HomeMy WebLinkAbout2009-08-27 - Board of Directors Meeting Minutes
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' MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
August 27, 2009
1. CALL TO ORDER
The August 27, 2009 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Summerfield at 8:31 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
John W. Summerfield, President Ken Vecchiarelli, General Manager
Paul R. Armstrong Pat Grady, Asst General Manager
Michael J. Beverage Art Kidman, General Counsel
Ric Collett Steve Conklin, Engineering Manager
Lee Cory, Operations Manager
' Gina Knight, HR Manager
Cindy Navaroli, Interim Finance Director
Anthony Manzano, Sr Project Manager
Annie Alexander, Executive Secretary
DIRECTORS ABSENT
William R. Mills, Vice President
4. ADDITIONS/DELETIONS TO THE AGENDA
President Summerfield announced that Item Nos. 8.5. and 9.1. needed to be
deleted from the agenda.
On a motion by Director Beverage, seconded by Director Collett, the Board voted
4-0 to delete Item Nos. 8.5. and 9.1. from the agenda.
5. PUBLIC COMMENTS
Brett Barbre, MWDOC Director, spoke regarding the status of the state's water
supply and the Governance Study being conducted by the Orange County Local
Agency Formation Commission. Mr. Barbre requested that the Board consider
adopting a resolution of support for the current structure of wholesale water
distribution within MWDOC's service area. This matter will be discussed at the
next Executive-Administrative-Organizational Committee meeting.
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6. SPECIAL RECOGNITION '
6.1. Mr. Vecchiarelli introduced Cindy Navaroli, newly hired Interim Finance
Director.
6.2. Mr. Conklin introduced Anthony Manzano, newly hired Senior Project
Manager.
7. CLOSED SESSION
Mr. Vecchiarelli requested to delete Item No. 7.1. from the agenda as Mr. Kreisler
was not in attendance and there was nothing new to report.
On a motion by Director Beverage, seconded by Director Armstrong, the Board
voted 4-0 to delete Item No. 7.1. from the agenda.
7.1. 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
This item was deleted from the agenda.
8. CONSENT CALENDAR
On a motion by Director Beverage, seconded by Director Collett, the Board voted
4-0 to approve the Consent Calendar. Director Collett abstained from voting on
Check No. 52261 of Item No. 8.2. as he had a business interest with the
company.
8.1. Minutes of the Regular Board of Directors Meeting Held August 13, 2009
Recommendation: That the Board of Directors approve the
minutes as presented.
8.2. Payment of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $1,091,907.02.
8.3. Progress Payment No. 2 for the Zone Reconfiguration Project '
Recommendation: That the Board of Directors approve Progress
Payment No. 2 in the net amount of $215,217.79 to Ken
Thompson, Inc. for construction of the Zone Reconfiguration
Project, Job No. 200710.
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' 8.4. Progress Payment No. 3 for Construction of the Hidden Hills Reservoir
Project
Recommendation: That the Board of Directors approve Progress
Payment No. 3 in the net amount of $53,937.00 to Pacific
Hydrotech Corporation for construction of the Hidden Hills
Reservoir Project, Job No. 20026.
8.5. Proposed Payment Plan for Grandview Sewer Connection
This item was deleted from the agenda and therefore not included in the
Consent Calendar.
9. ACTION CALENDAR
9.1. 2009 Water Rate Report
This item was deleted from the agenda.
9.2. Draft Responses to 2009 Grand Jury Reports
Mr. Grady provided a PowerPoint presentation regarding the Orange
County Grand Jury's findings and recommendations. Mr. Grady reviewed
staffs recommended responses to each of the findings as well as
recommendations made by the Citizens Advisory Committee (CAC).
' Mark Shock, resident, addressed the Board and stated that he had
attended meetings of the CAC and commended the District for its
formation. Mr. Shock also commented on the importance of
communication with residents regarding District projects and issues.
Mr. Barbre addressed the Board and urged the Directors not to implement
term limits as recommended by the Grand Jury because of the education
process required and loss of experience and historical knowledge.
On a motion by Director Beverage, seconded by Director Collett, the
Board voted 4-0 to approve the Grand Jury responses as recommended
by staff and authorize the President to execute the responses on behalf of
the District.
9.3. Letter of Support for AB 1506
Mr. Vecchiarelli explained that the purpose of the letter was to support AB
1506 which would require the state to accept its own IOU's as credit
towards obligations owed to the state.
On a motion by Director Beverage, seconded by Director Armstrong, the
Board voted 4-0 to authorize the President to execute correspondence to
' Assemblyman Joel Anderson in support of AB 1506.
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9.4. Nominations for Association of California Water Agencies (ACWA) '
President and Vice President
Mr. Vecchiarelli explained that the Board had the option of nominating one
of its own Directors for ACWA President or Vice President or supporting
the nomination of another candidate.
Mr. Barbre addressed the Board and stated that MWDOC had invited the
candidates for ACWA Vice President to speak at a recent Board meeting.
Following the candidates remarks, the MWDOC Board of Directors voted
7-0 to support the nomination of Randy Record.
On a motion by Director Armstrong, seconded by Director Beverage, the
Board voted 4-0 to take no action on this item.
10. REPORTS. INFORMATION ITEMS AND COMMENTS
10.1. President's Report
None.
10.2. Directors' Reports
Director Beverage commented on National Geographic's publication titled
Water for Tomorrow. ,
Director Collett commented on a recent trip he had taken to Cambria and
the methods being used to control development in the area.
10.3. General Manager's Report
Mr. Vecchiarelli reported that staff expected the District to end the month
above target for 10% water conservation. Only one water conservation
ordinance violation was issued during the August and is under appeal.
Staff has received approximately 50 written protests regarding the water
rate increase which will be provided to the Board for consideration. Mr.
Vecchiarelli requested that the Board schedule a special meeting to
discuss the 2009 Water Rate Report the first week of September.
Following discussion, this meeting was set for September 2, 2009 at 8:00
a. m.
10.4. General Counsel's Report
Mr. Kidman commented on a bulletin issued by Best Best & Krieger
regarding a court of appeal ruling on monthly minimum charges for water
and sewer service. Copies of the bulletin were provided to the Board and
public in attendance.
10.5. Future Agenda Items and Staff Tasks ,
None. Mr. Vecchiarelli announced that staff would be arranging for a tour
of District facilities for the Board of Directors and members of the Citizens
Advisory Committee.
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COMMITTEE REPORTS
11.1. Executive-Administrative-Organizational Committee
(Summerfield/Mills) Alternate: Collett
Minutes of the meeting held August 17 were provided in the agenda
packet. Directors Summerfield and Mills attended. Items discussed
during the meeting were as follows: proposed payment plan for
Grandview sewer connection; draft responses to 2009 Grand Jury
Reports; request for letter of support for AB 1506; annexation to OCWD;
City of Yorba Linda and City of Placentia sewers; Board Member
attendance at MWDOC and OCWD Board meetings; reports on legislative
and grant activities; report on legislative bills; General Counsel's monthly
summary billing report; and Directors' and General Manager's fees and
expenses.
Meeting scheduled for September 15, 4:00 p.m. has been rescheduled to
September 16,4:00 p.m.
11.2. Finance-Accounting Committee
(Beverage/Summerfield) Alternate: Mills
' Meeting scheduled for September 8, 4:00 p.m. has been rescheduled to
September 9, 4:00 p.m.
11.3. Personnel-Risk Management Committee
(Armstrong/Collett) Alternate: Summerfield
Meeting scheduled for September 14, 4:00 p.m. Director Summerfield will
be attending this meeting in place of Director Collett.
11.4. Planning-Engineering-Operations Committee
(Mills/Armstrong) Alternate: Beverage
Meeting scheduled for September 3, 4:00 p.m.
11.5. Public Information-Technology Committee
(Collett/Beverage) Alternate: Armstrong
Meeting scheduled for September 1, 4:00 p.m.
11.6. MWDOC/OCWD Ad Hoc Committee
(Mills/Collett) Alternate: Summerfield
Meeting scheduled for September 22, 4:00 p.m.
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11.7. City of Placentia Ad Hoc Committee '
(BeverageNecchiarel li )
Meeting scheduled for September 17, 4:00 p.m.
11.8. Citizens Advisory Committee
Minutes of the meeting held August 24 were provided at the meeting.
Items discussed during the meeting were as follows: CAC
recommendation on water rate increase at public hearing; Orange County
Grand Jury Reports; and Water Conservation Ordinance progress report.
Meeting scheduled for September 28, 8:30 a.m.
11.9. Revenues and Rates Ad Hoc Committee
(Collett/Mills)
Meeting to be scheduled.
12. INTERGOVERNMENTAL MEETINGS
12.1. Yorba Linda City Council, August 18 (Armstrong) '
Director Armstrong attended.
Director Beverage commented on a recent newspaper article regarding
the sewers in the City of Yorba Linda being funded in part from the City's
General Fund.
Mr. Vecchiarelli reported that staff would be setting up a meeting with the
Mayor and City Manager of Yorba Linda to discuss City and Water District
related matters.
12.2. MWDOC Board, August 19 (Staff)
Staff did not attend.
12.3. OCWD Board, August 19 (Staff)
Staff did not attend.
12.4. Yorba Linda Planning Commission, August 26 (Summerfield)
Director Summerfield attended and commented on a public hearing held
at the meeting for construction of a new medical office building for the St.
Joseph Health System.
13. BOARD OF DIRECTORS ACTIVITY CALENDAR '
13.1. Meetings from August 28, 2009 thru September 30, 2009
The Board reviewed the listed meetings with no additional changes.
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' 14, CLOSED SESSION
The meeting was adjourned to Closed Session at 9:48 a.m. All Directors in
attendance were present. Also present were Messrs. Vecchiarelli, Grady and
Kidman and Mses. Knight and Park.
14.1. Conference with Legal Counsel - Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California
Government Code
Name of Case:
Marc vs. YLWD (Orange County Superior Court - Case No. 00122904)
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 10:14 a.m. President Summerfield
announced that no action was taken during Closed Session that was required to
be reported under the Brown Act.
15. ADJOURNMENT
15.1. The meeting was adjourned at 10:15 a.m. The next regular meeting of the
Board of Directors will be held September 10, 2009 at 6:30 p.m.
Ke Vecchiarelli
Board Secretary
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