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HomeMy WebLinkAbout2008-12-11 - Board of Directors Meeting Minutes2008-193 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING December 11, 2008 The December 11, 2008 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 6:30 p.m. The meeting was held at the District's offices at 1717 E. Miraloma Avenue, Placentia, CA. DIRECTORS PRESENT AT ROLL CALL STAFF PRESENT John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett Michael A. Payne, General Manager Kenneth R. Vecchiarelli, Asst. G.M. Arthur G. Kidman, General Counsel Lee Cory, Operations Manager Pat Grady, IT Director Gina Knight, Human Resources Manager Diane Cyganik, Finance Director Cindy Botts, Assistant Administrator I Annie Alexander, Executive Secretary ADDITIONS/DELETIONS TO THE AGENDA None. Mr. Vecchiarelli stated that a corrected copy of the Agenda Report for Item No. 13 was distributed to the Board. Copies of the corrected report were also made available to the public. Mr. Vecchiarelli also noted an error in the Agenda Report for Item No. 5 regarding the annual review of the Board of Director's Compensation. INTRODUCTION OF VISITORS AND PUBLIC COMMENTS President Summerfield introduced the following visitors: Mark Schwing, Mayor City of Yorba Linda Jan Horton, Council Member City of Yorba Linda Nancy Rikel, Council Member City of Yorba Linda Brett Barbre, Director MWDOC President Summerfield opened the meeting to public comments. Ms. Horton addressed the Board and asked several questions related to the District's water distribution system and the firestorm event. Ms. Horton expressed her desire to consider merging the District with the City of Yorba Linda. Ms. Horton provided staff with a copy of her questions for reference. Larry Goodnough addressed the Board and expressed his appreciation for the evening meeting time. Mr. Goodnough asked when the after action report for the firestorm event would be completed. Mr. Goodnough questioned the number of fire hydrants that required repair following the firestorm event. Mr. Goodnough also requested information regarding the water levels for all District reservoirs throughout the event and asked what citizens could do to help move the Hidden Hills Reservoir project forward. 2008-194 Jim Wohlt addressed the Board and stated that he felt it would be beneficial for the District and its customers to continue to hold evening meetings. Mr. Wohlt asked if notices regarding existing water pressure problems were given to homeowners in the Hidden Hills area prior to the firestorm event. Mr. Wohlt requested that the District improve on informing the public regarding the status of major projects. Mr. Vecchiarelli explained that many of the questions put forward would be answered in the after action report which was expected to be presented at the next Board meeting and posted on the District's website. Mr. Vecchiarelli encouraged those individuals in attendance to contact him with their questions. SEATING OF DIRECTORS 1. Seat Incumbent Directors Michael J. Beverage and Ric Collett Mr. Vecchiarelli stated that Directors Beverage and Collett had been sworn into their new office on December 5, 2008 and congratulated them on their reelection. SPECIAL RECOGNITION 2. None. ACTION CALENDAR 3. Reorganization of the Board of Directors to Select a President, Vice President and Appoint Corporate Officers Director Mills began the nomination by suggesting that the same slate of officers continue to serve in their current positions. The Board discussed the suggestion further and President Summerfield and Vice President Mills both stated that they would be willing to continue to serve in their current positions for the time being. On a motion by Director Armstrong, seconded by Director Collett, the Board voted 5-0 to re-elect the same slate of officers. Following further discussion, it was pointed out that the employees being appointed as Secretary and Assistant Secretary had changed from the previous year and their appointment would need to be approved by a separate motion. On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0 to appoint the following Corporate Officers: Secretary: Kenneth R. Vecchiarelli, Assistant General Manager Assistant Secretary: Pat Grady, Information Technology Director Auditor.• Diane Cyganik, Finance Director 4. Board of Directors Committee Assignments Following discussion, President Summerfield announced that the Board of Directors Committee assignments would remain the same for the time being. 2 2008-195 5. Board of Directors Compensation Mr. Vecchiarelli introduced the item and explained that the Board had the option of increasing their current compensation of $150 to $187.50 for each day's service rendered up to a maximum of ten days per month. The agenda report incorrectly indentified the increase as $157.50 per day. An adjustment in Board compensation would require a public hearing and adoption of a new ordinance. On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 5-0 to keep the Board of Directors compensation at the current rate of $150 per day for each day's service rendered up to a maximum of ten days per month. ADJOURN TO THE ANNUAL PUBLIC FINANCING CORPORATION MEETING On a motion by Director Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to adjourn to a meeting of the Yorba Linda Water District Public Financing Corporation at 6:58 p.m. DIRECTORS PRESENT AT ROLL CALL John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Ric Collett INTRODUCTION OF VISITORS AND PUBLIC COMMENTS None. ANNUAL REORGANIZATION OF THE BOARD OF DIRECTORS 6. Reorganization of the Board of Directors to Select a President, Vice President and Appoint Corporate Officers Mr. Vecchiarelli stated that according to Resolution No. 07-16, the Board of Directors of the District was to serve as the Officers of the Public Financing Corporation. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to nominate and re-elect John W. Summerfield as President and William R. Mills as Vice President and to appoint the following Corporate Officers: Secretary: Kenneth R. Vecchiarelli, Assistant General Manager Assistant Secretary. Pat Grady, Information Technology Director Auditor. Diane Cyganik, Finance Director ADJOURN TO THE BOARD OF DIRECTORS REGULAR MEETING On a motion by Director Beverage, seconded by Director Collett, the Yorba Linda Water District Public Financing Corporation Board of Directors adjourned at 7:01 p.m. to the Yorba Linda Water District Board of Directors Regular meeting. 3 2008-196 CONSENT CALENDAR On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0 to approve the Consent Calendar with Director Beverage abstaining from voting on Item No. 8 as he was not in attendance at the meeting. 7. Minutes of the Regular Board of Directors Meeting Held October 9, 2008 8. Minutes of the Regular Board of Directors Meeting Held October 23, 2008 9. Minutes of the Regular Board of Directors Meeting Held November 26, 2008 10. Payment of Bills, Refunds and Wire Transfers 11. Payment of ACWA Membership Dues 12. Progress Payment No. 19 for the Lakeview Reservoir Construction 13. Progress Payment No. 7 and Change Order No. 1 for the Highland Reservoir Replacement Project 14. Contract with General Pump Co. for Rehabilitation of Well No. 12 15. Amendment No. 1 to Consultants Agreement with Psomas for Zone 4C Reconfiguration Project 16. License Agreement with Orange County Water District for Access to Warner Basin Complex to Collect Water Quality Samples Director Mills stated that the corrected agenda report for Item No. 13 reflected that Change Order No. 1 had been changed from $282,102.89 to $183,648.89. ACTION CALENDAR CONTINUED 17. Resolution No. 08-15 Authorizing Individuals to Transfer Funds via the Federal Wire System and Rescinding Resolution No. 06-02 Mr. Vecchiarelli introduced the item and explained that with the upcoming retirement of Mr. Payne, a new resolution would need to be adopted. Mr. Vecchiarelli also noted that the title of Assistant Secretary as presented in the resolution would need to be corrected to read Secretary. On a motion by Director Beverage, seconded by Director Mills, the Board voted 5-0 on a Roll Call to approve Resolution No. 08-15 Authorizing Individuals to Transfer Funds via the Federal Wire System and Rescinding Resolution No. 06- 02 as corrected. 4 2008-197 DISCUSSION ITEMS 18. Status of District Facilities, Distribution System and Community Outreach Efforts Related to Firestorm Event Mr. Vecchiarelli displayed a map identifying the areas of the District greatly impacted by the firestorm event. Mr. Vecchiarelli provided an overview of the firestorm's movement throughout the District and explained that staff was in the process of gathering information related to the performance of the District's water distribution system during the event. Mr. Vecchiarelli provided further details on the loss of communication with the Hidden Hills booster pump stations and the hydrants requiring repair. Mr. Vecchiarelli then responded to questions from the Board. 19. Recent Change to Ralph M. Brown Act There was no report. 20. Conducting Combined MWDOC and OCWD Ad Hoc Committee Meetings The Board discussed this item and was in favor of conducting combined Ad Hoc Committee meetings with MWDOC and OCWD. Staff will work with both agencies to arrange a meeting. 21. Required Ethics and Sexual Harassment Training (AB 1234 and AB 1825) Mr. Vecchiarelli notified the Board that staff would be contacting them to assist them with scheduling training. REPORTS, INFORMATION ITEMS AND COMMENTS 22. a. President's Report President Summerfield thanked the Directors for their vote of confidence. b. Directors' Reports Director Beverage spoke about a local company who offered native plants for landscaping purposes. The Board briefly discussed future meeting times. Director Armstrong requested staff to review the meeting times of other agencies for future scheduling purposes. C. General Manager's Report There was no report. d. General Counsel's Report Mr. Kidman briefly reported on his attendance at the Fall ACWA Conference and the session he attended dealing with budget based rate structures and monetary incentives for water conservation. COMMITTEE REPORTS 23. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett 5 2008-198 1) Meeting scheduled for December 16, 4:00 p.m. b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Minutes of the meeting held December 10 were presented at the meeting. Directors Beverage and Summerfield attended. Items discussed during the meeting were as follows: Investment Report ending October 31, 2008; Monthly Portfolio Report ending November 30, 2008; Monthly Financial Statements ending September 30, 2008; Wells Fargo Checking Account - Analysis Based vs. ZBA; overview of property taxes; and CalPERS investment return impact on employer rates. 2) Meeting scheduled for January 13, 4:00 p.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield 1) Minutes of the meeting held December 9 were presented at the meeting. Directors Armstrong and Collett attended. The meeting began with a Closed Session regarding liability claims. Items discussed during Open Session were as follows: status of Salary Survey, recruitments, personnel on Administrative Leave and risk management activities. 2) Meeting scheduled for January 12, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Directors Mills and Armstrong attended the meeting held December 4. Items discussed during the meeting were as follows: consider waiving construction meter fees and temporary construction water charges for demolition of homes destroyed in wildfires; contract with General Pump Co. for rehabilitation of Well No. 12; Change Order to Professional Services Agreement with Psomas for additional Design Services for Zone Reconfiguration Project; License Agreement with Orange County Water District for access to Warner Basin Complex to collect water quality samples; Progress Payment No. 7 and Change Order No. 1 for the Highland Reservoir Replacement Project; monthly preventative maintenance program, MWDOC meeting summary, and OC Groundwater Producers meeting summary reports; and status report on capital projects in progress. 2) Meeting scheduled for January 8, 4:00 p.m. 6 2008-199 e. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong 1) Directors Collett and Beverage attended the meeting held December 2. Items discussed during the meeting were as follows: current public relations activities; new financial utility billing software; and electronic imaging and agenda automation software. 2) Meeting scheduled for January 6, 4:00 p.m. f. MWDOC Ad Hoc Committee (Mills/Collett) Alternate: Summerfield 1) Meeting scheduled for January 27, 4:00 p.m. g. City of Placentia Ad Hoc Committee (Beverage/Payne) 1) Meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 24. a. MWDOC/MWD Workshop, December 3 (Staff) This meeting was canceled. b. OCWD Board, December 3 (Staff) This meeting was canceled. C. Yorba Linda Planning Commission, December 10 (Collett) Director Collett did not attend. d. Yorba Linda City Council, December 2 (Mills) Director Mills did not attend. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after December 11, 2008. Agenda is available in the District office prior to meeting. December 2008 Executive-Admin-Or anizational Committee, Dec 16, 4:00 p.m. Summerfield/Mills Yorba Linda City Council, Dec 16, 6:30 .m. Armstrong MWDOC Board, Dec 17, 8:30 a.m. Staff OCWD Board, Dec 17, 5:00 .m. Staff District Board Meeting, Dec 23, 8:30 a.m. MWDOC Ad Hoc Committee Meeting, Dec 23, 4:00 p.m. CANCELED Yorba Linda Planning Commission, Dec 24, 7:00 .m. CANCELED Holiday, Dec 25-26 District Offices Closed 7 2008-200 CONFERENCES AND SEMINARS 25. 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. None. A recess was declared at 7:53 p.m. ADJOURN TO CLOSED SESSION The Board entered into Closed Session at 8:05 p.m. All Directors were present. Also present were Mr. Vecchiarelli, Mr. Kidman and Ms. Knight. 26. Public Employee Appointment Pursuant to Section 54957 of the California Government Code Title: General Manager 27. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the "Freeway Complex" firestorm of November 15 and 16, 2008. CLOSED SESSION REPORT The Board reconvened in Open Session at 10:22 p.m. President Summerfield reported that the Board had formed an Ad Hoc Committee to negotiate the terms and conditions for employment of the General Manager Position. President Summerfield and Vice President Mills will serve as the Committee members. ADJOURNMENT On a motion by Director Beverage, seconded by Director Mills, the Board voted to adjourn at 10:23 p.m. to a regular meeting of the Board of Directors scheduled for December 23, 2008 at 8:30 a.m., at 1717 E. Miraloma Avenue, Placentia 92870. Kenneth R. Vecchiarelli Secretary 8