HomeMy WebLinkAbout2010-10-14 - Board of Directors Meeting Minutes
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' 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.
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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.
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' 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.
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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.
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' 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.
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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.
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11.6. MWDOC/OCWD Ad Hoc Committee
(Mills/Beverage) Alternate: Collett
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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.
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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)
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' 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
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