HomeMy WebLinkAbout2010-08-26 - Board of Directors Meeting Minutes
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' MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
August 26, 2010
1. CALL TO ORDER
The August 26, 2010 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Mills 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
William R. Mills, President Ken Vecchiarelli, General Manager
Michael J. Beverage, Vice President Pat Grady, Assistant General Manager
Ric Collett Art Kidman, General Counsel
Phil Hawkins Steve Conklin, Engineering Manager
' John W. Summerfield Lee Cory, Operations Manager
Stephen Parker, Finance Director
Damon Micalizzi, PI Officer
Annie Alexander, Executive Secretary
OTHER VISITORS
Brett Barbre, Director, Municipal Water District of Orange County
Nancy Rikel, Mayor Pro Tem, City of Yorba Linda
Bill Guse, Member, YLWD Citizens Advisory Committee
Gary Melton, Member, YLWD Citizens Advisory Committee
Laurie Park, Associate, McCormick, Kidman & Behrens
4. ADDITIONS/DELETIONS TO THE AGENDA
Mr. Vecchiarelli requested to remove Item No. 13.1. from the agenda as there
was no need for a Closed Session.
5. PUBLIC COMMENTS
None.
6. CONSENT CALENDAR
On a motion by Director Beverage, seconded by Director Summerfield, the Board
' voted 5-0 to approve the Consent Calendar. Director Collett abstained from
voting on Check No. 54790 of Item No. 6.2. as he has a financial interest with the
vendor.
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6.1. Minutes of the Regular Board of Directors Meeting Held August 12, 2010
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 $844,678.86.
6.3. Retention Reduction and Progress Payment No. 27 for the Highland
Reservoir Replacement Project
Recommendation: That the Board of Directors approve Retention
Reduction to 5% and approve Progress Payment No. 27, in the net
amount of $82,300.22, to Schuler Engineering Corporation and 5%
retention of $4,331.59, deposited to Citizens Business Bank escrow
account, for construction of the Highland Reservoir Replacement
Project, Job No. 200309.
6.4. Declaration of Restrictive Covenants with Toll CA III, L.P., Tract 17030
Recommendation: That the Board of Directors authorize the ,
President and Secretary to execute the Declaration of Restrictive
Covenants, subject to approval as to form by General Counsel, with
Toll CA 111, L.P., Job No. 200607.
6.5. Approval of MWDOC Grant Participation Agreement
Recommendation: That the Board of Directors authorize the
General Manager to execute the MWDOC Tiered Rates Grant
Participation Agreement subject to approval as to form by General
Counsel.
6.6. Unaudited June 2010 Budget to Actual Results
Recommendation: That the Board of Directors receive and file the
Unaudited June 2010 Budget to Actual Results.
6.7. Investment Report for the Period Ending June 2010
Recommendation: That the Board receive and rile the Investment
Report for the Period Ending June 2010.
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6.8. Proclamation Recognizing the Centennial Anniversary of the Association
of California Water Agencies
Recommendation: That the Board of Directors approve the
proclamation recognizing AC WA on their 100 year anniversary.
6.9. Posting of Job Classifications and Salary Ranges
Recommendation: That the Board of Directors approve the posting
of employee job classifications, salary ranges and labor
agreements on the District's website.
6.10. Reschedule Board Meetings
Recommendation: That the Board of Directors reschedule the
regularly scheduled Board meetings as follows:
• Reschedule Thursday, November 11, 2010 to Wednesday,
November 10, 2010 at 8:30 a.m.
• Reschedule Thursday, November 25, 2010 to Wednesday,
November 24, 2010 at 8:30 a.m.
' • Reschedule Thursday, December 23, 2010 to Wednesday,
December 22, 2010 at 8:30 a.m.
6.11. Schedule Financial Planning Workshop Meeting Thursday, October 21,
2010 at 9:00 a.m.
Recommendation: That the Board of Directors schedule a
Financial Planning Workshop on Thursday, October 21 from 9:00
a.m. to approximately 12:00 p.m.
7. ACTION CALENDAR
7.1. General Manager's Employment Contract
The Board reviewed the contract in detail and made the following
revisions:
The last sentence of Section 1 was modified to read "Each year, on or
before February 12 (Anniversary Date) the Board will review the
performance of the General Manager for consideration of an equitable
merit increase."
' Section 7 (c) was struck in it its entirety.
The end of the first sentence in Section 8 was modified to read "...this
Agreement may be immediately terminated without Severance Payment
by the Board of Directors by action taken at a duly-convened meeting.
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The second sentence of Section 8 was modified to read" General
Manager may terminate this agreement upon ninety (90) days written '
notice to the District."
On a motion by Director Summenreld, seconded by Director Beverage, the
Board voted 5-0 to approve the General Manager's Employment Contract
as revised.
A brief recess was declared at 9:37 a.m.
The meeting reconvened at 9:45 a.m.
8. REPORTS. INFORMATION ITEMS AND COMMENTS
8.1. President's Report
None.
8.2. Directors' Reports
Director Summerlield reported that he would be unavailable to attend the
Board meeting scheduled September 23, 2010.
8.3. General Manager's Report
None. '
8.4. General Counsel's Report
Mr. Kidman commented on the recent controversy involving the salaries of
high ranking employees and Council members for the City of Bell.
8.5. Future Agenda Items and Staff Tasks
None.
9. COMMITTEE REPORTS
9.1. Executive-Administrative-Organizational Committee
(Mills/Beverage) Alternate: Collett
Minutes of the meeting held August 17, 2010 were provided in the agenda
packet. Directors Mills and Beverage attended. Matters discussed during
the meeting were as follows: Approval of MWDOC Grant Participation
Agreement; Proclamation Recognizing the Centennial Anniversary of the
Association of California Water Agencies; Posting of Job Classifications
and Salary Ranges; Reschedule Board Meetings; Schedule Financial
Planning Workshop Meeting for Mid-October; Director's and General
Manager's Quarterly Fees and Expenses (Apr-Jun); General Counsel's ,
Monthly Summary Billing Report July 2010.
Meeting scheduled September 21, 2010 at 4:00 p.m.
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' 9.2. Finance-Accounting Committee
(Summerfield/Collett) Alternate: Mills
Meeting scheduled September 13, 2010 at 4:00 p.m. Director Mills will
attend in place of Director Summerfield.
9.3. Personnel-Risk Management Committee
(Collett/Hawkins) Alternate: Surnmerfield
Minutes of the meeting held August 20, 2010 were provided at the
meeting. Directors Collett and Hawkins attended. Matters discussed
during the meeting were as follows: ACWA/JPIA General Liability
Insurance Deposit Premium October 1, 2010 through September 30, 2011
and Retrospective Allocation Point; Status of Recruitments and
Authorized/Budgeted Positions; and Status of Human Resources and Risk
Management Activities.
Meeting scheduled September 14, 2010 at 4:00 p.m.
9.4. Planning-Engineering-Operations Committee
(Mills/Summerfield) Alternate: Beverage
' Meeting scheduled September 2, 2010 was rescheduled to September 8,
2010 at 4:00 p.m.
9.5. Public Information-Technology Committee
(Beverage/Hawkins) Alternate: Summerfield
Minutes of the meeting held August 19, 2010 were provided in the agenda
packet. Directors Beverage and Hawkins attended. Matters discussed
during the meeting were as follows: Barricade Fire Retardant; Emergency
Preparedness Information on District's Website and in Quarterly
Newsletter; Elk Mountain Practice Field Update; Bottled Water Update;
Public Events Update; Conservation Ordinance Monthly Statistics; and IT
Projects Monthly Status.
Meeting scheduled September 7, 2010 at 4:00 p.m.
9.6. MWDOC/OCWD Ad Hoc Committee
(Mills/Beverage) Altemate: Collett
Meeting scheduled September 28, 2010 at 4:00 p.m.
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9.7. Citizens Advisory Committee
Minutes of the meeting held August 23, 2010 were provided at the '
meeting. Matters discussed during the meeting were as follows:
November Water Bond Measure; Practice Field Atop Elk Mountain
Reservoir; and City of Yorba Linda Sewers Update.
Mr. Guse addressed the Board and commented on the Committee's
concerns related to the Yorba Linda Parks and Recreation Department
cancelling contracts with youth sports clubs for use of their practice fields
and inadequate parking at the proposed practice field at Elk Mountain
Reservoir.
Meeting scheduled September 27, 2010 at 8:30 a.m.
10. INTERGOVERNMENTAL MEETINGS
10.1. YL City Council -August 17, 2010 (Summerfield)
Director Summerfield attended and commented on multi-family residential
design guidelines and Savi Ranch signs which were discussed at the
meeting.
10.2. MWDOC Board -August 18, 2010 (Staff) '
Staff did not attend this meeting.
10.3. OCWD Board -August 18, 2010 (Staff)
Staff did not attend this meeting.
10.4. YL Planning Commission -August 25, 2010 (Hawkins)
Director Hawkins attended and commented on two conditional use permits
and a lot line adjustment which was discussed during the meeting.
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from August 27, 2010 -September 30, 2010
The Board reviewed the listed meetings and made one additional change.
Director Hawkins will attend the Yorba Linda Planning Commission
meeting on September 8, 2010 and Director Collett will attend the same
meeting on September 22, 2010.
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' 12. CONFERENCES AND SEMINARS
12.1. CSDA Conference -September 20-23, 2010
ACWAIJPIA Fall Conference -November 29-30, 2010
ACWA Fall Conference - December 1-3, 2010
CRWUA Annual Conference - December 15-17, 2010
On a motion by Director Beverage, seconded by Director Collett, the
Board voted 5-0 to authorize Directors and such staff members of the
District as approved by the General Manager to attend the ACWA/JPIA,
ACWA and CRWUA conferences.
13. CLOSED SESSION
Item No. 13.1. was removed from the agenda.
13.1 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 (OC Superior Court - Case No.
00124906)
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)
Name of Case: Manista vs. YLWD, et al (OC Superior Court - Case
No. 00332968)
' Name of Case: Rodriguez vs. YLWD, et al (OC Superior Court - Case
No. 00333938)
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Name of Case: American Security Insurance Company, et al vs.
YLWD (OC Superior Court - Case No. 00348304) '
14. ADJOURNMENT
14.1. The meeting was adjourned at 10:16 a.m. The next regular meeting of the
Board of Directors will be held September 9, 2010 at 8:30 a.m.
Ken ecchiarelli
Board Secretary
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