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HomeMy WebLinkAbout2011-12-08 - Board of Directors Meeting Minutes 2011-213 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING December 8, 2011 1. CALL TO ORDER The December 8, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by Director Beverage at 8:31 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 Director Beverage led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage Ken Vecchiarelli, General Manager Ric Collett Steve Conklin, Engineering Manager Phil Hawkins Gina Knight, Human Resources Manager ' Robert R. Kiley Stephen Parker, Finance Manager Gary T. Melton Art Vega, Interim IT Manager Damon Micalizzi, Public Information Officer Ken Mendum, Water Maint Superintendent Cody Nottingham, Maintenance Worker II Annie Alexander, Executive Secretary ALSO PRESENT Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, General Counsel, Kidman Behrens & Tague LLP Andrew Gagen, Associate, Kidman, Behrens & Tague LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee Dane Frank Kyndra Frank Chloe Frank Alissa Hawkins Mark Schock 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli stated that Item No. 6. could be taken prior to Item No. 5. if President Beverage desired to do so. President Beverage decided to switch the order of these two items. ' 6. PUBLIC COMMENTS None. 1 2011-214 5. SEATING OF DIRECTORS ' 5.1. Reorganization of the Board of Directors for Calendar Year 2012 Mr. Vecchiarelli explained that it was time again for the election of officers and requested nominations for the position of President. Director Melton nominated Director Hawkins to serve as President. Director Kiley seconded the nomination. The Board approved the nomination 5-0. The meeting was then turned over to President Hawkins as the presiding officer. Mr. Vecchiarelli subsequently requested nominations for the position of Vice President. Director Kiley nominated Director Melton to serve as Vice President. Director Hawkins seconded the nomination. The Board approved the nomination 5-0. Mr. Vecchiarelli explained that staff was recommending that the Board appoint himself as Secretary, Ms. Alexander as Assistant Secretary and Mr. Parker as Treasurer. Director Beverage made a motion, seconded by Director Kiley to appoint ' Ken Vecchiarelli as Secretary, Annie Alexander as Assistant Secretary, and Stephen Parker as Treasurer. Motion carried 5-0. President Hawkins thanked his wife, Alissa Hawkins, for attending the Board meeting. Vice President Melton thanked Director Beverage for his service as President during the previous year. 7. SPECIAL RECOGNITION 7.1. Introduce Cody Nottingham, Newly Promoted to Maintenance Worker II Mr. Mendum introduced Mr. Nottingham and provided the Board with an overview of his background and work experience. The Board congratulated Mr. Nottingham for his recent promotion. 7.2. Presentation of Proclamation to Chloe Frank for Winning the District's 2011-12 Bottled Water Label Contest President Hawkins presented a proclamation to Ms. Frank in recognition of her accomplishment. Mr. Micalizzi explained the purpose of the contest and the District's bottled water program. The Board congratulated Ms. Frank and her parents. 2 2011-215 ' 8. COMMITTEE REPORTS 8.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held November 28, 2011 at 8:30 a.m. were provided in the agenda packet. Mr. Mole provided a brief report regarding matters discussed during the meeting. Director Beverage congratulated Mr. Mole for being selected as the Committee Chair and stated that he would continue to attend these meetings during the next calendar year. Meeting scheduled January 23, 2012 at 8:30 a.m. 9. CONSENT CALENDAR Director Collett made a motion, seconded by Director Beverage, to approve the Consent Calendar. Motion carried 5-0. 9.1. Minutes of the Board of Directors Regular Meeting Held November 23, 2011 Recommendation: That the Board of Directors approve the ' minutes as presented. 9.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $682,310.46. 9.3. Financial Statements for the Quarter Ending September 30, 2011 Recommendation: That the Board of Directors receive and file the Financial Statements for the Quarter Ending September 30, 2011. 10. ACTION CALENDAR 10.1. Board of Directors Compensation Mr. Vecchiarelli explained that the Board could consider adjusting their compensation rate for the upcoming year as permitted by the Water Code. The compensation rate is currently set at $150.00 per day (limited to 10 days per month) and could be increased up to a maximum of $256.55 per day since the law allows a 5% increase for each year since the last time the rate was adjusted. ' Director Beverage stated that the Executive-Administrative-Organizational Committee had reviewed this matter and recommended that the Board not increase their compensation rate at this time. 3 2011-216 Director Beverage made a motion, seconded by Director Collett, to not ' increase the Board of Directors' compensation rate for the upcoming calendar year. Motion carried 5-0. 10.2. Resolution Requesting a Seat on the Orange County Sanitation District Board Mr. Vecchiarelli explained that in order to more directly represent its new sewer service customers, staff was recommending that the District request a seat on the Orange County Sanitation District (OCSD) Board of Directors. Mr. Vecchiarelli further explained that while the City of Yorba Linda supports the District's efforts in this regard, it would not be supportive of relinquishing its membership on the OCSD Board. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 11-19 Requesting a Seat on the Orange County Sanitation District Board of Directors. Motion carried 5-0 on a roll call vote. 10.3. Employee Agreements for the Period July 1, 2011 through June 30, 2012 Mrs. Knight provided an overview of the proposed Memorandum of Understanding (MOU) with the District's Employees Association. Mrs. Knight and Mr. Vecchiarelli then responded to questions from the Board regarding changes to the retirement benefits for new hires, the new 4/10 work schedule and goals for completing subsequent negotiations before ' the beginning of the next fiscal year. Director Hawkins stated that while he was in favor of some of the new provisions included in the MOU, he would be voting against its adoption as he was opposed to the implementation of a 4/10 work schedule. Director Beverage stated that he would also be voting against the adoption of the MOU as there were several members of the bargaining unit who did not accept the good faith offer that included implementation of a 4/10 work schedule. A roll call vote was initiated for the adoption of Resolution No. 11-20. As no motion or second had been made prior to the vote, it was determined to be invalid. Director Collett made a motion, seconded by Director Melton, to adopt Resolution No. 11-20 Adopting the Memorandum of Understanding and Pay Plan Between the District and the Yorba Linda Water District Employees Association. Motion carried 3-2 on a roll call vote with Directors Beverage and Hawkins voting No. Director Beverage made a motion, seconded by Director Collett, to adopt ' Resolution No. 11-21 Adopting the Employee Compensation Letter and Pay Plan for Supervisory and Confidential Employees. Motion carried 4-1 on a roll call vote with Director Hawkins voting No. 4 2011-217 ' Director Beverage made a motion, seconded by Director Collett, to adopt Resolution No. 11-22 Adopting the Employee Compensation Letter and Pay Plan for Management Employees. Motion carried 4-1 on a roll call vote with Director Hawkins voting No. The Board commended Mrs. Knight for her work with the bargaining unit. 10.4. Customer Refunds on Sewer Service Charges Mr. Parker explained the purpose of the refunds and responded to questions from the Board regarding timing and customer notification. Director Collett made a motion, seconded by Director Kiley, to approve refunding up to four years of excess sewer service charges to 100 affected customers at a maximum expense of $17,353. Motion carried 5-0. 10.5. OPEB Liability Pay Down Mr. Parker explained that prefunding the District's OPEB costs will help reduce the associated liability. Mr. Parker further stated that the Finance- Accounting Committee had reviewed this matter and supported staffs recommendation. Director Kiley made a motion, seconded by Director Collett, to authorize staff to deposit $263,810 ($317,979 less actual retiree costs through November 2011) to the California Employees' Retirement Benefit Trust (CERBT) for Fiscal Year 2011112. Motion carried 5-0. 11. REPORTS. INFORMATION ITEMS. AND COMMENTS 11.1. President's Report President Hawkins thanked the other Board members for their support and made a few suggestions regarding committee assignments for the remainder of the month and upcoming calendar year. President Hawkins then asked the Directors to notify him of any specific preferences they might have. 11.2. Directors' Reports (The following reports were provided out of order.) AB1825 Training - December 6, 2011 (Beverage) Director Beverage reported on his attendance at this training and commented on his observance of changes in the workplace environment over the years. 5 2011-218 ■ ACWA Conference - November 30 - December 2, 2011 ' (Hawkins/Kiley/Melton) ■ ACWA/JPIA Conference -November 28-29, 2011 (Kiley/Melton) Directors Hawkins, Kiley and Melton reported on their attendance at these two conferences and commented on the quality of the sessions offered and the topics covered. ■ A81234 Training - November 30, 2011 (Melton) Director Melton reported on his attendance at this training and commented on the material provided regarding the Ralph M. Brown Act. President Hawkins thanked Mr. Vecchiarelli and Mr. Kidman for their comments during a session at the ACWA/JPIA conference regarding the legal services and support being provided to the District for litigation related to the Freeway Complex Fire. 11.3. General Manager's Report • Tour of Administration Building Mr. Vecchiarelli reported that staff had provided a tour of the ' Administration building to management staff from the Walnut Valley Water District. ■ ACWA/JPIA Low Loss Ratio Award Mr. Vecchiarelli further reported that the District had received a low loss ratio award related to workers' compensation losses from ACWA/JPIA for the previous fiscal year. Mr. Vecchiarelli thanked Mrs. Knight and the Operations staff for their work on creating and supporting a safety conscious work environment. Mr. Vecchiarelli concluded his comments by stating that he looked forward to seeing the Board and staff at the Employee Recognition Dinner the following evening. 11.4. General Counsel's Report Mr. Kidman stated that there was a need for a Closed Session regarding pending litigation (Item No. 15.1.) Mr. Kidman then commented on a session he attended at the ACWA/JPIA conference. 11.5. Future Agenda Items and Staff Tasks None. ' 6 2011-219 ' 12. COMMITTEE REPORTS CONTINUED 12.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of the meeting held November 30, 2011 at 4:30 p.m. were provided in the agenda packet. Meeting scheduled December 20, 2011 at 4:00 p.m. 12.2. Finance-Accounting Committee (Collett/Kiley) Minutes of the meeting held November 28, 2011 at 4:00 p.m. were provided in the agenda packet. Meeting scheduled December 27, 2011 at 4:00 p.m. 12.3. Personnel-Risk Management Committee (Kiley/Beverage) ' Meeting scheduled December 13, 2011 at 4:00 p.m. 12.4. Planning-Engineering-Operations Committee (Melton/Collect) Meeting scheduled December 13, 2011 at 11:00 a.m. 12.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Minutes of the meeting held November 18, 2011 at 10:00 a.m. were provided in the agenda packet. Minutes of the meeting held December 7, 2011 at 4:00 p.m. will be provided at the next Board meeting. Meeting scheduled January 3, 2012 at 4:00 p.m. 12.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Minutes of the meeting held November 22, 2011 at 4:00 p.m. were provided in the agenda packet. Meeting scheduled January 24, 2012 at 4:00 p.m. 7 2011-220 13. INTERGOVERNMENTAL MEETINGS ' 13.1. YL City Council - December 6, 2011 (Hawkins) Director Hawkins attended and noted the many public comments provided during the meeting regarding the provision of law enforcement services. Director Hawkins further reported that a grant of easement to the District had been approved on the consent calendar. 13.2. MWDOC/MWD Workshop -December 7, 2011 (Melton/Staff) Director Melton attended and commented on the agencies' (MWD's) water storage goals. Other matters discussed during the meeting included (MWD's) water rates, fixed expenses and strategies for offsetting serious revenue shortfalls. 13.3. OCWD Board - December 7, 2011 (Kiley/Staff) Director Kiley attended and commented on the agency's fixed expenses which were discussed during the meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from December 9, 2011 -January 31, 2012 The Board reviewed the listed meetings and made no changes. On a motion by Director Collett, seconded by Director Kiley and unanimously approved ' by the Board, the Board of Directors meeting was adjourned to the Public Financing Corporation meeting at 9:43 a.m. (Minutes of the Public Financing Corporation meeting have been recorded separately.) On a motion by Director Beverage, seconded by Director Collett and unanimously approved by the Board, the Public Financing Corporation meeting was adjourned and the Board of Directors meeting was reconvened at 9:46 a.m. President Hawkins asked if the next regular Board meeting would need to begin earlier than 8:30 a.m. to accommodate a Closed Session with legal counsel. Following brief discussion, the time of the Board meeting scheduled December 22, 2011 was changed from 8:30 a.m. to 8:00 a.m. 8 2011-221 ' 15. CLOSED SESSION The meeting was then adjourned to Closed Session at 9:47 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Kidman, Gagen and Mrs. Knight. 15.1. 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) Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court - Case No. 00486884) ' The Board reconvened in Open Session at 10:32 a.m. President Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 9 2011-222 16. ADJOURNMENT ' 16.1. The meeting was adjourned at 10:32 a.m. The next regular meeting of the Board of Directors will be held December 22, 2011 at 8:00 a.m. K neth R. Vecc iarelli Board Secretary 1 10