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HomeMy WebLinkAbout2005-05-12 - Board of Directors Meeting Minutes2005-69 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING May 12, 2005, 8:30 A.M. The May 12, 2005 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Michael J. Beverage at 8:32 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL Michael J. Beverage, President William R. Mills John W. Summerfield STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, General Counsel Kenneth Vecchiarelli, Asst G.M. Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Stacy Bavol, Customer Service Amelia Cloonan, Administrative Secretary Pedro Garcia, Maintenance Worker II Leon de Los Reyes, Water Quality Engineer DIRECTORS ABSENT AT ROLL CALL Paul R. Armstrong, Vice President Ric Collett VISITORS PRESENT None SPECIAL RECOGNITION AND PRESENTATIONS Pedro Garcia, Maintenance Worker II, was introduced by Lee Cory, Operations Manager. President Beverage presented him with a twenty five year service pin. Pedro Garcia left the meeting at 8:36 a.m. Item 4 was removed from the Consent Calendar and continued to the next Board meeting, because there was not a quorum present to vote on this item. Items 3 and 6 were removed from the Consent Calendar for discussion. CONSENT CALENDAR (Items 1 through 6) On a motion by Director Summerfield, seconded by Director Mills, the Board of Directors voted 3-0 to approve Consent Calendar items 1, 2 and 5. 1. Minutes of the Regular Board of Directors meeting held April 28, 2005. Recommendation: Approve minutes. 2. Minutes of the Adjourned Regular Board of Directors meeting held April 29, 2005. Recommendation: Approve minutes. -1- 2005-70 5. Declaration of Restrictive Covenants, Mr. & Mrs. Byrd, 16691 Oakhurst Circle. Recommendation: Authorize the President and Secretary to execute the Declaration of Restrictive Covenants Agreement with Mr. and Mrs. Byrd, subject to approval as to form by General Counsel. 3. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $618,080.63. Director Mills questioned an item for $3100 paid to Rain for Rent. Operations Manager Cory stated this was a charge for dewatering a basin. Director Mills also questioned a payment to Stacy Bavol for $750 for Petty Cash. General Manager Payne explained there was a policy change respecting petty cash. There are now two accounts, one at the Richfield Plant and one at the Plumosa Drive Administration Office. This request will establish the new petty cash box at the Richfield Plant. 6. RBF Addendum to Consultant's Agreement for inspection and construction management on central Yorba Linda pipeline. Recommendation: Approve Addendum No. 2 for Construction Management and Inspection Services to RBF Consulting in the amount of $78,208. Director Mills asked about the background for the additional funds. Assistant General Manager Vecchiarelli stated this addendum is needed to make up a gap for funding extra work required to remobilize the project. When the full Board considered the Artukovich settlement, it was indicated there would be additional costs for RBF. Included in the costs are technical assistance, revisions, plan site, legal description and survey. Director Mills requested backup of the charges be provided to the Board for this type of item. President Beverage stated this item did not come before the Planning-Engineering-Operations Committee. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 3-0 to approve Consent Calendar items 3 and 6. The Board of Directors went into Closed Session at 8:50 a.m. All Directors were present. Also present were Assistant General Manager Vecchiarelli and General Counsel Kidman. General Manager Payne was excused during discussion of item 7.a. ADJOURN TO CLOSED SESSION 7. The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. a. Conference with Legal Counsel regarding pending litigation to which the District is a party. (Justification for Closed Session is Government Code Section 54956.9(b)) (one case) General Manager Payne rejoined the Closed Session at 9:01 a.m. -2- 2005-71 b. Conference with Legal Counsel regarding existing litigation to which the District is a party. (Justification for Closed Session is Government Code Section 54956.9(a)) Orange County Water District vs. Yorba Linda Water District. c. Discussion of pending litigation to which the District is a party (Justification for Closed Session is Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 11919 Gateway Pacific Contractors, Inc. d. Conference with property negotiator prior to the purchase, sale, exchange, or lease of real property. (Justification for Closed Session is Government Code Section 54956.8) (one case) The Board of Directors came out of Closed Session at 9:26 a.m. A recess was declared. Assistant General Manager Vecchiarelli left the meeting. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 9:30 a.m. Customer Service Supervisor Bavol, Assistant Administrator Robinson, Water Quality Engineer de Los Reyes and Admin Secretary Cloonan rejoined the meeting. CLOSED SESSION REPORT There was no Closed Session report. ACTION CALENDAR 8. Consider 2005 Consumer Confidence Report. Assistant Administrator Robinson reported Water Quality Engineer de Los Reyes had done the vast majority of the work on the report respecting all changes and current numbers. Mr. Robinson revised and edited the text where necessary. Mr. de Los Reyes said the inclusion of NDMA, not yet a regulated chemical, was new this year and notification level is a new term. There was discussion about possible future changes in reporting. Director Mills asked that language be added to reflect this is an unfunded mandate, which goes to the cost of the District. President Beverage asked Assistant Administrator Robinson if the District had sent letters out regarding cost of preparation and distribution of this report. He responded the District has done so. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 3-0 to approve and authorize publication of the 2005 Consumer Confidence Report, with changes noted. Leon de Los Reyes left the meeting at 9:44 a.m. REPORTS, INFORMATION ITEMS AND COMMENTS 9. a. President's Report President Beverage had nothing to report. -3- 2005-72 b. Directors Reports Two Directors will be unable to attend meetings at various times during the last week in September and two weeks in October. c. General Managers Report General Manager Payne distributed copies of the proposed budget to the Board of Directors. He requested the Board members review the budget to see if they want to add or delete items and bring this back to the Board Workshop scheduled for May 19. d. General Counsel's Report General Counsel Kidman had nothing to report. COMMITTEE REPORTS 10. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong (Collett)*) Meeting scheduled for May 17, 4:00 p.m. Michael Robinson left the meeting at 9:52 a.m. b. Finance-Accounting Committee (Mills/Collett) Minutes of meeting held May 4. (Beverage*/Summerfield*)* Meeting held May 10, 4:00 p.m. Director Summerfield reported the committee reviewed the draft departmental budgets for Fiscal Years 2005-06 and 2006-07. There were some constructive comments. These budgets will be completed for the workshop scheduled for May 19. President Beverage reported the meeting on May 10 covered the same item. The final numbers for personnel salaries and benefits were missing. Director Mills asked if the same information provided to the committee members could be provided to all Board members. There was a discussion about how this could be accomplished under the Brown Act. General Counsel Kidman stated bringing the information back to the full Board is acceptable. If a Director has not received information he wants, he can request that information. The Brown Act is clear that if information is communicated to all board members through any means, a violation of the Brown Act occurs, because a serial board meeting is created. President Beverage said a Director can call General Manager Payne and ask to be provided with the information at the board meeting or at another time. c. Personnel-Risk Management Committee (Collett/Mills) Minutes of meeting held May 9 will appear in the Board agenda for May 26. Director Mills reported a consultant has been brought aboard and is preparing revisions to the Job descriptions. The revisions are commencing with the bargaining group. The committee looked at salary setting. Some tables were presented to the committee members. Directors Mills and Collett recommended keeping the salary adjustment process the same for now. -4- 2005-73 Meeting scheduled for June 13, 4:00 p.m. Assistant General Manager Vecchiarelli returned to the meeting at 9:58 a.m. d. Planning-Engineering-Operations Committee (Armstrong (Beverage)*/ Summerfield) Minutes of meeting held May 5. Director Summerfield reported the minutes of the meeting are in the agenda. The first item, meter replacement, is a monumental task. It was discussed that rather than stretching the program out over ten years an outside source should be contracted to complete the replacement. The master plan was discussed. The production report was encouraging. Director Mills requested a copy of the production report. President Beverage asked staff to add potential rebates for water saving devices to the Finance-Accounting Committee Agenda. Director Summerfield mentioned a program in Big Bear for replacement of shower heads, toilets, etc., when a property changes hands. Meeting scheduled for June 2, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) Meeting scheduled for June 6, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Meeting scheduled for May 31, 4:00 p.m. g. MWDOC Ad Hoc Committee (Beverage/Armstrong (Summerfield)*) Meeting scheduled for May 23, 4:00 p.m. h. OCWD Ad Hoc Committee (Beverage/Mills) Meeting scheduled for May 16, 4:00 p.m. INTERGOVERNMENTAL MEETINGS President Beverage asked Director Mills to report on the ACWA/JPIA Spring meeting, May 2 through May 6, San Jose. Director Mills reported there is a soft market in insurance right now. ACWA/JPIA rates are 10-30% less than commercial rates. Their workers compensation program is doing very well. Director Mills requested General Manager Payne distribute copies of ACWA/JPIA's investment policy to the Finance-Accounting Committee. Their investments are at 3.6%. At the ACWA Conference, Director Mills attended a presentation by Lester Snow and a program on solar energy. ACWA has two partners who will come out to look over the -5- 2005-74 District's situation at no cost. Also at the conference, there was a lot of discussion about the Urban Water Management Plan. A new bill has been introduced in the state senate by Kuehl, which asks the question how we use our water in this state. ACWA has completed development of a plan to be presented to the Governor about problems with water. The report is entitled "No Time to Waste". ACWA wants this document presented to our local officials. 11. a. Water Education Foundation Lower Colorado River Tour, April 6-8. Director Summerfield reported there was a mixed group of elected officials and Sierra Club people on the tour, which commenced in Las Vegas at the Hoover Dam. The tour organizers spoke about the Bureau of Reclamation release of water from Glenn Canyon Dam to rearrange the sand bar causing a loss of 63% of an endangered species of fish, the humped back chub. In the Beal Lake area, an attempt is being made to bring back the willow tree, choked out by the salt cedar. Director Summerfield reported on the Arizona Water Project, the Yuma desalting plant, the New River created when the Colorado River overflowed, possible selenium pollution at the Salton Sea and the eco system restoration plan, which should be finished in 2006. Imperial Irrigation District will maintain the current level of the Salton Sea until 2017. b. Yorba Linda City Council, May 3 Director Summerfield attended. The storm drain on Plumosa Drive and Bastanchury Road was finalized. c. Yorba Linda Planning Commission, May 11 Director Mills reported there was nothing of interest to the District. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after May 12, 2005. Agenda is available in the District office prior to meeting. Mav OCWD Ad Hoc Committee, May 16,4:00 .m. Beverage/Mills Executive-Administration-Organizational Comm., May 17, 4:00 p.m. Beverage/Armstrong (Mills or Collett)* Yorba Linda City Council, May 17, 6:30 .m. Collett MWDOC Board, May 18 16, 8:30 a.m. Staff 8,5:00 .m. OCWD Board, May 1 Staff . . Board Workshop, May 19, 8:30 a.m., 913 S. Richfield Road MWDOC Ad Hoc Committee, May 23,4:00 p.m. Beverage/Armstrong (Summerfield)* Yorba Linda Planning Commission, May 25, 6:30 .m. Armstrong (Mills)* June MWDOC/MWD Joint Workshop, June 1, 8:30 a.m. Staff OCWD Board, June 1, 5:00 .m. Staff Planning-Engineering-Operations Committee, June 2, 4:00 p.m. Armstron /Summerfield WACO, June 3, 7:30 a.m. Mills Public Information Committee, June 6, 4:00 p.m. Summerfield/Bevera e -6- 2005-75 ISDOC Board, June 7, 7:30 a.m. Staff Yorba Linda City Council, June 7, 6:30 .m. Summerfield Yorba Linda Planning Commission, June 8, 6:30 p.m. Mills Personnel-Risk Management Committee, June 13 9, 4:00 .m. Collett/Mills Finance-Accounting Committee, June 14, 4:00 p.m. Mills/Collett MWDOC Board, June 15, 8:30 a.m. Staff OCWD Board, June 15, 5:00 p.m. Staff Executive-Administration-Organizational Comm., June 21, 4:00 p.m. Beverage/Armstrong Yorba Linda City Council, June 21, 6:30 .m. Collett Yorba Linda Planning Commission, June 22, 6:30 .m. Armstrong ISDOC Membership June 30,11:30 a.m. Mills indicates this person is substituting for the committee member. CONFERENCES AND SEMINARS 12. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. Director Mills mentioned the Dennis Underwood dinner being held Thursday, June 2. Mr. Underwood is the new General Manager at Metropolitan Water District. Board members were requested to contact the General Manager if they were interested in attending. ADJOURNMENT On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 3-0 to adjourn at 10:44 a.m. to an adjourned regular meeting of the Board of Directors scheduled for Thursday, May 19, 2005 at 8:30 a.m., at the Richfield Plant, 913 S. Richfield Road, Placentia. Michael A. Payne Secretary/General M -7- 2005-76