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HomeMy WebLinkAbout2009-07-23 - Board of Directors Meeting Minutes 2009-102 MINUTES OF THE ' YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 23, 2009 1. CALL TO ORDER The July 23, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by Vice President Mills at 8:30 a.m. The meeting was held at the District's Administrative Office at 1717 E Miraloma Ave, Placentia CA 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT William R. Mills, Vice President Ken Vecchiarelli, General Manager Paul R. Armstrong Pat Grady, Asst General Manager Michael J. Beverage Art Kidman, General Counsel Ric Collett Lee Cory, Operations Manager Diane Cyganik, Finance Director Gina Knight, Human Resources Mgr ' Leon De los Reyes, Water Quality Engineer Hank Samaripa, Project Engineer Joe Polimino, Project Engineer Stacy Bavol, Customer Service Supervisor Cindy Botts, Management Analyst Ruben Gonzales, Facilities Maintenance Annie Alexander, Executive Secretary DIRECTORS ABSENT John W. Summerfield, President 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli requested to modify Item No. 15.1. to include himself as an Agency Designated Representative. At the time the agenda was posted he was not planning to attend to the meeting. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4-0 to modify the agenda as requested. 1 2009-103 Mr. Vecchiarelli requested to add the following item to the agenda as there was a ' need to take immediate action on this item and the need for action came to staffs attention subsequent to the agenda being posted. 8.3. Reschedule the Public Hearing to Consider the 2009 Water Rate Report Recommendation: That the Board of Directors reschedule the Public Hearing to Consider the 2009 Water Rate Report to September 10, 2009 at 6:30 p.m., and provide notification to District customers according to Proposition 218 requirements. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4-0 to add Item 8.3. to the agenda. Mr. Vecchiarelli requested to add the following item to the agenda as there was a need to take immediate action on this item and the need for action came to staffs attention subsequent to the agenda being posted. 15.2. 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 (Orange County Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (Orange County Superior Court - Case No. 00125994) On a motion by Director Collett, seconded by Director Armstrong, the Board voted 4-0 to add Item 15.2. to the agenda. Mr. Vecchiarelli then requested that the Board take the Closed Session items immediately following the Consent Calendar. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION 6.1. Presentation of Proclamation to Leon De los Reyes for 20 Years of Service to the District The Board of Directors presented a proclamation to Mr. De los Reyes for 20 years of service to the District. ' 6.2. Recognize Hank Samaripa, Project Engineer, for Completion of the ACWA/JPIA Professional Development Program The Board of Directors recognized Mr. Samaripa for completion of the ACWA/JPIA Professional Development Program. 2 2009-104 ' Messrs. De los Reyes, Samaripa and Gonzales left the meeting at this time. 7. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 4-0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 51973 of Item No. 7.2. as he had a business interest with the vendor. 7.1. Minutes of the Regular Board of Directors Meeting Held July 9, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payment of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,850,577.69. 7.3. Progress Payment Number 1 for the Zone Reconfiguration Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $196,852.05 to Ken Thompson, Inc. for construction of the Zone Reconfiguration Project, Job No. 200710. ' 7.4. Progress Payment No. 2 for Construction of the Hidden Hills Reservoir Project Recommendation: That the Board of Directors approve Progress Payment No. 2 in the net amount of $278,100.00 to Pacific Hydrotech Corporation for construction of the Hidden Hills Reservoir Project, Job No. 200028. Mr. Polimino and Ms. Bavol left the meeting at this time. 15. CLOSED SESSION The meeting was adjourned to Closed Session at 8:44 a.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kreisler and Ms. Knight. 15.1 Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight ' Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association 3 2009-105 The Board reconvened in Open Session at 9:22 a.m. Vice President Mills ' announced that no action was taken during Closed Session that was required to be reported under the Brown Act. Vice President Mills also announced that Item 15.2. was not discussed during Closed Session and would be taken at the end of the meeting. Mr. Kreisler left the meeting at this time. 8. ACTION CALENDAR Ms. Bavol rejoined the meeting at this time. 8.1. Amended Conflict of Interest Code Mr. Vecchiarelli explained that District last amended its code on September 11, 2008. Staff then forwarded a copy of the amended code to the Clerk of the Orange County Board of Supervisors (OCBOS) for review and approval by the OCBOS. Following review, the Clerk of the OCBOS has requested that the District modify its code amendment to conform to a standardized format. On a motion by Director Beverage, seconded by Director Collett, the Board voted 4-0 to approve Resolution 09-09 Adopting a Conflict of Interest Code which Supersedes all Prior Conflict of Interest Codes and ' Amendments Previously Adopted, and direct the Secretary to file the District's amended code with the Clerk of the Orange County Board of Supervisors. 8.2. Sewer Maintenance Charges for Locke Ranch and Areas Outside of the District for Fiscal Year 2009/10 Ms. Cyganik explained that the Board considers the sewer maintenance charges on an annual basis. These charges finance the maintenance and operations of the public sewer system maintained by the District and are collected monthly on each customer's water bill or annually on the Orange County Auditor-Controller's property tax roll. The method of collection depends on whether or not the customer resides inside or outside the District's boundaries. The Orange County Auditor-Controller's office requires this resolution to be adopted by the Board prior to charges being added as a special assessment to the property tax roll. Mr. Vecchiarelli clarified that adoption of this resolution would not represent an increase in the current sewer maintenance charges. Mr. Vecchiarelli then responded to questions from the Board regarding the methods of collection and notification requirements should the Board consider increasing the charges in the future. 4 2009-106 On a motion by Director Beverage, seconded by Director Collett, the ' Board voted 4-0 to approve Resolution 09-10 Adopting the Sewer Maintenance Charge for Locke Ranch and Other Areas Outside the District Boundaries and Electing to have such Sewer Maintenance Charge Collected on the Fiscal Year 2009110 Tax Roll and Rescinding Resolution 08-09. 8.3. Reschedule the Public Hearing to Consider the 2009 Water Rate Report Mr. Vecchiarelli reported staff had discovered that due in part to a computer glitch, not all of the District's customers received the Notice of Public Hearing scheduled August 27, 2009 at 6:30 p.m. As such, staff is requesting that the Board reschedule the public hearing to September 10, 2009 at 6:30 p.m. to allow enough time for a second Notice of Public Hearing to be mailed according to Proposition 218 requirements. On a motion by Director Collett, seconded by Director Armstrong, the Board voted 4-0 to reschedule the Public Hearing to Consider the 2009 Water Rate Report to September 10, 2009 at 6:30 p.m., and provide notification to District customers according to Proposition 218 requirements. Ms. Bavol left the meeting at this time. ' 9. DISCUSSION ITEMS 9.1. Web Site and Online Utility Billing Payments Update Mr. Grady provided a brief presentation regarding recent and future additions to the District's website including a new online utility billing payment system. Mr. Grady then responded to questions from the Board regarding the new online bill payment system, which is scheduled to be up and running some time in September. 10. REPORTS. INFORMATION ITEMS AND COMMENTS 10.1. President's Report No report was given. 10.2. Directors' Reports Director Armstrong commented on a conversation he had with a resident regarding water conservation ordinance violations being issued by District staff to residents in the Hidden Hills area. Ms. Botts addressed the Board and stated that she had spoken with the resident and addressed his concerns. Mr. Vecchiarelli stated that staff had been instructed to note and issue violations as they go about their daily duties. Staff does not patrol specifically for violations. 5 2009-107 10.3. General Manager's Report ' Mr. Vecchiarelli reported that the District would be providing water and water bottles for participants in the Relay for Life on August 7t and 81". Mr. Vecchiarelli also noted that all of the water conservation ordinance violations issued in July were courtesy notices only. No fines were imposed or collected. Most of the violations issued were for watering between the hours of 9 a.m. and 6 p.m. or for extensive runoff. The District's water usage for the month is down by approximately 11%. Permanent signage regarding the District's water conservation goals and current status will be installed within the next few weeks. The location for each sign is still to be decided. Mr. Kidman commented on the status of the state budget and related borrowing of property tax revenue. Should the Legislature vote to suspend Proposition 1A, approximately $80,000 of the District's property tax revenue could be diverted to the state. These funds would have to be repaid to the District with interest within three years. 10.4. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS ' 11.1. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett Meeting scheduled for July 21, 4:00 p.m. was cancelled. Meeting scheduled for August 18, 4:00 p.m. 11.2. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills Minutes of the meeting held July 14 were provided in the agenda packet. Directors Beverage and Mills attended. Items discussed during the meeting were as follows: monthly financial statement and investment report for May 2009; Locke Ranch sewer assessment; and the state Individual Registered Warrants (IOU's). Meeting scheduled for August 11, 4:00 p.m. 11.3. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield ' Minutes of the meeting held July 13 were provided in the agenda packet. Directors Armstrong and Collett attended. Items discussed during the meeting were the status of recruitments and risk management activities. Meeting scheduled for August 10, 4:00 p.m. 6 2009-108 11.4. Planning-Engineering-Operations Committee ' (Mills/Armstrong) Alternate: Beverage Meeting scheduled for August 6, 4:00 p.m. 11.5. Public Information-Technology Committee (Collett/Beverage) Alfemate: Armstrong Meeting scheduled for August 4, 4:00 p.m. 11.6. City of Placentia Ad Hoc Committee (BeverageNecch iarel li ) Meeting scheduled for September 17, 4:00 p.m. 11.7. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield Meeting scheduled for July 28, 4:00 p.m. was cancelled. Meeting scheduled for September 22, 4:00 p.m. 11.8. Revenues and Rates Ad Hoc Committee ' (Collett/Mills) Minutes of the meeting held July 20 were provided at the meeting. Directors Collett and Mills attended. Items discussed during the meeting were the Notice of Public Hearing to consider 2009 Water Rate Report and the Draft 2009 Water Rate Report. 11.9. Citizens Advisory Committee Meeting scheduled for July 27, 8:30 a.m. was rescheduled to August 3, 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. MWDOC Board, July 15 (Staff) Staff did not attend. 12.2. OCWD Board, July 15 (Staff) Staff did not attend. Mr. Vecchiarelli stated that there would be an item on the next Executive- Administrative-Organizational Committee meeting agenda to discuss the possibility of Board members attending the MWDOC and OCWD Board meetings once a month with staff. 7 2009-109 12.3. Yorba Linda Planning Commission, July 15 (Collett) ' Director Collett did not attend. 12.4. Yorba Linda City Council, July 21 (Armstrong) Director Armstrong attended and stated that the public hearing for adjusting the sewer rates was continued to a future date. Approximately 144 parcels were unaccounted for and did not receive the notice of public hearing. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from July 24, 2009 thru August 31, 2009 The Board reviewed the listed meetings with no changes. 14. CONFERENCES AND SEMINARS 14.1. Independent Special Districts of Orange County Quarterly Meeting - July 30, 2009 There was no interest in attending this event. 2009 Public Official Conference - September 24-26, 2009 On a motion by Director Beverage, seconded by Director Collett, the Board voted 4-0 to authorize Directors and such staff members of the ' District as approved by the General Manager to attend the conference. 15. CLOSED SESSION The meeting was again adjourned to Closed Session at 10:23 a.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses. Knight and Park. 15.2. 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 (Orange County Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (Orange County Superior Court -Case No. 00125994) The Board reconvened in Open Session at 10:56 a.m. Vice President Mills announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 8 2009-110 16. ADJOURNMENT 16.1. The meeting was adjourned at 10:57 a.m. The next regular meeting of the Board of Directors will be held August 13, 2009 at 8:30 a.m. Ken Vecchiarelli Board Secretary 9