HomeMy WebLinkAbout2010-12-09 - Board of Directors Meeting Minutes
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' MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
December 9, 2010
1. CALL TO ORDER
The December 9, 2010 regular meeting of the Yorba Linda Water District Board
of Directors was called to order by Vice President Beverage at 8:32 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
Michael J. Beverage, Vice President Ken Vecchiarelli, General Manager
Ric Collett Pat Grady, Assistant General Manager
Phil Hawkins Steve Conklin, Engineering Manager
Robert R. Kiley Lee Cory, Operations Manager
' Gary T. Melton Gina Knight, Human Resources Mgr
Stephen Parker, Finance Director
Damon Micalizzi, PI Officer
Annie Alexander, Executive Secretary
OTHER VISITORS
Art Kidman, General Counsel, McCormick, Kidman & Behrens
Laurie Ellen Park, Associate, McCormick, Kidman & Behrens
Linda Bauermeister, Attorney, Barber & Bauermeister
Nancy Rikel, Mayor, City of Yorba Linda
Lynn Melton, Resident
Mark Schock, Resident
4. ADDITIONS/DELETIONS TO THE AGENDA
Mr. Vecchiarelli reported that Item No. 7.4. was removed from the agenda
subsequent to posting and would be further discussed at the next Planning-
Engineering-Operations Committee meeting before being brought back for
consideration by the Board.
5. PUBLIC COMMENTS
Mr. Schock addressed the Board and congratulated the newly elected members.
Mr. Schock then stated that following the Freeway Complex Fire, District
' residents had requested that the Board consider the following: (1) changing the
time the Board meetings are being held from morning to evening; (2) recording
the Board meetings using audio and/or video and making the recordings
available on the District's website; and (3) providing more comprehensive Board
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meeting minutes. Mr. Schock then suggested that the preventative maintenance '
report being provided to the Planning-Engineering-Operations be revised to
contain more specific information regarding hydrant testing. Mr. Schock further
suggested that this matter be discussed by the Citizens Advisory Committee. Mr.
Schock then commented on a movie titled Inside Job regarding bond ratings and
questioned as to why similar Districts had received an AAA rating and the District
had received a B+ rating. Mr. Schock also suggested that the Board consider
increasing its reserves to help improve this rating.
Director Beverage then responded to Mr. Schock's comments and asked that
consideration of the Board meeting times and minutes be discussed at the next
Executive-Administrative-Organizational Committee meeting. Director Beverage
also requested that consideration of revising the preventative maintenance report
be discussed at the next Planning-Engineering-Operations Committee meeting.
Director Beverage then commented that District would need to raise its rates in
order to significantly increase its reserves.
Mr. Vecchiarelli also responded to Mr. Schock's comments and stated that the
District had actually received an AAA rating from Standard & Poors and an AA-
rating from Fitch on the 2003 and 2008 bond series. The AA- rating from Fitch
has since been reclassified to AA.
Mr. Schock again addressed the Board and summarized his reasons for making '
a public records request for salary information for various employment positions
within the District. Mr. Schock stated that after conducting some research, he did
not believe that the District would incur any substantial cost increase due to staff
overtime if the Board held its meetings in the evening.
6. CLOSED SESSION
The meeting was adjourned to Closed Session at 8:44 a.m. All Directors were
present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Mses.
Knight, Bauermeister and Park.
6.1. 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, et al vs. YLWD, et 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)
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' Name of Case: Lindholm vs. YLWD, et al (OC Superior Court - Case
No. 00320239)
Name of Case: Travelers Commercial Insurance Company vs. YLWD
(OC Superior Court - Case No. 00327152)
Name of Case: Manista vs. YLWD, et 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 9:49 a.m. Vice President Beverage
announced that no action was taken during Closed Session that was required to
be reported under the Brown Act.
' 7. CONSENT CALENDAR
Director Beverage reminded the Board that Item No. 7.4. had been removed from
the agenda and would not be considered as part of the Consent Calendar.
Director Melton requested to remove Item No. 7.3. from the Consent Calendar for
separate action.
On a motion by Director Hawkins, seconded by Director Collett, the Board voted
5-0 to approve Item Nos. 7.1. and 7.2.
7.1. Minutes of the Regular Board of Directors Meeting Held November 24,
2010
Recommendation: That the Board of Directors approve the
minutes as presented.
7.2. Minutes of the Special Board of Directors Meeting Held December 3, 2010
Recommendation: That the Board of Directors approve the
minutes as presented.
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE t
ACTION
Staff responded to questions from Director Melton regarding payments being
made to various vendors.
On a motion by Director Collett, seconded by Director Hawkins, the Board voted
5-0 to approve Item No. 7.3. Payments of Bills, Refunds, and Wire Transfers.
7.3. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $551,310.54.
ITEMS REMOVED FROM THE AGENDA
No action was taken on Item No. 7.4.
7.4. Terms and Conditions for Water Service with BMI Holdings, LP
Recommendation: (This item was removed from the agenda '
subsequent to posting and will be further discussed with the
Planning-Engineering-Operations Committee prior to Board
consideration.)
8. ACTION CALENDAR
AD 8.1. Reorganization of the Board of Directors for Calendar Year 2011
Director Beverage began the reorganization by nominating himself and
Director Hawkins as the President and Vice President respectively.
On a motion by Director Melton, seconded by Director Collett, the Board
voted 5-0 to elect Director Beverage as President and Director Hawkins as
Vice President.
Director Beverage then recommended that Annie Alexander, Amelia
Cloonan and Stephen Parker be appointed as the Secretary, Assistant
Secretary and Auditor respectively.
The Board discussed the ramifications of changing the individuals being
appointed as the Secretary and Assistant Secretary as these positions
have historically been filled by the current General Manager and Assistant ,
General Manager.
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' Director Hawkins made a motion, seconded by Director Collett, to appoint
Annie Alexander as Secretary, Amelia Cloonan as Assistant Secretary,
and Stephen Parker as Auditor. Motion failed 1-4.
Brief discussion then followed.
Director Collett made a motion, seconded by Director Kiley, to appoint Ken
Vecchiarelli as Secretary, Pat Grady as Assistant Secretary, and Stephen
Parker as Auditor. Motion passed 5-0.
8.2. Board of Directors Committee Assignments
President Beverage suggested the following committee and
intergovernmental meeting assignments:
Executive-Administrative-Organizational Committee
Director Beverage, Chair
Director Hawkins
Finance-Accounting Committee
Director Collett, Chair
Director Kiley
' Personnel-Risk Management Committee
Director Kiley, Chair
Director Beverage
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Planning-Engineering-Operations Committee
Director Melton, Chair
Director Collett
Public-Information-Technology Committee
Director Hawkins, Chair
Director Melton
MWDOC/OCWD Ad Hoc Committee
Director Beverage
Director Hawkins
Citizens Advisory Committee
Director Beverage
Yorba Linda City Council
Director Hawkins / Director Melton
' Yorba Linda Planning Commission
Director Kiley / Director Collett
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ACWA/JPIA ISDOC '
Director Hawkins Director Collett
LAFCO MWDOC
Director Beverage Director Melton
OCWD WACO
Director Kiley Director Hawkins
On a motion by Director Hawkins, seconded by Director Collett, the Board
voted 5-0 to approve the committee assignments as listed above for the
upcoming calendar year.
9. REPORTS, INFORMATION ITEMS AND COMMENTS
9.1. President's Report
President Beverage offered his congratulations to the newly elected Board
members.
9.2. Directors' Reports
Director Collett also offered his congratulations to the newly elected Board
members.
Director Hawkins reported on his attendance at the ACWA Fall '
Conference held in Indian Wells December 1-3, 2010. He commented on
a session regarding performance evaluations for General Manager's and a
demo of the District's GPS tracking system which was on display at the
vendorexpo.
Director Melton stated that he was honored to be elected to office and that
he was excited to participate in his new duties.
Director Kiley stated that he was also excited about being elected and that
he was grateful to be a part of the Citizens Advisory Committee before
serving in his current position.
9.3. General Manager's Report
Mr. Vecchiarelli reported that he had attended one day of the ACWA Fall
Conference and while there was able to thank the ACWA Legislative
Committee for their support of the District's request for Amicus Curiae
letter assistance.
Mr. Vecchiarelli further reported that he had attended the OCWD Water
Issues Committee meeting the previous day at which the committee '
reviewed the second round of RFP's for the CEQA study related to the
District's request for annexation. This matter will be presented to the
OCWD Board of Directors for consideration at their meeting scheduled
December 15, 2010 at 5:30 p.m. Mr. Vecchiarelli then suggested that it
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' might be a good idea to have a Board member in attendance at this
meeting. Following brief discussion, it was determined that there were no
Board members readily available to attend and that Director Hawkins
would attend if he could.
Mr. Vecchiarelli then stated that a Check No. 55459 on the disbursement
list would be voided as the employee recognition luncheon had been
postponed. The Personnel-Risk Management Committee will be
discussing other alternatives at their next meeting.
9.4. General Counsel's Report
Mr. Kidman offered his congratulations to the newly elected Board
members and stated that it has been a privilege to work with the District
for most of his career.
9.5. Future Agenda Items and Staff Tasks
None.
10. COMMITTEE REPORTS
10.1. Executive-Administrative-Organizational Committee
(Beverage/Hawkins)
Meeting scheduled December 21, 2010 at 4:00 p.m.
10.2. Finance-Accounting Committee
(Collett/Kiley)
Meeting scheduled December 13, 2010 at 4:00 p.m. was rescheduled to
11:30 a.m. the same day. `This meeting has since been rescheduled to
December 20, 2010 at 4:00 p.m.
10.3. Personnel-Risk Management Committee
(Kiley/Beverage)
Meeting scheduled December 14, 2010 at 4:00 p.m.
10.4. Planning-Engineering-Operations Committee
(Melton/Collett)
Minutes of the meeting held December 1, 2010 were provided in the
agenda packet. Directors Mills and Summerfield attended. Matters
discussed during the meeting were as follows: Engineering Services for
' the Yorba Linda Blvd Booster Station and Pipeline Project; Award of
Construction Contract for Emergency Pumpout Facilities and Anaheim
Interconnection Project; Vista Del Verde Valve Replacement Project -
Phases II & III; Monthly Groundwater Production and Purchased Import
Water Report; Monthly Preventative Maintenance Program Report;
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Monthly Groundwater Producers Meeting Report; and Status Report on '
Capital Projects in Progress.
Meeting scheduled January 6, 2011 at 4:00 p.m.
10.5. Public Information-Technology Committee
(Hawkins/Melton)
Minutes of the meeting held December 7, 2010 were provided at the
meeting. Directors Beverage and Hawkins attended. Matters discussed
during the meeting were as follows: Winter Newsletter Content; YLWD
Slogan Review; Promotional Collateral Inventory and Replacement; and IT
Projects Monthly Status.
Meeting scheduled January 4, 2011 at 4:00 p.m. "This meeting has since
been permanently rescheduled to the first Monday of each month. The
next meeting is scheduled January 3, 2011 at 4:00 p.m.
10.6. MWDOC/OCWD Ad Hoc Committee
(Beverage/Hawkins)
Meeting scheduled January 25, 2011 at 4:00 p.m.
10.7. Citizens Advisory Committee '
(Beverage)
Meeting scheduled December 13, 2010 at 8:30 a.m.
11. INTERGOVERNMENTAL MEETINGS
11.1. YL City Council -December 7, 2010 (Collett)
Director Collett attended and reported that the City Council had conducted
their annual reorganization and Nancy Rikel had been appointed as
Mayor. Director Collett also commented on City participation in the
League of California Cities which was discussed at the meeting.
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from December 10, 2010 -January 31, 2011
The Board reviewed the listed meetings and made no additional changes.
A brief recess was declared at 10:40 a.m.
The meeting reconvened at 10:48 a.m.
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' 13. CLOSED SESSION
The meeting was adjourned to Closed Session at 10:48 a.m. All Directors were
present.
13.1. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board reconvened in Open Session at 11:10 a.m. President Beverage
announced that no action was taken during Closed Session that was required to
be reported under the Brown Act.
14. ADJOURNMENT
14.1. The meeting was adjourned at 11:11 a.m. The next regular meeting of the
Board of Directors will be held December 22, 2010 at 8:30 a.m.
Ken Vecchiarelli
' Board Secretary
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