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HomeMy WebLinkAbout2006-05-25 - Board of Directors Meeting Minutes2006-77 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING May 25, 2006 The May 25, 2006 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Paul R. Armstrong at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL Paul R. Armstrong, President Ric Collett, Vice President Michael J. Beverage William R. Mills John W. Summerfield DIRECTORS ABSENT AT ROLL CALL: None STAFF PRESENT Michael A. Payne, General Manager Kenneth Vecchiarelli, Asst. G.M. Arthur G. Kidman, General Counsel Lee Cory, Operation Manager Diane Cyganik, Finance Director Gina Knight, Human Resources Manager Amelia Cloonan, Admin Secretary Linda Bauermeister, Counsel INTRODUCTION OF VISITORS AND PUBLIC COMMENTS None SPECIAL RECOGNITION None CONSENT CALENDAR (Items 1 through 4) On a motion by Director Beverage, seconded by Director Mills, the Board of Directors voted 5-0 to approve the Consent Calendar, with Vice President Collett abstaining from voting on check number 44510, Item 2. 1. Minutes of the Regular Board of Directors meeting held May 8, 2006. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $859,851.46. 3. Well 9 Abandonment. Recommendation: Authorize the General Manager to execute a Maintenance Service Agreement with the General Pump Company in the amount of $17,400 for Well 9 abandonment. -1- 2006-78 4. Construction of Richfield Building Modifications. Recommendation: Approve Final Progress Payment No. 4 in the net amount of $7,152.30; authorize staff to file a Notice of Completion; release the Labor and Material Bond and payment of the 10 percent retention, 35 days after the Notice of Completion has been recorded, if no liens have been filed, and release the Faithful Performance Bond in one year if no defects have been found, to C.G. Construction, Inc. for the construction of Richfield Building Modifications, Job No. 200517. The Board of Directors adjourned to Closed Session at 8:34 a.m. All Directors were present. Also present were General Manager Payne, General Counsel Kidman and Counsel Bauermeister. ADJOURN TO CLOSED SESSION 6. 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)) Dennis L. Walker, Carolyn H. Walker, individually, and Dennis L. Walker and Carolyn H. Walker as Trustees and Conservators of the Walker Family Trust; Pai Pen Sung; Jerald L. Carpenter, Deborah L. Carpenter, individually, and Jerald L. Carpenter and Deborah L. Carpenter as Trustees and Conservators of the Carpenter Family Trust vs. City of Yorba Linda and Yorba Linda Water District. Linda Bauermeister left the meeting at 8:58 a.m. Assistant General Manager Vecchiarelli, Human Resources Manager Knight and Labor Counsel Dave Larsen joined the Closed Session at 8:59 a.m. 5. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6) Yorba Linda Water District Employees Association, employee organization and Gina Knight, Human Resources Manager, and Ken Vecchiarelli, Assistant General Manager, YLWD designated representatives. The Board of Directors came out of Closed Session at 9:58 a.m. RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 10:00 a.m. CLOSED SESSION REPORT There was no Closed Session report. Diane Cyganik, Mike Robinson, YLWD Assistant Administrator, and Amelia Cloonan joined the meeting. Mayor Mike Duvall, City of Yorba Linda, and Brett Barbre, MWDOC Director, also joined the meeting, Item 10 was moved to this point in the agenda to accommodate Mr. Duvall's schedule -2- 2006-79 DISCUSSION ITEMS 10. Mike Duvall, Mayor of the City of Yorba Linda, gave an update on Orange County Sanitation District issues. He spoke about treatment of water that goes through the sewers. He stated 87% of that water is pumped back up to the aquifers in Anaheim. There are tours of groundwater treatment facilities planned for 4:00 p.m. on the second Monday just before their board meetings. The annual rate discussion was held at the Sanitation District meeting last evening. Mr. Duvall recounted the history of rate increases over the years at the Sanitation District. Questions were asked about when the capital improvement plan would come out. An update on the SARI line was given. Mike Payne left the meeting at 10:22 a.m. Mike Duvall and Brett Barbre left the meeting at 10:37 a.m. ACTION CALENDAR 7. Financial Statements for the Ninth Month of Fiscal Year 2005-2006 period ending March 31, 2006. Finance Director Cyganik presented the report and gave an overview. Director Mills requested the wording used be clarified in the Notes - Water Fund item 1 where it states the increase in the water rate, and the increase in water consumption Director Summerfield thought the statement in Item 4 where it states "The main reason for the increase in nonoperating expense over budget is the Interest on Long-term debt." should be covered in the budget. Assistant General Manager Vecchiarelli stated staff will look into this. On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 5-0 to receive and file the financial statements for nine months of fiscal year 2005-2006 ending March 31, 2006. 8. Election Information for November 7, 2006, General Election. On a motion by President Armstrong, seconded by Director Mills, the Board of Directors voted 5-0 to authorize the Secretary to file the Transmittal of Election Information form with the following information: a) Three Directors to be elected at large for the terms currently filled by Paul R. Armstrong, William R. Mills and John W. Summerfield, b) that the candidates' statement of qualifications will be a maximum of 200 words; and c) the district will not pay for the candidates'statement. 9. Consider 2006 Consumer Confidence Report. Assistant Administrator Robinson presented the report. This is the 17th year the report is being published. The Public Information Committee in their last meeting recommended adding an executive summary, which was done. Director Summerfield noted the language on page 8, paragraph 2 under measurements should read testing done for the period January 1 through December 31, 2005....". On a motion by Vice President Collett, seconded by Director Mills, the Board of Directors voted 5-0 to approve publication of the 2006 Consumer Confidence Report as amended. -3- 2006-80 Mike Robinson left the meeting at 10:49 a.m. REPORTS. INFORMATION ITEMS AND COMMENTS 11. a. President's Report President Armstrong reported on attendance at the ACWA Conference. There is a series about California's water narrated by Huell Howser. President Armstrong thought the District should consider purchasing the series for loaning out to various schools. President Armstrong asked about the grading being performed on the Lennar property. Assistant General Manager Vecchiarelli responded rough grading has commenced. Hover has promised to deliver a booster station site by mid June. Toll Brothers is moving ahead with excavation of the Lakeview Reservoir cavity. b. Directors Reports Vice President Collett attended the District's Open House. He observed attendance at the event was low, possibly because of other events being held in the vicinity that weekend. Director Mills handed out a summary report of the ACWA/JPIA meeting. At JPIA, it was agreed the Workers' Compensation premium will be reduced by 10% due to changes in the law and training through JPIA programs. A copy of JPIA's investment policy was in the handout. c. General Managers Report There was no report. d. General Counsel's Report General Counsel Kidman reported on the ACWA Conference. The Santa Ana Regional Water Quality Control Board staff proposed a requirement that non native water used for groundwater recharge would be deemed a waste. This is very controversial in legal circles. The issue is not scheduled for future discussion at this time. There was quite a bit of discussion about the imminent domain ruling. Property rights people object to taking property from one private owner to give to another private owner. Bills in the Legislature may be going too far. In California, the degree to which this situation can occur is limited. e. ACWA/JPIA Executive Committee Meeting, May 8 & 9, 2006. (Mills, Payne) There were no further reports. f. ACWA Spring Conference, May 10-12, 2006. (Armstrong, Mills, Payne) There were no further reports. -4- 2006-81 COMMITTEE REPORTS 12. a. Executive-Administrative-Organizational Committee (Armstrong /Collett) Alternate: Beverage 1) Minutes of meeting held May 23 will appear in the Board agenda on June 8. President Armstrong reported. The Committee discussed the election issue. Ethics training for the Board of Directors and staff positions was also covered. The training must be held every two years and may be done in the form of a workshop. Sean Fitzgerald of Townsend Public Affairs and Barry Brokaw of Sacramento Advocates called in with reports. The General Managers performance evaluation was discussed. 2) Meeting scheduled for June 20, 4:00 p.m. b. Finance-Accounting Committee (Collett/Mills) Alternate: Summen`ield 1) Meeting scheduled for June 12, 4:00 p.m. Finance Director Cyganik reported the auditors will be on the agenda for the committee meeting on the 12th of June. c. Personnel-Risk Management Committee (Beverage/Summerfield) Alternate: Collett 1) Minutes of meeting held May 22 will appear in the Board. agenda on June 8. Director Beverage reported the committee discussed employee performance evaluations and salary/step modifications. 3) Meeting scheduled for June 13, 4:00 p.m. d. Planning-Engineering-Operations Committee (Summerfield/Mills) Alternate: Armstrong 1) Meeting scheduled for June 1, 4:00 p.m. e. Public Information Committee (Mills/Collett) Alternate: Summerfield 1) Meeting scheduled for Tuesday, June 6, 8:00 a.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Alternate: Collett 1) Meeting scheduled for Thursday, June 15, 4:00 p.m. -5- 2006-82 g. MWDOC Ad Hoc Committee (Armstrong/Beverage) Alternate: Mills 1) Meeting scheduled for June 27, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 13. a. Yorba Linda City Council, May 13 Director Collett attended. There was nothing to report. b. Yorba Linda Planning Commission, May 24 No one attended. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after May 25, 2006. Agenda is available in the District office prior to meeting. June Planning-Engineering-Operations Committee, June 1, 4:00 .m. Summerfield/Mills WACO, June 2,7:30 a.m. Mills Public Information Committee, June 6, 8:00 a.m. Mills/Collett Yorba Linda City Council, June 6, 6:30 .m. Collett/ Alt. Summerfield MWDOC/MWD Joint Workshop, June 7, 8:30 a.m. Staff OCWD Board, June 7, 5:00 .m. Staff Finance-Accounting Committee, June 12, 4:00 .m. Collett/Mills Personnel-Risk Management Committee, June 13, 4:00 .m. Bevera a/Summerfield Yorba Linda Planning Commission, June 14, 6:30 .m. Mills/IA/t. Summerfield Building Ad Hoc Committee June 15, 4:00 .m. Bevera a/Summerfield Executive-Admin-Or anizational Committee, June 20, 4:00 .m. Armstrong/Collett Yorba Linda City Council, June 20, 6:30 p.m. Collett/ Alt. Summerfield MWDOC Board, June 21, 8:30 a.m.. Staff OCWD Board, June 21, 5:00 p.m. Staff Yorba Linda Planning Commission, June 28, 6:30 p.m. Mills/ Alt. Summerfield Jul Public Information Committee, Jul 3, 4:00 .m. Mills/Collett Planning-Engineering-Operations Committee, Jul 6, 4:00 .m. Summerfield/Mills WACO, Jul 7, 7:30 a.m. Mills MWDOC/MWD Joint Workshop, Jul 5, 8:30 a.m. Staff OCWD Board, Jul 5, 5:00 .m. Staff Yorba Linda City Council, June 6, 6:30 .m. Collett/ Alt. Summerfield Finance-Accounting Committee, Jul 10, 4:00 p.m. Collett/Mills Personnel-Risk Management Committee, Jul 11, 4:00 .m. Bevera a/Summerfield Yorba Linda Planning Commission, June 12, 6:30 .m. Mills/IAIt. Summerfield Executive-Admin-Or anizational Committee, Jul 18, 4:00 .m. Armstrong/Collett Yorba Linda City Council, Jul 18, 6:30 .m. Collett/ Alt. Summerfield MWDOC Board, Jul 19, 8:30 a.m. Staff OCWD Board, Jul 19,5:00 .m. Staff Yorba Linda Planning Commission, Jul 26, 6:30 .m. Mills/ Alt. Summerfield -6- 2006-83 CONFERENCES AND SEMINARS 14. 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. Vista Del Verde Park Dedication, Wednesday, May 31, 2006, 2:00 p.m. President Armstrong and Vice President Collett will attend. b. Countywide Legislative Breakfast, Friday, June 9, 8:30-10:30 a.m., Tustin Ranch Golf Club. ADJOURNMENT On a motion by Director Beverage, seconded by President Armstrong, the Board of Directors voted 5-0 to adjourn at 11:24 a.m. A regular meeting of the Board of Directors is scheduled for Thursday, June 8, 2006, at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. Michael A. Payne Secretary/General Man -7- 2006-84