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HomeMy WebLinkAbout2008-09-11 - Board of Directors Meeting Minutes2008-145 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 11, 2008 The September 11, 2008 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 offices at 1717 E. Miraloma Avenue, Placentia, CA. DIRECTORS PRESENT AT ROLL CALL John W. Summerfield, President William R. Mills, Vice President Michael J. Beverage Ric Collett STAFF PRESENT Michael A. Payne, General Manager Kenneth R. Vecchiarelli, Asst. G.M. Arthur G. Kidman, General Counsel Lee Cory, Operations Manager Pat Grady, IT Director Annie Alexander, Executive Secretary DIRECTORS ABSENT AT ROLL CALL Paul R. Armstrong INTRODUCTION OF VISITORS AND PUBLIC COMMENTS None. SPECIAL RECOGNITION Assistant General Manager Vecchiarelli introduced Annie Alexander, newly hired Executive Secretary. CONSENT CALENDAR (Items 1 through 5) Director Beverage requested to remove Item 2 and Director Summerfield requested to remove Item 3 from the Consent Calendar. Minutes of the Regular Board of Directors meeting held August 28, 2008. Recommendation: Approve the minutes as presented. 4. Progress Payment No. 16 for the Lakeview Reservoir Construction. Recommendation: That the Board of Directors approve Progress Payment No. 16 in the net amount of $436,027.86 to SSC Construction, Inc. for construction of the Lakeview Reservoir Project, Job No. 200704. 5. Progress Payment No. 4 for the Highland Reservoir Replacement Project. Recommendation: That the Board of Directors approve Progress Payment No. 4 in the amount of $442,415.79 to Schuler Engineering Corporation for construction of the Highland Reservoir Replacement Project, Job No. 200309. 2008-146 On a Motion by Director Collett, seconded by Director Summerfield, the Board of Directors voted 4-0 to approve the Consent Calendar with the exception of Items 2 and 3. ACTION CALENDAR 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,627,848.19. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 4-0 to approve Item 2, with Director Beverage abstaining from voting on Check No. 49958 because of a conflict of interest. 3. Consider Leave of Absence for Director Armstrong. Recommendation: That the Board of Directors grant Director Armstrong permission to be absent from the state as requested, subject to Director Armstrong providing a written waiver of the written notice of special and emergency meetings under the Brown Act. General Manager Payne and General Counsel Kidman responded to questions from the Board regarding the legal implications of the request. In summary, General Counsel Kidman has concluded that Director Armstrong's absence would not create a vacancy on the District's Board of Directors if the Board were to consent to his absence. Director Armstrong would only need to provide the District with a waiver of written notice of special and emergency meetings. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 4-0 to approve Item 3. 6. Declaration of Restrictive Covenants with Upper K Shapell. Director Beverage recused himself from the meeting during discussion of this item due to a conflict of interest. Assistant General Manager Vecchiarelli presented the item and explained that Upper K Shapell has requested District permission to construct a block wall within a District easement on their property. Staff has determined that the improvements would have minimal impact on District facilities and has recommended that a Declaration of Restrictive Covenants be executed with Upper K Shapell in order to protect District interests. On a motion by Director Collett, seconded by Director Mills, the Board of Directors voted 3-0 with Director Beverage abstaining, to authorize the President and Secretary to execute the Declaration of Restrictive Covenants with Upper K Shapell, subject to approval as to form by General Counsel. Director Beverage rejoined the meeting. 2 2008-147 7. 2008 Conflict of Interest Biennial Review. Assistant General Manager Vecchiarelli presented the item and highlighted each of the proposed amendments to the existing Conflict of Interest Code. These amendments are being made only to reflect revised job titles and deleted positions. Both General Manager Payne and Assistant General Manager Vecchiarelli responded to questions from the Board regarding designated positions and disclosure categories. On a motion by Director Mills, seconded by Director Collett, the Board of Directors on a Roll Call voted 4-0 to adopt Resolution No. 08-10 and Appendix `A" of the District's Conflict of Interest Code and direct the Secretary to file the District's Conflict of Interest Code and Appendix `A" with the Orange County Board of Supervisors prior to October 1, 2008. 8. ACWA/JPIA General Liability Insurance Deposit Premium October 1, 2008 through September 30, 2009 and Retrospective Allocation Point. General Manager Payne presented the item and distributed a 3-year loss history report for the District's general liability insurance policy with ACWA/JPIA. General Manager Payne explained that this year's deposit premium is 3% lower than last year's premium due to the District's a-mod factor going down. The District also has the option of increasing the Retrospective Allocation Point (or deductible) from $25,000 although staff does not recommend changing this amount as it is difficult to foresee the number of future claims that may be filed against the District. On a motion by Director Collett, seconded by Director Mills, the Board of Directors voted 4-0 to approve the ACWA/JPIA General Liability Insurance deposit premium for the policy year October 1, 2008 through September 30, 2009 in the amount of $244,389 and also continue with the Retrospective Allocation Point of $25,000. DISCUSSION ITEMS 9. None. REPORTS, INFORMATION ITEMS AND COMMENTS 10. a. President's Report President Summerfield had nothing to report and requested Assistant General Manager Vecchiarelli to review plans for the Goals and Objectives Workshop scheduled for October 30, 2008. Assistant General Manager Vecchiarelli reported that staff would like to suggest using a facilitator/moderator for the workshop. Staff's recommendation is to work with Jon Acampora, from Management Action Programs, Inc. (MAP) as he currently acts as the moderator for the District's MAP Vital Factor Team meetings. Following discussion, it was the consensus of the Board to have staff obtain a facilitator for the workshop that they would feel most comfortable with. Individual Directors and staff members are to each 3 2008-148 compile a list of discussion items for the workshop, which will then be presented to the Executive-Administrative-Organizational Committee for their recommendation. b. Director's Reports Director Mills stated that he would be unable to attend the Yorba Linda City Council meeting on October 7 and the Board of Directors meeting on October 9. C. General Manager's Report Assistant General Manager Vecchiarelli reviewed the dates of the upcoming ACWA/JPIA, ACWA and CRWUA conferences. Directors interested in attending should contact the Executive Secretary. Staff has been communicating with Erin Welch from the Yorba Linda Star regarding the District's historical water usage during the months of July and August. This season's water usage is below previous averages due to increased conservation efforts by the public. An article written by Ms. Welch was also recently published in the Star highlighting the District's eco-friendly construction of the new administration building. The Lakeview reservoir has been half-filled and bacterial tests have been completed. Staff is now waiting on bacterial tests to be completed for the related pipelines and expects to have the reservoir in service next week. Demolition of the two steel tanks still on the property will take place soon after. Staff will be providing a PowerPoint presentation at the next Yorba Linda City Council meeting regarding the importance of water conservation and the District's goals and objectives. The purpose of the presentation is to inform the City Council of the District's intention to help the community with their water conservation efforts. d. General Counsel's Report General Counsel Kidman read aloud a letter addressed to the Municipal Water District of Orange County (MWDOC) regarding Assembly Bill 1400. A letter in response from MWDOC was also read. Policies related to instructions given to staff from the Board of Directors as a group and individual Directors were reviewed. (Continued reports from Item 10c.) General Manager Payne reported that he had met with the Board of Directors candidate, Dave Rosenberger earlier in the week and provided him with a tour of the facilities. Mr. Rosenberger has submitted a request for public information which has been reviewed by General Counsel Kidman. 4 2008-149 COMMITTEE REPORTS 11. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett 1) Meeting scheduled for September 16 at 4:00 p.m. has been rescheduled for September 23 at 4:00 p.m. 2) Meeting scheduled for October 21, 4:00 p.m. b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Minutes of meeting held September 9 were presented at the meeting. Items discussed during the meeting were as follows: review of the Investment Report dated June 30 and July 31, 2008; status report on Wells Capital portfolio investments as of July 31 and August 31, 2008; Pass-Through Water Rate Increase for MWDSC, MWDOC, OCWD and Edison; and the Cash Flow for Fiscal Year 2008/2009. Director Beverage expressed concern related to the District's current operating expenses versus water rates. Director Beverage recommended that the Board of Directors conduct a workshop meeting to discuss the matter. Following discussion, it was the consensus of the Board to schedule a Mid-Term Budget Review Workshop for October 10 at 8:00 a.m. and to reschedule the Goals and Objectives Workshop on October 30 for a future date early next year. 2) Meeting scheduled for October 14, 4:00 p.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield 1) Meeting scheduled for September 22, 4:00 p.m. 2) Meeting scheduled for October 13, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Meeting scheduled for October 2, 4:00 p.m. e. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong 1) Meeting scheduled for October 7, 4:00 p.m. 5 2008-150 MWDOC Ad Hoc Committee (Mills/Collett) Alternate: Summerfield 1) Meeting scheduled for October 28, 4:00 p.m. g. City of Placentia Ad Hoc Committee (Beverage/Payne) 1) Minutes of meeting held September 8 were presented at the meeting. Items discussed during the meeting were as follows: employee sharing for projects; status of water conservation; Pass- Through Water Rates for January 2009; District projects; District/City landscape projects; and City of Placentia issues. 2) Meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 12. a. Yorba Linda City Council, September 2 (Mills) Director Mills attended. The majority of the meeting dealt with construction of the Town Center. b. MWDOC/MWD Joint Workshop, September 3 (Staff) Staff did not attend this meeting. C. OCWD Board, September 3 (Staff) Staff did not attend this meeting. d. Yorba Linda Planning Commission, September 10 (Summerfield) Director Summerfield attended. Items on the agenda included conditional use permits and a request for site improvements from the Messiah Lutheran Church. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after September 11, 2008. Agenda is available in the District office prior to meeting. September 2008 Yorba Linda Cit Council, Set 16, 6:30 .m. Armstrong MWDOC Board, Set 17, 7:30 a.m. Staff OCWD Board, Set 17,5:00 .m. Staff Personnel-Risk Management Committee, Sept 22, 4:00 p.m. Alt. Summerfield/Collett Executive-Admin-Or anizational Committee, Sept 23, 4:00 p.m. Summerfield/Mills Yorba Linda Planning Commission, Sept 24, 7:00 .m. Collett District Board Meeting, Sept 25, 8:30 a.m. 6 2008-151 October 2008 MWDOC/MWD Joint Workshop, Oct 1, 7:30 a.m. Staff OCWD Board, Oct 1, 5:00 .m. Staff Plan nin -En ineerin -O erations Committee, Oct 2, 4:00 p.m. Mills/Armstrong Public Information Committee, Oct 7, 4:00 .m. Collett/Beverage Yorba Linda City Council, Oct 7, 6:30 p.m. Summerfield District Board Meeting, Oct 9, 8:30 a.m. District Board Workshop, Oct 10, 8:00 a.m. City of Placentia Heritage Festival Parade, Oct 11, 9:30 a.m. Personnel-Risk Management Committee, Oct 13, 4:00 .m. Armstrong/Collett Finance-Accounting Committee, Oct 14, 4:00 .m. Bevera a/Summerfield MWDOC Board, Oct 15,7:30 a.m. Staff OCWD Board, Oct 15, 5:00 .m. Staff Yorba Linda Planning Commission, Oct 15, 7:00 .m. Collett Executive-Admin-Or anizational Committee, Oct 21, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Oct 21, 6:30 p.m. Mills District Board Meeting, Oct 23, 8:30 a.m. City of Yorba Linda Fiesta Days Parade, Oct 25, 10:00 a.m. MWDOC Ad Hoc Committee Meeting, Oct 28,4:00 .m. Mills/Collett Yorba Linda Planning Commission, Oct 29, 7:00 p.m. Summerfield CONFERENCES AND SEMINARS 13. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. a. None. A recess was declared at 10:03 a.m. The Board of Directors reconvened in Closed Session at 10:12 a.m. All Directors were present. Also present were General Manager Payne and Assistant General Manager Vecchiarelli. ADJOURN TO CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 14. Public Employee Appointment [Government Code Section 54957] Title: General Manager. CLOSED SESSION REPORT There were no reportable items from the Closed Session. 7 2008-152 ADJOURNMENT The Board of Directors reconvened in Open Session at 10:49 a.m. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted to adjourn at 10:49 a.m. to a regular meeting of the Board of Directors scheduled for September 25, 2008 at 8:30 a.m., at 1717 E. Miraloma Avenue, Placentia 92870. Kenneth R. Vecchiarelli Assistant Secretary 8