reports and possible consequences if no response was given. Following discussion, President Summerfield stated that he thought it was ' important for the District to consider responding to the Grand Jury reports. President Summerfield then recommended that consideration of a response be turned over to the Executive-Administrative-Organizational Committee. Mr. Schock addressed the Board and stated that he thought the District should respond to the reports and that no response would be noted by the public. 8.3. Orange County Grand Jury Report - "Paper Water' - Does Orange County Have a Reliable Future? Mr. Vecchiarelli stated that he had attended a meeting at which the Grand Jury received comments on a draft version of this report. Mr. Vecchiarelli then provided a brief overview of the report and responded to questions from the Board. Mr. Shock addressed the Board and stated that he thought this report was the most important out of both Grand Jury reports. He further commented on the findings and recommendations made by the Grand Jury in this report and requested that the District's response be thorough. ' President Summerfield restated that consideration and composition of both responses would be handled by the Executive-Administrative- Organizational Committee. 5 2009-089 9. REPORTS, INFORMATION ITEMS AND COMMENTS , 9.1. President's Report There was no report. 9.2. Directors' Reports There were no reports. 9.3. General Manager's Report Mr. Vecchiarelli stated that he had requested Mr. Cory to report on a leak repair made in Hidden Hills. Mr. Cory then provided a brief PowerPoint presentation regarding the cause of the leak and staffs repair efforts. The leak was reported by Mr. Shock the previous week and was surfacing on Hidden Hills Road approximately 500 feet north of Star Light Drive. Staff conducted an investigation and made arrangements for excavation of the roadway to address the repair. Residential traffic was rerouted around the repair area while construction traffic for the Hidden Hills Reservoir Project had to be curtailed for 2 days. Residents in the area were without water service for approximately 6 hours while crews completed the necessary repair work. Steel plates were then installed over the repaired area as an extra precaution in order to allow the slurry backfill to cure completely and were removed 6 days later. Mr. Cory then responded to questions from ' the Board. Mr. Vecchiarelli and Mr. Conklin also responded to questions from the Board regarding the possible affect on the construction schedule for the Hidden Hills Reservoir Project. Mr. Vecchiarelli ended his report saying that he had attended a community leaders' breakfast meeting. Senator Bob Huff and a representative from MWD both spoke regarding water issues affecting the state and local communities. The meeting was well attended and reinforced the message that water is a valuable resource. 9.4. Future Agenda Items and Staff Tasks Director Mills requested that staff add an item to a future agenda regarding the annexation of the Bryant Ranch property. Mr. Vecchiarelli requested the Board schedule a workshop meeting to discuss a water rate increase. Following discussion, this meeting was scheduled for July 1, 2009 at 4:00 p.m. Mr. Vecchiarelli announced that the District offices would be closed on July 3, 2009 in observance of Independence Day unless otherwise instructed by the Board. 6 2009-090 10. COMMITTEE REPORTS ' 10.1. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett Minutes of the meeting held June 16 were provided in the agenda packet. Directors Summerfield and Mills attended. Items discussed during the meeting were as follows: 2008 Conflict of Interest Code Amendment; reports on legislative and grant activities; General Counsel's monthly summary billing report; AWWA benchmarks; strategic plan and forward planning initiatives; and the OCWD annexation. Meeting scheduled for July 21, 4:00 p.m. 10.2. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills Meeting scheduled for July 14, 4:00 p.m. 10.3. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfie/d Meeting scheduled for July 13, 4:00 p.m. ' 10.4. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage Meeting scheduled for July 2, 4:00 p.m. 10.5. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong Minutes of the meeting held June 15 were provided in the agenda packet. Director Collett attended. Items discussed during the meeting were as follows: conservation ordinance doorhanger, trifold brochure, table tent, newspaper advertisement and reverse call message; MWDOCNLWD joint water conservation truck magnets; OC Clerk-Recorder bill insert; Summer 2009 newsletter content; public information program; and status of technology projects. Meeting scheduled for July 7, 4:00 p.m. 10.6. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield ' Meeting scheduled for July 28, 4:00 p.m. 7 2009-091 10.7. Revenues and Rates Ad Hoc Committee (Collett/Mills) , Discussion of a water rate increase will be held at a Board workshop meeting scheduled for July 1, 4:00 p.m. Future meetings to be scheduled as needed. 10.8. City of Placentia Ad Hoc Committee (BeverageNecch iarell i) Meeting to be scheduled. 10.9. Citizens Advisory Committee Meeting scheduled for Jun 29, 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda City Council, June 16 (Armstrong) Director Armstrong attended and commented on a landscape maintenance assessment which was discussed during the meeting. 11.2. MWDOC Board, June 17 (Staff) ' Mr. Vecchiarelli attended. Items approved at the meeting included MWDOC's 2009/10 budget and water rates. 11.3. OCWD Board, June 17 (Staff) Staff did not attend but Mr. Vecchiarelli received a briefing from another member agency representative. Items discussed during the meeting included the Groundwater Replenishment System expansion and various contract awards. 11.4. Yorba Linda Planning Commission, June 24 (Summerfield) Director Summerfield did not attend. Mr. Shock addressed the Board and commented on his attendance at the Yorba Linda City Council meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from June 26, 2009 thru July 31, 2009 The Board reviewed the listed meetings with no changes. 1 8 2009-092 13. ADJOURNMENT ' 13.1. On a motion by Director Beverage, seconded by Director Mills, the meeting was adjourned at 11:03 a.m. The next regular meeting of the Board of Directors will be held July 9, 2009 at 8:30 a.m. .. Kenneth R. Vecchiarelli Secretary 1 9