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HomeMy WebLinkAbout2011-07-14 - Board of Directors Meeting Minutes 2011-123 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 14, 2011 1. CALL TO ORDER The July 14, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8:33 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Lee Cory, Operations Manager Phil Hawkins, Vice President Steve Conklin, Engineering Manager Robert R. Kiley Gina Knight, Human Resources Mgr Gary T. Melton Stephen Parker, Finance Manager ' Art Vega, Interim IT Manager Damon Micalizzi, Public Info Officer Annie Alexander, Executive Secretary DIRECTORS ABSENT Ric Collett ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Mayor, City of Yorba Linda Art Kidman, General Counsel, Kidman, Behrens & Tague Eddy Beltran, Senior Associate, Kidman, Behrens & Tague Mike Bailey, Facilities and Planning Director, PYLUSD 4. ADDITIONS/DELETIONS TO THE AGENDA President Beverage announced that if a member of the Citizens Advisory Committee arrived to provide a report on the meeting held June 27, 2011 that Item No. 10.7. would be taken at that time. 5. PUBLIC COMMENTS None. 1 1 6. CLOSED SESSION 2011-124 , President Beverage announced that there was no longer a need for Item No. 6.1. Mrs. Knight reported that representatives from the District and the bargaining unit had met the previous afternoon. The next meeting is scheduled for July 27, 2011 at 1:30 p.m. and the following Closed Session will be rescheduled for the next regular Board meeting on July 28, 2011. 6.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association Mayor Rikel joined the meeting at this time. 7. CONSENT CALENDAR President Beverage requested to remove Item Nos. 7.4. and 7.5. from the Consent Calendar for separate action. , Director Hawkins made a motion, seconded by Director Melton, to approve the remainder of the Consent Calendar. Motion carried 4-0-1 with Director Collett being absent. 7.1. Minutes of the Board of Directors Regular Meeting Held June 23, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting Held July 6, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,583,398.34. 2 2011-125 ' ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION President Beverage explained that he had requested these items be removed from the Consent Calendar as he wanted to confirm that they had been previously reviewed by the District's legal counsel. Director Melton confirmed that legal counsel had reviewed both matters prior to them being presented to the Planning- Engineering-Operations Committee the previous week. President Beverage then requested that the statement "subject to approval as to form by General Counsel", be removed from the recommendation on Item No. 7.5. President Beverage also requested that future items be reviewed by legal counsel (as applicable) prior to being presented to a Committee or the Board of Directors for consideration. Director Beverage made a motion, seconded by Director Kiley to approve Item Nos. 7.4. and 7.5. Mr. Kidman responded to questions from Director Hawkins regarding the review process of the Board of Directors' meeting agendas. Brief discussion followed. Motion carried 4-0-1 with Director Collett being absent. 7.4. Terms and Conditions for Water Service with Placentia-Yorba Linda Unified School District ' Recommendation: That the Board of Directors approve the Terms and Conditions for Water Service with Placentia-Yorba Linda Unified School District, Job No. 201113. 7.5. Declaration of Restrictive Covenants with John Ku Recommendation: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with John Ku. 8. DISCUSSION ITEMS 8.1. Rescheduling of Board of Directors Meeting on August 11, 2011 from 8:30 a.m. to 6:30 p.m. to Accommodate Public Comments Regarding the Elk Mountain Reservoir Practice Field Project The Board discussed the need for holding an evening meeting to receive comments from the public regarding the proposed Elk Mountain Reservoir Practice Field Project. Following brief discussion, the Board decided to hold a workshop meeting on August 4, 2011 at 6:30 p.m. for this purpose. The Planning-Engineering-Operations Committee meeting will be held August 2, 2011 at 4:00 p.m. and the Board of Directors meeting on August 11, 2011 ' will be held at 8:30 a.m. 3 2011-126 9. REPORTS. INFORMATION ITEMS AND COMMENTS ' 9.1. President's Report None. 9.2. Directors' Reports ■ OC Tax Roses, Radishes & Royalty Awards Dinner - July 7, 2011 (Kiley) Director Kiley reported on his attendance at this event. Director Hawkins stated that over 300 people were present including representatives from 3 other water districts. President Beverage reported that District employees recently participated in a potluck lunch to celebrate the 4t' of July. Thank you letters will be sent out to various staff members for their assistance with the event. 9.3. General Counsel's Report Mr. Kidman commented on a recent ruling in the Ni vs. Slocum case invalidating the use of digital signatures on an initiative petition. Mr. Kidman also commended the District on its GIS capabilities and the benefits this program has provided during the process of transferring the sewer system ' from the City of Yorba Linda. Director Barbre joined the meeting at this time. Director Barbre then addressed the Board and provided a report on the current water supply. Director Barbre also reported that MWD had released its annual water quality report after which he responded to questions from the Board regarding concerns over potential flooding. A copy of the MWD annual water quality report was provided to Mr. Conklin by Director Barbre. 9.4. Future Agenda Items and Staff Tasks None. Mr. Bailey joined the meeting at this time. 4 2011-127 COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Meeting scheduled July 19, 2011 at 4:00 p.m. Director Kiley asked about the status of scheduling a tour of the Brea Police Department. Mr. Micallizzi stated that he was waiting on a response from the Chief's office. President Beverage requested that a workshop meeting be scheduled to evaluate the implementation of the Great Plains software program. Scheduling will be facilitated by the Public Affairs-Communications- Technology Committee. 10.2. Finance-Accounting Committee (Collett/Kiley) Minutes of the meeting held July 11, 2011 were provided at the meeting. Directors Collett and Kiley attended. Matters discussed during the meeting included: Sewer Maintenance Charges; Status Report on Committee ' Specific Strategic Plan Initiatives; May 2011 Budget to Actual Results; and May 2011 Investment Report. Meeting scheduled August 8, 2011 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Kiley/Beverage) Minutes of the meeting held July 12, 2011 were provided at the meeting. Directors Kiley and Beverage attended. Matters discussed during the meeting included: Status Report on Committee Specific Strategic Plan Initiatives; Status of Recruitments and Budgeted Positions; and Status of Human Resources and Risk Management Activities. Meeting scheduled August 9, 2011 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton/Collett) Minutes of the meeting held July 7, 2011 were provided in the agenda packet. Directors Melton and Collett attended. Matters discussed during the ' meeting included: Declaration of Restrictive Covenants with John Ku; Initiating LAFCO Proceedings for Locke Ranch Annexation; Status Report on Capital Projects in Progress; Status Report on Committee Specific Strategic Plan Initiatives; Monthly Groundwater Production and Purchased Import Water Report; and Monthly Preventative Maintenance Program Report. 5 2011-128 Meeting scheduled August 2, 2011 at 4:00 p.m. ' 10.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of the meeting held July 13, 2011 were provided at the meeting. Directors Hawkins and Melton attended. Matters discussed during the meeting included: Elk Mountain Neighborhood Meeting; Ideas for Summer Newsletter Content; Bottled Water Label Art Contest; Conservation Signs; Status of Video Recording in Board Room; Dynamics GP Consultant; Computerized Maintenance & Management System Project Status; and Status Report on Committee Specific Strategic Plan Initiatives. Meeting scheduled August 1, 2011 at 4:00 p.m. was rescheduled to 12:00 p.m. the same day. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Meeting scheduled July 26, 2011 at 4:00 p.m. Director Hawkins stated that he would be unable to attend this meeting. 10.7. Citizens Advisory Committee ' (Beverage) Minutes of the meeting held June 27, 2011 were provided in the agenda packet. Director Beverage attended. Matters discussed during the meeting included: Committee Structure and Re-Organization; Mission Statement and Purpose; Tour of the District; and Elk Mountain Reservoir Field Project. Meeting scheduled July 25, 2011 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL Planning Commission - June 29, 2011 (Kiley) This meeting was cancelled. Item No. 11.7. was taken out of order. 11.7. YL Planning Commission - July 13, 2011 (Kiley) Director Kiley attended and commented on a public hearing for a conditional use permit which was held during the meeting. 1 6 2011-129 ' 11.2. ISDOC - June 30, 2011 (Hawkins/Kiley) Directors Hawkins and Kiley both attended. Director Hawkins reported that the main speaker, former State Assemblyman Todd Spitzer, provided a presentation regarding the Orange County Grand Jury's recent compensation study and proposed legislation for greater transparency in local government. 11.3. YL City Council - July 5, 2011 (Hawkins) Director Hawkins attended and reported that several public comments regarding the proposed equestrian center were made during the meeting. A public hearing regarding the assessments for the Street Lighting and Landscaping Maintenance District was also held. President Beverage stated that an invitation to form a joint agency committee had been sent to the Yorba Linda City Council. If approved, the first meeting has been tentatively scheduled for August 23, 2011. Mayor Rikel left the meeting at this time. 11.4. MWDOC/MWD Workshop - July 6, 2011 (Melton/Staff) Director Melton attended and commented on the Huntington Beach Ocean Desalination Project which was discussed during the meeting. ' 11.5. OCWD Board - July 6, 2011 (Staff) Mr. Conklin attended and reported that the OCWD board requested submission of proposed terms for a potential agreement with the District for the construction of a water well at Warner Basin. Staff had a meeting with OCWD on July 12, 2011 to discuss terms and conditions for drafting a lease agreement. Mr. Conklin further stated that the potential consolidation of OCWD and MWDOC was also discussed at length during the meeting. 11.6. WACO -July 8, 2011 (Hawkins/Kiley/Melton) Directors Hawkins, Kiley and Melton attended. Director Hawkins reported that two presentations regarding a development plan for the Delta and flood control at the Prado Dam were provided at the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from July 15, 2011 -August 31, 2011 The Board reviewed the listed meetings and made no additional changes. 13. CONFERENCES AND SEMINARS ' 13.1. ACWA Regulatory Summit- August 17, 2011 Director Hawkins made a motion, seconded by Director Kiley, to authorize Director attendance at the summit. Motion carried 4-0-1 with Director Collett being absent. 7 I 2011-130 A brief recess was declared at 9:36 a.m. All attendees not participating in the Closed , Session left the meeting at this time. The meeting reconvened at 9:41 a.m. 14. CLOSED SESSION CONTINUED The meeting was adjourned to Closed Session at 9:42 a.m. All Directors with the exception of Director Collett were present. Also present were Mrs. Knight and Messrs. Kidman and Beltran. 14.1. 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: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) Pending Settlement Agreement ' The Board reconvened in Open Session at 10:44 a.m. President Beverage announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 8 2011-131 ' No Closed Session for Item No. 14.2. was held. 14.2. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code 15. ADJOURNMENT 15.1. The meeting was adjourned at 10:45 a.m. The next regular meeting of the Board of Directors will be held July 28, 2011 at 8:30 a.m. Annie Alexander Executive Secretary 9