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HomeMy WebLinkAbout2010-10-14 - Board of Directors Meeting Minutes 2010-143 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING October 14, 2010 1. CALL TO ORDER The October 14, 2010 regular meeting of the Yorba Linda Water District Board of Directors was called to order by 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, President Ken Vecchiarelli, General Manager Michael J. Beverage, Vice President Pat Grady, Assistant General Manager Ric Collett Steve Conklin, Engineering Manager Phil Hawkins Gina Knight, HR Manager John W. Summerlield Stephen Parker, Finance Director Damon Micalizzi, PI Officer Anh Nguyen, GIS Administrator Alfredo Vargas, GIS Technician Annie Alexander, Executive Secretary OTHER VISITORS Art Kidman, General Counsel, McCormick, Kidman & Behrens Laurie Ellen Park, Associate, McCormick, Kidman & Behrens Gary Melton, Member, YLWD Citizens Advisory Committee Bob Kiley, Member, YLWD Citizens Advisory Committee Mark Schock, YLWD Resident 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Mr. Schock addressed the Board and read from a prepared statement. Mr. Shock briefly commented on the City of Bell controversy and expressed concern over the possibility that Directors were receiving additional compensation for attendance of Public Financing Corporation (PFC) meetings which typically last only a few minutes and are held on the same day as regular Board meetings. ' Additionally, Mr. Schock expressed concern regarding the length of time draft minutes from the PFC meetings were being published. 1 2010-144 President Mills responded to Mr. Schock's comments and clarified that Directors ' did not receive additional compensation for attendance at PFC meetings as they are typically held on the same day as regular Board meetings. He further explained that Directors are compensated $150 per day for each day's attendance at Board meetings and other meetings attended at the request of the Board with a maximum of 10 days a month. Mr. Vecchiarelli explained that draft minutes from PFC meetings are required to be approved by the PFC and not the Board of Directors. It is for this reason that they are not presented until the next PFC meeting which typically meets only once a year. President Mills then suggested that the draft PFC meeting minutes could be made available on the District's website following each meeting if they were marked as "Unapproved Draft". Mr. Kidman advised that it would be best to defer taking action on this matter until the next Board meeting so it could be formally agendized. The Board agreed. Mr. Schock thanked the Board for their clarification regarding his concerns. 6. SPECIAL RECOGNITION ' 6.1. Introduce Alfredo Vargas, Newly Hired GIS Technician Mr. Grady introduced Alfredo Vargas, newly hired GIS Technician. 7. CONSENT CALENDAR On a motion by Director Collett, seconded by Director Hawkins, the Board voted 5-0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 55093 of Item No. 7.2. as he has a financial interest with the vendor. 7.1. Minutes of the Regular Board of Directors Meeting Held September 23, 2010 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $3,924,917.39. 2 2010-145 ' 7.3. Engineering Services for the 2010 Waterline Replacement Project Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with RBF, for a fee not to exceed $219,309, to provide engineering design, bidding support services and construction management for the 2010 Waterline Replacement Project. 7.4. Terms and Conditions for Water and Sewer Service with K. Hovnanian Homes for Tract 17105 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with K. Hovnanian Homes for Tract No. 17105, Job No. 201023. 8. ACTION CALENDAR 8.1. Application and Agreement with the California Public Employees' Retirement System Mrs. Knight explained that the Board previously approved Resolution No. 10-01 authorizing staff to move forward with the process of allowing current employees hired prior to April 1986, the opportunity to elect in ' Medicare-only coverage. Only one of the five employees eligible to participate has elected not to be covered. The next step in the process is for the Board to adopt a resolution authorizing execution of an Application and Agreement with CalPERS, who will in turn request that the Federal Government provide these employees with Medicare-only coverage. On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 on a Roll Call to approve Resolution No. 10-20 Approving the Execution of an Application and Agreement (PERS MED-32D) with the California Public Employees' Retirement System. 8.2. Authorized Budgeted Positions for the Remainder of FY 2010/2011 Mrs. Knight explained that the proposed revision to the authorized budgeted positions for FY 2010/2011 was the job title for the Meter Services Representative. At the request of the employee, staff conducted a job duties/classification assessment and title review and is recommending that this job title be changed to Meter Services Lead. The Board members were handed a revised Exhibit A to the proposed Resolution 10-21, as a file error had occurred on the agenda version. Copies were also made available to the public and the record document ' will reflect the changes made, if approved. Director Collett reported that the Personnel-Risk Management Committee had discussed this matter at its meeting held October 12, 2010 and recommended Board approval. 3 2010-146 Director Hawkins clarified that the proposed revision was a change in a 1 job title only and would not authorize any additional budgeted positions for FY 2010/2011. On a motion by Director Collett, seconded by Director Hawkins, the Board voted 5-0 on a Roll Call to approve Resolution No. 10-21 Revising the Authorized and Budgeted Positions for the remainder of Fiscal Year 2010111 and Rescinding Resolution No. 10-17. 8.3. Audit Reports for Fiscal Year 2009/10 Mr. Parker reported that the District's external auditors had completed their audit of the District for FY 2009/10 and have rendered an unqualified (clean) opinion in the Comprehensive Annual Financial Report (CAFR). The auditors also generated two letters, one reporting on their internal control findings and the other reporting on required disclosures. On a motion by Director Summerfield, seconded by Director Collett, the Board voted 5-0 to receive and file the FY 2009110 Comprehensive Annual Financial Report, the Report on Internal Control and the Communication To Those In Governance Letter. Director Collett reported that the Finance-Accounting Committee reviewed the audit report at its meeting held October 11, 2010. At that meeting the ' auditors commented that this was the best audit they had performed for the District in three years and expressed their expectations for the District to receive an award for the CAFR from the Government Financial Officers Association (GFOA). 9. DISCUSSION ITEMS 9.1. Results of Fire Flow Testing in Hidden Hills Area Mr. Conklin provided the Board with a PowerPoint presentation regarding the results of fire flow testing conducted in the Hidden Hills area the previous week. This included an overview of the test procedures and test results before and after construction of the Hidden Hills Reservoir. Mr. Conklin and Mr. Vecchiarelli then responded to questions from the Board regarding the water level of the Hidden Hills Reservoir at the time of the test and current fire flow requirements. Mr. Schock commented that he thought the testing procedures were conducted professionally. 10. REPORTS. INFORMATION ITEMS AND COMMENTS 10.1. President's Report ' None. 4 2010-147 ' 10.2. Directors' Reports Director Hawkins reported that he was invited to speak at his son's school regarding water conservation. The students responded well to his remarks and he encouraged staff to look into providing an education program at some time in the future. 10.3. General Manager's Report Mr. Vecchiarelli announced that the Human Resources department would be hosting a benefits fair on October 27, 2010 from 11:30 a.m. to 1:30 p.m. Flu shots will be provided. Mr. Vecchiarelli then provided a brief report regarding his presentation at the ACWA Legal Conference held September 30, 2010 on litigation resulting from the Freeway Complex Fire. Mr. Vecchiarelli further reported that the District had received a $74K rebate check from Southern California Edison for the purchase and installation of solar panels. Staff has observed an approximate 1/3 reduction in electricity bills for the Administration building compared to the same time last year. 10.4. General Counsel's Report Mr. Kidman commented on new requirements for the preparation of Urban Water Management Plan's. The Department of Water Resources has ' issued a guidance document to assist agencies during the preparation process. Mr. Kidman then commented on the new mandate of 20% water conservation by 2020 and how benchmarks will be calculated using demographic data not normally available to water agencies. Mr. Vecchiarelli then responded to questions from the Board regarding the accessibility of required demographic data and the District's practice of using an average of 3.2 persons per service connection for the purposes of calculating water demands. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Mills/Beverage) Altemate: Collett Meeting scheduled October 19, 2010 at 4:00 p.m. 1 5 2010-148 11.2. Finance-Accounting Committee , (Summerfield/Collett) Alternate: Mills Minutes of the meeting held October 11, 2010 were provided at the meeting. Directors Summerfield and Collett attended. Matters discussed during the meeting were as follows: Submission of Audit Reports; August 2010 Budget to Actual Results; and August 2010 Monthly Investment Report. Meeting scheduled November 8, 2010 at 4:00 p.m. 11.3. Personnel-Risk Management Committee (Collett/Hawkins) Alternate: Surnmerfield Minutes of the meeting held October 12, 2010 were provided at the meeting. Directors Collett and Hawkins attended. Matters discussed during the meeting were as follows: Proposed Authorized Positions Revision for FY 2010/2011; Status of Recruitments and Authorized/Budgeted Positions; and Status of Human Resources and Risk Management Activities. Meeting scheduled November 9, 2010 at 4:00 p.m. ' 11.4. Planning-Engineering-Operations Committee (Mills/Summerfield) A/temate: Beverage Minutes of the meeting held October 6, 2010 were provided in the agenda packet. Directors Mills and Summerfield attended. Matters discussed during the meeting were as follows: Monthly Groundwater Production and Purchased Import Water Report; Monthly Preventative Maintenance Program Report; Engineering Services for the 2010 Waterline Replacement Project; Groundwater Producers Meeting Report; and Status Report on Capital Projects in Progress. Meeting scheduled November 4, 2010 at 4:00 p.m. 11.5. Public Information-Technology Committee (Beverage/Hawkins) Altemate: Summerfield Meeting scheduled October 20, 2010 at 4:00 p.m. 6 2010-149 11.6. MWDOC/OCWD Ad Hoc Committee (Mills/Beverage) Alternate: Collett 1 Minutes of the meeting held September 28, 2010 were provided in the agenda packet. Directors Mills and Beverage attended. Matters discussed during the meeting were as follows: MWDOC Settlement Agreement; Results of MWDOC Strategic Review; Upgrade of MWD's OC-51 Connection; MWD Issues; and Status of OCWD Annexation Process. Meeting scheduled November 16, 2010 at 4:00 p.m. 11.7. Citizens Advisory Committee Minutes of meeting held September 27, 2010 were provided in the agenda packet. Matters discussed during the meeting were as follows: YLWD Water Rate Study and Pass-Through Rate Increase; YLWD Water Rate Reduction Petition; Status of Sewer System Transfer Agreement; and District Wide Water Usage and Conservation Update. Meeting scheduled October 25, 2010 at 8:30 a.m. ' 12. INTERGOVERNMENTAL MEETINGS 12.1. YL Planning Commission - September 29, 2010 (Collett) Director Collett did not attend. 12.2. ISDOC - September 30, 2010 (Beverage) Director Beverage attended and reported that while he and others tried to vote for candidates individually by position during the Executive Committee Election, the slate of candidates recommended by the nominating committee were voted in. 12.3. WACO - October 1, 2010 (Hawkins) Director Hawkins attended and commented on two presentations regarding ocean desalination and Santa Ana River flow rates which were provided at the meeting. 12.4. YL City Council - October 5, 2010 (Mills) Director Mills did not attend. 12.5. MWDOC/MWD Workshop - October 6, 2010 (Staff) Staff did not attend. 12.6. OCWD Board - October 6, 2010 (Staff) Staff did not attend. 7 2010-150 12.7. YL Planning Commission - October 13, 2010 (Collett) , This meeting was cancelled. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from October 15, 2010 -November 30, 2010 The Board reviewed the listed meetings and made no additional changes. 14. CONFERENCES AND SEMINARS 14.1. MWDOC Water Policy Forum & Dinner- November 4, 2010 MWDOC 20 x 2020 Summit- November 10, 2010 On a motion by Director Hawkins, seconded by Director SummerFeld, the Board voted 5-0 to authorize Directors and such staff members of the District as approved by the General Manager to attend the above listed events. A brief recess was declared at 9:28 a.m. The meeting reconvened at 9:36 a.m. ' 15. CLOSED SESSION The meeting was adjourned to Closed Session at 9:36 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Ms. Park. 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, at al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, at al vs. YLWD, at 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, at al (OC Superior Court - Case ' No. 00320239) 8 2010-151 ' Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) Name of Case: Manista vs. YLWD, at al (OC Superior Court - Case No. 00332968) Name of Case: Rodriguez vs. YLWD, et al (OC Superior Court - Case No.00333938) 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 The Board reconvened in Open Session at 9:58 a.m. President Mills announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 16. ADJOURNMENT 16.1. The meeting was adjourned at 9:58 a.m. The next regular meeting of the ' Board of Directors will be held October 28, 2010 at 8:30 a.m. Ken Vecchiarelli Board Secretary 1 9