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HomeMy WebLinkAbout2007-03-22 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING March 22, 2007 2007-49 The March 22, 2007 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Ric Collett at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL Ric Collett, President John W. Summerfield, Vice President Paul R. Armstrong Michael J. Beverage William R. Mills STAFF PRESENT Kenneth R. Vecchiarelli, Asst. G.M. Diane Cyganik, Finance Director Amelia Cloonan, Executive Secretary Michael Robinson, Assistant Administrator Ricardo Jimenez, Maintenance Worker I Joseph Polimino, Project Engineer Ariel Bacani, Engineering Technician II INTRODUCTION OF VISITORS AND PUBLIC COMMENTS Debbie Trabbatoni, the OC Advocacy Group SPECIAL RECOGNITION Assistant General Manager Vecchiarelli introduced Ricardo Jimenez, newly hired Maintenance Worker I. Assistant General Manager Vecchiarelli introduced Joseph Palomino, newly hired Project Engineer. Assistant General Manager Vecchiarelli recognized Ariel Bacani on his promotion to Engineering Technician II. Ricardo Jimenez, Joseph Polimino, Ariel Bacani and Michael Robinson left the meeting at 8:34 a.m. Operation Manager Lee Cory and General Counsel Art Kidman entered the meeting at 8:35 a.m. 11. Status Report on YLWD's request to Orange County Water District for the annexation of Districts lands. Debbie Trabattoni of The OC Advocacy Group spoke. General Manager Payne asked her to draft a response to Phil Anthony to acknowledge receipt of their letter. General Counsel Kidman said he, Mike Payne and Ken Vecchiarelli met with LAFCO staff. LAFCO is treating the application filed as incomplete. They will start discussing the application now and schedule meetings with Orange County Water District. They will formally engage a mediator who they anticipate will begin meeting with individuals to frame the scope of mediation. LAFCO is taking the position that parties do not want them to decide the matter. -1- 2007-50 Debbie Trabattoni commented on the meeting with the groundwater producers. She thought the meeting went really well. Since the application with LAFCO has been filed on behalf of the Bryant Ranch residents, the District's Board needs to meet with members of the LAFCO Board. General Counsel Kidman stated he has a meeting scheduled with John Moorlach the first week of April. Debbie Trabattoni is putting together a white paper and would like to coordinate with everyone at the District. General Counsel Kidman addressed two points of his conversation with OCWD Director Wes Bannister. Mr. Bannister was surprised that there had been board level meetings conducted on the side in private between OCWD and IRWD. He was not happy that certain board members were conducting business without all board members knowledge. Wes Bannister was quite taken back that one of the principal terms was paying attorney's fees when none had been ordered by the court. His recommendation was that the board needs to work with Roger Yoh. Director Beverage reported on a meeting he had some months ago with Roger Yoh. Debbie Trabattoni left the meeting at 8:53 a.m. CONSENT CALENDAR (Items 1 through 4) On a motion by Director Armstrong, seconded by Director Mills, the Board of Directors voted 5-0 to approve the Consent Calendar, with President Collett abstaining from voting on warrant 46249 of Consent Calendar Item 2. 1. Minutes of the Regular Board of Directors meeting held March 8, 2007. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,221,756.36 3. Approval of Change Order No. 2 and Progress Payment No. 7 for the Cast Iron Replacement and Sewer Improvement Projects - Various Locations. Recommendation: That the Board of Directors approve Change Order No. 2 adding three calendar days to the contract and Progress Payment No. 7 in the net amount of $326,469.65 to Vido Artukovich and Son Inc./Vidmar Inc., a Joint Venture. Job Nos. 200407, 200515, 200516, 200603 and 200604. 4. Approval of ACWA/JPIA property insurance renewal for the policy year of April 1, 2007 through April 1, 2008. Recommendation: That the Board of Directors approve the ACWA/JPIA property Insurance renewal premium for the policy year of April 1, 2007 through April 1, 2008 in the amount of $23,363.. ADJOURN TO CLOSED SESSION 5. There was no Closed Session. -2- 2007-51 ACTION CALENDAR 6. Consider Amendments to CALPERS Contract to provide Section 20042 - One year final Compensation for local miscellaneous members. Human Resources Manager Knight presented the report. Pursuant to the terms of the Memorandum of Understanding with the Employees Bargaining unit, the Board agreed to enhance the District's contract with CalPERS. Three years' final compensation will be replaced with the single highest year. CalPERS require the Board to adopt a resolution of intention. Another requirement is to identify the cost to the District. The benefit will be effective June 24, 2007. At the next Board meeting, another report will be presented to the Board for adoption. There was a question about the difference between present value of benefits and accrued liability. Human Resources Manager Knight explained. On a motion by Director Mills, seconded by Director Armstrong the Board of Directors, on a Roll Call vote, voted 5-0 to adopt Resolution No. 07-02, A Resolution of Intention to Approve an Amendment to the Contract between the Board of Administration of the California Public Employees' Retirement System and the Board of Directors of the Yorba Linda Water District. 7. Consider nominating Joan Finnegan as Vice President of the Executive Committee of ACWA Joint Powers Insurance Authority and nominating Melody Enriques- McDonald to the Executive Committee of ACWA Joint Powers Insurance Authority. On a motion by Director Armstrong, seconded by Director Mills, the Board of Directors, on a Roll Call vote, voted 5-0 to: 1) adopt Resolution No. 07-03 nominating MWDOC Director Joan Finnegan as Vice President of the Executive Committee of the ACW4 Joint Powers Insurance Authority, and 2) adopt Resolution No. 07-04 nominating Melody Enriques-McDonald to Executive Committee of ACWA Joint Powers Insurance Authority. General Manager Michael Payne entered the meeting at 9:14 a.m. 8. Consider Amendments to the Check Signing Policy & Procedures. Finance Director Cyganik presented the report. The matter was previously brought to the Board. It was referred to the Finance-Accounting Committee meeting where adoption of the resolution was recommended. The proposed changes recommended were to take out the names of individuals and list the titles of the officers. Another change involved the procedure for issuing manual checks. The responsibility will rest with the General Manager. The Finance Director and General Manager will be on the check signing machine plates and will have keys to the lockbox in the vault. In the case of manual checks, the Finance Director and Assistant General Manager will sign the check after the General Manager approves the invoice. -3- 2007-52 On a motion by Director Beverage, seconded by Director Armstrong, the Board of Directors on a Roll Call vote, voted 5-0 to adopt Resolution No. 07- 05 Authorizing Individuals to sign District Checks and Amending the Policy for the Use of an Automated Check Signing Machine and Resolution No. 04-08 be rescinded. 9. Consider the Financial Statements for the six months ending December 31, 2006 and the Financial Statements for the seven months ending January 31, 2007. Finance Director Cyganik presented the report. Director Beverage stated the Budget Variance will change to a presentation number. On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 5-0 to receive and file both financial statements. DISCUSSION ITEMS 10. Status Report on the Terms and Conditions for the Placentia Yorba Linda Unified School District Annexation. General Manager Payne reported he spoke with PYLUSD Superintendent Dennis Smith. The school district staff is gathering additional information requested by the District two weeks ago and will meet with District representative next week. The groundbreaking ceremony will be held April 4, 2007 at 10:30 a.m. Recommendation: This is for information only. No action is required. REPORTS, INFORMATION ITEMS AND COMMENTS 12. a. President's Report None b. Directors Reports None c. General Managers Report General Manager Payne reminded the Board about the pending seven-day shutdown of the Diemer Plant will commence next week. May is "water awareness" month, and the groundbreaking for the administration building will be held on May 5. d. General Counsel's Report General Counsel Kidman reported he attended the ACWA Legislative Symposium on March 21. One session addressed the Big Horn decision and the amendments under way (AB 2670). General Counsel Kidman reported at the last Board meeting that there was some disharmony between the League of Cities and ACWA, whose staff worked to craft some language. The League of Cities proposed some alternate language, which may not be satisfactory to Howard Jarvis Taxpayers Association. -4- 2007-53 The main problem is the need to solve the notice difficulty we currently have under state law. There are issues with the right to sue and the notice period. General Counsel Kidman has communicated with ACWA that the statute of limitations may foul up the bill, and if so, ACWA should get rid of the bill. COMMITTEE REPORTS 13. a. Executive-Administrative-Organizational Committee (Collett/Summerfield) Alternate: Armstrong 1) Minutes of the meeting held March 20, 4:00 p.m. will appear in the April 12, 2007 Board of Directors Agenda. Director Collett reported the committee discussed OCWD annexation and the General Manager's performance evaluation. Standing items discussed included a report on legislative activities, a report on grant applications and the City of Placentia ad hoc committee meeting. 2) Next meeting scheduled for April 17, 4:00 p.m. b. Finance-Accounting Committee (Mills/Beverage) Alternate: Summerfield 1) Minutes of the meeting held March 13 appeared in the agenda. Director Mills reported the items discussed appeared in the agenda. These items included: a professional services agreement with Stradling, Yocca, Carlson & Rauth, amendments to the check signing policy, financial statements for six months ending December 31, 2006 and seven months ending January 31, 2007. Standing items discussed included a review of investment reports for months ending December 31, 2006 and January 31, 2007. Keith Khorey reported on a monthly status report of investments ending February 28, 2007. Finance-Accounting Committee policy manuals have been prepared and are available to the Board members. 2) Next meeting scheduled for April 10, 4:00 p.m. Vice President Summerfield will attend as alternate in place of Director Mills. c. Personnel-Risk Management Committee (Summerfield/Armstrong) Alternate: Mills 1) Minutes of the meeting held March 12 appeared in the agenda. Vice President Summerfield reported the items discussed appeared in the agenda. These items included renewal of the ACWA/JPIA property insurance for policy year April 1, 2007 to April 1, 2008, a resolution to approve an amendment to the CalPERS contract, nomination of Joan Finnegan as Vice President to ACWA/JPIA's Executive Committee and nomination of Melody Henriques-McDonald to the ACWA/JPIA's Executive -5- 2007-54 Committee and amendments to the Board of Directors Benefits handbook. Standing items included a status report on District personnel and a status report on risk management activities. Personnel-Risk Management Committee policy manuals have been prepared and are available to Board members. 2) Next meeting scheduled for April 9, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Mills) Alternate: Collett 1) Meeting scheduled for April 5, 4:00 p.m. e. Public Information Committee (Collett/Beverage) Alternate: Armstrong 1) Next meeting scheduled for April 3, 4:00 p.m. f. Building Ad Hoc Committee (Summerfield/Beverage) Alternate: Armstrong 1) Meeting scheduled for March 29, 2007, 4:00 p.m. g. MWDOC Ad Hoc Committee (Beverage/Collett) Alternate: Mills 1) Meeting scheduled for April 24, 2007. INTERGOVERNMENTAL MEETINGS 14. a. Yorba Linda Planning Commission, March 14 Director Armstrong attended and questioned the overhang of second story additions intruding on the District's easements. General Counsel Kidman responded it is the degree of interference. It appears there should be a restrictive covenant in these cases. Assistant General Manager Vecchiarelli stated he expects his staff to be taking note of these items in the Planning Commission Agenda, because the District has the latitude to protect its interests. b. LAFCO, March 19 General Counsel Kidman, Assistant General Manager Vecchiarelli and General Manager Payne met with LAFCO staff and had a conversation about annexations. General Counsel Kidman stated there were no objections or barriers articulated. c. Yorba Linda City Council, March 20 Director Mills attended. The expansion of Heritage Oak private education facilities ended in a tie vote, so the Planning Commission decision stands. Town hall meetings will be held from time to time. -6- 2007-55 d. MWDOC Board, March 21 There was nothing of concern to staff. e. OCWD Board, March 21 (Staff) Staff did not attend. Director Beverage reported on March 19, Director Beverage and General Manager Payne attended an ad hoc meeting with representatives of the City of Placentia. Discussions included the OCWD annexation, conversations the city had with Golden State Water Company. Additional discussion topics included the Municipal Service Review of the District, meeting space at the administration building, power poles, Mira Loma and Richfield Road improvements, water awareness month, Townsend Public Affairs and the sewer billing agreement. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after March 22, 2007. Agenda is available in the District office prior to meeting. March 2007 Yorba Linda Planning Commission, Mar 28, 6:30 p.m. Anril gnn7 Public Information Committee, April 3, 4:00 .m. Collett/Beverage Yorba Linda City Council, April 3, 6:30 .m. Mills MWDOC/MWD Joint Workshop, April 4, 8:30 a.m. Staff OCWD Board, April 4, 5:00 .m. Staff _ Plan nin -En ineering-Operations Committee, April 5, 4:00 .m. Armstrong/Mills WACO, April 6, 7:30 a.m. Mills Personnel-Risk Management Committee, April 9, 4:00 .m. Summerfield/Armstrong Finance-Accounting Committee, April 10, 4:00 .m. Mills/Beverage Yorba Linda Planning Commission, April 11, 6:30 p.m. Armstrong Executive-Admin-Or anizational Committee, April 17, 4:00 .m. Collett/Summerfield Yorba Linda City Council, April 17, 6:30 .m. Collett MWDOC Board, April 18, 8:30 a.m. Staff OCWD Board, April 18, 5:00 .m. Staff Building Ad Hoc Committee, April 19, 4:00 .m. Summerfield/Bevera e Yorba Linda Planning Commission, April 25, 6:30 .m. Summerfield CONFERENCES AND SEMINARS 15. 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. -7- 2007-56 ADJOURNMENT On a motion by Director Beverage, seconded by Director Mills, the Board of Directors voted 5-0 to adjourn at 10:03 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, April 12, 2007, at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. Ke neth R. Vecchiarelli Assistant Secretary -8-