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HomeMy WebLinkAbout2010-12-09 - Board of Directors Meeting Minutes 2010-171 ' 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 1 2010-172 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) 2 2010-173 ' 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. 3 2010-174 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. 4 2010-175 ' 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 I 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 5 2010-176 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 6 2010-177 ' 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; 7 2010-178 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. 8 2010-179 ' 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 9