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HomeMy WebLinkAbout2010-01-14 - Board of Directors Meeting Minutes 2010-001 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING January 14, 2010 1. CALL TO ORDER The January 14, 2010 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Mills at 8:32 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 William R. Mills, President Ken Vecchiarelli, General Manager Michael J Beverage, Vice President Pat Grady, Assistant General Manager Ric Collett Art Kidman, General Counsel John W Summerfield Steve Conklin, Engineering Manager Gina Knight, HR Manager Cindy Navaroli, Interim Finance Director Joann Gitmed, Accounting Assistant II Annie Alexander, Executive Secretary OTHER VISITORS Brett Barbre, Director, Municipal Water District of Orange County Jessica Hanley, Public Affairs Specialist, Municipal Water Dist of Orange County Laurie Ellen Park, Associate, McCormick, Kidman & Behrens President Mills expressed his sadness over the recent passing of Director Paul R. Armstrong and requested that those in attendance at the meeting observe a moment of silence in his honor 4. ADDITIONS/DELETIONS TO THE AGENDA Mr Vecchiarelli requested that Item No. 10 3., General Manager's Report, be taken following Item No. 6.1, Special Recognition, as a representative from MWDOC was in attendance to provide the Board with a presentation regarding their agency's outreach programs. The Board agreed. 5. PUBLIC COMMENTS Mr Barbre addressed the Board and expressed his sadness regarding the ' passing of Director Armstrong. Mr Barbre provided the Board with a brief report regarding the water supply situation and future Metropolitan Water District increases. Mr. Barbre then responded to questions from Director Mills regarding groundwater storage being sought by the Imperial Irrigation District. 1 2010-002 Mr Kidman thanked Mr Barbre for making arrangements for Ms. Park to attend ' tours being offered by MWDOC as they provided a great benefit to legal counsel and the District. Director Beverage offered his congratulations to Mr Barbre regarding his recent appointment to the Metropolitan Water District's Board of Directors. 6. SPECIAL RECOGNITION 6.1. Introduce Joann M. Gitmed, newly hired Accounting Assistant II Ms. Navaroli introduced Ms. Gitmed, newly hired Accounting Assistant II. Ms. Gitmed left the meeting at this time. 10.3. General Manager's Report Mr Vecchiarelli introduced Jessica Hanley, Public Affairs Specialist for MWDOC Ms. Hanley then provided the Board with a PowerPoint presentation regarding the agency's outreach programs. Ms. Hanley then responded to questions from the Board regarding the agency's participation in Project Wet and Water For Tomorrow programs. Mr Vecchiarelli stated that the remainder of his report would be presented following Item No. 10.2. ' 7. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Summerfield, the Board voted 4-0 to approve the Consent Calendar. Director Beverage abstained from voting on Check No. 53208 of Item No. 7.2. as it was an expense reimbursement for travel he performed on behalf of the District. 7.1. Minutes of the Regular Board of Directors Meeting Held December 23, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payment of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,330,844 46. 7.3. Progress Payment No. 20 for the Highland Reservoir Replacement Project Recommendation: That the Board of Directors approve Progress Payment No. 20 in the net amount of $240,104 56 to Schuler Engineering Corporation and 10% retention of $26,678.28 ' deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309 2 2010-003 7.4. Proposed Change Order No. 4 to Well Rehabilitation Contract Recommendation: That the Board of Directors authorize approval of Change Order No. 4 in the amount of $36,185 to conduct test pumping as part of Well 5 rehabilitation. 8. ACTION CALENDAR 8.1. Letter of Intent to Accept the City of Yorba Linda Sewer System Mr Vecchiarelli introduced this item and explained that the Yorba Linda City Council was considering the possible transfer of the operation and maintenance of the City's sewer system to the District. Mr. Vecchiarelli further explained that when this item was initially placed on the agenda, staff expected that this matter would be addressed at a City Council meeting scheduled January 1gth Following posting of this agenda, staff was informed that this matter would not be addressed by the City Council until a later date. Director Beverage made a motion, seconded by Director Collett to approve the correspondence addressed to the Mayor of the City of Yorba Linda expressing the District's willingness to accept the sewer system to ' operate and maintain for the overall benefit of the community and the residents served by this system. Further discussion followed. Director Summerfield stated that when he previously served as the Board President, he and Mr Vecchiarelli met with the Mayor and his staff regarding this matter At the time, City representatives expressed a need to receive a consensus from the City Council before moving forward with this proposal. Mr Barbre addressed the Board and requested that the District prepare a fact sheet identifying the benefits of the proposed transfer. Mr Barbre also suggested that staff look into possible changes in legislation that may be required to complete the transfer and offered his assistance. The motion passed with the Board voting 4-0. Mr Vecchiarelli then responded to questions from the Board regarding the fact sheet and staff attendance at the City Council meeting when this matter was to be discussed. Mr Vecchiarelli explained that the fact sheet could be made available with a future press release and posted on the District's website and that staff would be encouraging members of the Citizens Advisory Committee to attend the City Council meeting when this ' matter is placed on their agenda. 3 2010-004 9. DISCUSSION ITEMS ' 9.1. Procedures for Filling a Vacancy on the Board of Directors Mr. Vecchiarelli reviewed the options available to the Board for filling the vacancy on the Board of Directors. These options include filling the vacancy by appointment, calling an election on June 8, 2010 at an estimated cost of $86,000 to $106,000, or doing nothing and allowing the Orange County Board of Supervisors to fill the vacancy by appointment or election. All of these options would only fill the vacancy until the end of the term in early December 2010 Mr Kidman then stated that the Board would need to consider how long they would want to leave the position vacant. Filling the vacancy by appointment would allow the Board to select a qualified candidate within the next 60 days, whereas calling an election in June would leave the position vacant for 5 months and the District would end up paying for two elections to fill the same position. Mr Vecchiarelli stated that historically, the Board has chosen to fill vacancies by appointment with an individual who is committed to run for re-election. Each Board member then spoke in favor of using the appointment option. ' Following discussion, it was the consensus of the Board to move this item to the Action Calendar so that the Board could vote on the procedure for filling the vacancy. On a motion by Director Beverage, seconded by Director Summen`ield, the Board voted 4-0 to rename Item No. 9.1 to Item No. 8.2. and place it on the Action Calendar Mr Barbre addressed the Board and spoke in favor of the appointment option. Mr Kidman recommended that in light of those concerns mentioned in the Orange County Grand Jury's report, the Board not form an Ad Hoc Committee to interview applicants but rather conduct applicant interviews at a Board meeting. The motion passed with the Board voting 4-0. 4 2010-005 ' ACTION CALENDAR CONTINUED 8.2. Procedures for Filling a Vacancy on the Board of Directors On a motion by Director Beverage, seconded by Director Collett, the Board voted 4-0 to proceed with the appointment process to fill the vacancy on the Board of Directors, to accept applications during a specified time period, and to conduct the applicant interviews at a special Board meeting. Mr Vecchiarelli then provided the Board with a draft press release regarding the vacancy and application process. Mr Vecchiarelli responded to questions from the Board regarding advertising needs. Following discussion, it was the consensus of the Board to call a special meeting on Thursday, February 18, 2010 at 4.00 p.m. to conduct applicant interviews. 10. REPORTS. INFORMATION ITEMS AND COMMENTS 10.1. President's Report ' None. 10.2. Directors' Reports Director Collett reported that he would not be in attendance at the February 25, 2010 Board meeting. 10.3. General Manager's Report Mr Vecchiarelli reported that staff had prepared a press release regarding the upcoming shutdown scheduled by Metropolitan Water District. The Public Information-Technology Committee discussed this matter at its last meeting and suggested that staff make use of existing signage to keep residents informed of the need for increased conservation during the shutdown. Mr Vecchiarelli further reported that staff had recently met with representatives from OCWD regarding annexation. OCWD staff will be bringing this matter to their next OC Water Issues Committee meeting in February Completion of a CEQA report, although costly, may be required as part of the annexation process. 10.4. General Counsel's Report Mr Kidman reported that he was preparing a report to staff regarding new state mandates for future Urban Water Management Plan (UWMP) updates. Certain conservations measures will be required in the UWMP ' update in order for the District to qualify for state funding. Mr Kidman and Mr Vecchiarelli then responded to questions from the Board regarding the estimated cost of performing an update and penalties for not complying with the state mandates. 5 2010-006 10.5. Future Agenda Items and Staff Tasks ' None. 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Mills/Beverage) Alternate. Collett Meeting scheduled January 19, 2010 at 4:00 p.m. 11.2. Finance-Accounting Committee (Summerfield/Collett) Alternate: Mills Minutes of the meeting held January 11, 2010 were provided at the meeting. Directors Summerfield and Collett attended. Matters discussed during the meeting were as follows: November 2009 Budget to Actual Results; November 2009 Monthly Investment Report; Retirement Alternatives; December 2009 Monthly Portfolio Report; and Inventory Surplussed in Compliance with Restrictive Lead Regulation. Meeting scheduled February 8, 2010 at 4:00 p.m. 11.3. Personnel-Risk Management Committee , (Collett/Beverage) Alternate. Summerfield Minutes of the meeting held January 12, 2010 were provided at the meeting. Directors Collett and Beverage attended. Matters discussed during the meeting were as follows: Medicare-Only Coverage; Authorized Positions for FY 2009/10; and Status of Recruitments and Risk Management Activities. Meeting scheduled February 9, 2010 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Mills/Summerfeld) A/temate: Beverage Minutes of the meeting held January 7, 2010 were provided in the agenda packet. Directors Mills and Summerfield attended. Matters discussed during the meeting were as follows: Zone Reconfiguration Project Change Order No. 2; Amendment No. 1 to Professional Services Agreement for Design of Highland Booster Pump Station Replacement Project; Proposed Change Order No. 4 to Well Rehabilitation Contract; Monthly Groundwater Production and Purchased Water Report; Monthly Preventative Maintenance Program Report; Monthly Groundwater Producers Meeting ' Report; and Status of Capital Projects in Progress. Meeting scheduled February 4, 2010 at 4:00 p.m. 6 2010-007 ' 11.5. Public Information-Technology Committee (Beverage/Summerfield) Altemate: Minutes of the meeting held January 5, 2010 were provided in the agenda packet. Directors Beverage and Summerfield attended. Matters discussed during the meeting were as follows: Water Bill Redesign; Draft Winter Newsletter; Conservation Ordinance Monthly Statistics; Automated Vehicle Locator (AVL) Pilot Program; and IT Projects Monthly Status. Meeting scheduled February 2, 2010 at 4.00 p.m. 11.6. MWDOC/OCWD Ad Hoc Committee (Mills/Beverage) Alternate. Collett Meeting scheduled January 26, 2010 at 4,00 p.m. 11.7. Citizens Advisory Committee (Directors Rotate Attendance) Meeting scheduled December 28, 2009 at 8:30 a.m. was cancelled. ' Meeting scheduled January 25, 2010 at 8:30 a.m. (Mills) The Board scheduled their attendance at future Citizens Advisory Committee meetings as follows: February22, 2010 (Beverage) March 22, 2010 (Summerfield) April 26, 2010 (Collett) 12. INTERGOVERNMENTAL MEETINGS 12.1. YL City Council -January 5, 2010 (Mills) Director Mills did not attend. 12.2. MWDOC/MWD Workshop - January 6, 2010 (Staff) Staff did not attend. 12.3 OCWD Board - January 6, 2010 (Staff) Staff did not attend. 12.4. YL Planning Commission -January 13, 2010 (Beverage) Director Beverage did not attend. 7 2010-008 13. BOARD OF DIRECTORS ACTIVITY CALENDAR ' 13.1. Meetings from January 15, 2010 - February 28, 2010 The Board reviewed the listed meetings and made the following changes: Director Summerfield will attend the Public Information-Technology Committee meeting on February 2, 2010 and Director Beverage will attend the Personnel-Risk Management Committee meeting on February 9, 2010. A brief recess was declared at 10:02 a.m. The meeting reconvened at 10:07 a.m. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 10:08 a.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park. 14.1 Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Johnson, et al vs. YLWD, et al ' (OC Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (OC Superior Court - Case No. 00311353) Name of Case: Weiss vs. YLWD (OC Superior Court - Case No. 00319080) Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park left the Closed Session at 10:25 a.m. following discussion of this item. 8 2010-009 ' 14.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 11:00 a.m. President Mills announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 11.01 a.m. The next regular meeting of the Board of Directors will be held January 28, 2010 at 8:30 a.m. Ken ecchiarelli Board Secretary 1 9