HomeMy WebLinkAbout2007-06-28 - Board of Directors Meeting Minutes2007-103
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
June 28, 2007
The June 28, 2007 regular meeting of the Yorba Linda Water District Board of Directors
was called to order by President Ric Collett at 8:30 a.m. The meeting was held at
District Headquarters, 4622 Plumosa Drive, Yorba Linda.
DIRECTORS PRESENT AT ROLL CALL
Ric Collett, President
John W. Summerfield, Vice President
Paul R. Armstrong
Michael J. Beverage
William R. Mills
STAFF PRESENT
Michael A. Payne, General Manager
Arthur G. Kidman, General Counsel
Scott Moulton, Sr. Project Engineer
Diane Cyganik, Finance Director
Amelia Cloonan, Exec. Secty
Leon de Los Reyes, Wtr Quality Engineer
Art Vega, Acting IT Manager
Gina Knight, HR Manager
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
None
SPECIAL RECOGNITION
None
CONSENT CALENDAR (Items 1 through 4)
Item 4 was removed from the Consent Calendar for a question.
On a motion by Director Beverage, seconded by Director Armstrong, the Board of
Directors voted 5-0 to approve Consent Calendar Items 1, 2 and 3, with President
Collett abstaining from voting on Check No. 46880 Item No. 2.
Minutes of the Regular Board of Directors meeting held June 14, 2007.
Recommendation: Approve the minutes as presented.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$595,279.36.
3. Consider Cast Iron Replacement and Sewer Improvement Projects.
Recommendation: Approve Progress Payment No. 10 in the net amount of
$65,677.88 to Vido Artukovich and Son Inc./Vidmar Inc., a Joint Venture for
construction of the combined Cast Iron Replacement and Sewer Improvement
Projects, Job Nos. 200407, 200515, 200516, 200603 and 200604.
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Vice President Summerfield questioned a footnote regarding uranium. It was suggested
the footnote be renumbered and appear on page 13 instead of page 16. General
Manager Payne stated the change would be made.
4. Public Health Goals
Recommendation: Approve the final draft of the 2007 Public Health Goals
Report and notice the public of its availability for review and comment at a
public hearing scheduled on August 23, 2007.
On a motion by Director Beverage, seconded by Vice President Summerfield, the Board
of Directors voted 5-0 to approve Consent Calendar Item 4 with the suggested change.
Leon de los Reyes left the meeting.
The Board of Directors adjourned to Closed Session at 8:26 a.m. All Directors were
present. Also present were General Manager Payne, HR Manager Knight and General
Counsel Kidman.
General Counsel Kidman and General Manager Payne left the meeting after discussion
of Item 5.
ADJOURN TO CLOSED SESSION
5. Conference with Legal Counsel regarding existing litigation to which the District is
a party. (Justification for Closed Session is Government Code Section 54956.9(a))
Barbara J. Taylor, William D. Taylor, Dolores R. Miller and Corinne W. Taylor vs.
City of Yorba Linda and Yorba Linda Water District, Case No. 060003802.
6. Public Employee Performance Evaluation [Government Code Section 54957] Title:
General Manager
RECONVENE IN OPEN SESSION
The Board of Directors reconvened in open session at 9:34 a.m.
Scott Moulton, Art Vega, Gina Knight, Diane Cyganic and Amelia Cloonan rejoined the
meeting.
CLOSED SESSION REPORT
There was no reportable action taken.
ACTION CALENDAR
7. Final Budget 2007/08 & 2008/09. General Manager Payne stated a packet of
information had been delivered to the Board members last evening. The material
contained some revisions to the numbers presented in the budget. General
Manager Payne gave an overview of the material. There was a question about
where the short fall would come from. General Manager Payne responded the
District would issue debt through COP's and identify capital projects. The
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projects would go to the Finance-Accounting Committee to decide which ones
would go forward. A reserve policy will be looked at. In response to a comment,
General Counsel Kidman stated there is no such thing as being able to borrow
secured by the value of the District's system. There can be no equity line. The
only way the District can borrow is on revenue.
Lee Cory entered the meeting at 9:44 a.m.
Director Mills reviewed the changes and is prepared to support the budget.
General Manager Payne stated all the materials will be incorporated.
On a motion by Director Mills, seconded by Director Beverage, the Board of
Directors, on a Roll Call vote, voted 5-0 to adopt Resolution No. 07-09
adopting the budget for fiscal years 2007-2009 and rescinding Resolution No.
05-02 and to adopt Resolution No. 07-10 approving the number of authorized
positions for fiscal years 2007-09 and rescinding Resolution No. 06-06.
General Manager Payne thanked Ken Vecchiarelli, Diane Cyganik, Lee Cory, Gina
Knight, Art Vega, Amelia Cloonan and many other staff members for their hard
work in developing the budget.
2007. District Purchasing Policy. General Manager Payne stated review of the
purchasing policy went to the Executive-Administrative-Organizational
Committee. Changes the committee recommended were incorporated. Verbal
quotes were replaced with written quotes. The policy provides staff with a little
more flexibility. Director Summerfield asked for the definition of notify and asked
that it be spelled out in the policy. General Manager Payne stated that at the
Board meeting following notification by the Department Manager in writing to the
General Manager of the need for purchase, he would bring information to the
Board stating the justification for the District spending the money. There was a
discussion about where the item should appear in the agenda. General Manager
Payne will add a footnote defining notify.
On a motion by Director Armstrong, seconded by Director Beverage, the
Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 07-11,
Modifying District Purchasing Policy and Rescinding Resolution 02-01.
9. District Appropriations Limit. Finance Director Cyganik gave a brief report.
On a motion by Director Beverage, seconded by Director Mills, the Board of
Directors on a Roll Call voted 5-0 to adopt Resolution 07-12 adopting the
District's Appropriations Limit for fiscal year 2007-2008.
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10. Consultant Agreement for General Counsel Services. General Manager Payne
introduced the item, which is a request by legal counsel to amend their rates.
President Collett said the item was reviewed by the Executive-Administrative-
Organizational Committee. President Collett wants to further review the
agreement and asked it be taken back to the Executive-Administrative-
Organizational Committee. It was suggested the date for the meeting be changed
so that it falls before the next Board meeting.
DISCUSSION ITEMS
11. Status Report on the Terms and Conditions for the Placentia Yorba Linda Unified
School District Annexation. General Manager Payne stated District staff met with
PYLUSD staff. They have worked out some details. Water facility and sewer
facility issues have been partially worked out. Sr. Project Engineer Moulton
reported there was a meeting between staff scheduled for Friday morning.
Synthetic turf has been discussed.
12. Status Report on YLWD's request to Orange County Water District for the
annexation of Districts lands. General Manager Payne and Assistant General
Manager Vecchiarelli had a meeting on Wednesday with OCWD staff.
Annexations and the IRWD issue were discussed. There are still questions about
whether the EIR is valid. The issue with Golden State is that IRWD is a far larger
agency than others and is taking too much water without paying enough.
General Counsel Kidman said the main issue we are trying to focus on is why
annexation of IRWD is different than YLWD's annexation. A sub goal of the
District should be to try to avoid being pulled into any litigation. The District needs
to find a way to make a practical distinction between YLWD and others.
General Manager Payne met with Don Caulkins, City of Anaheim and discussed
annexation issues and the proposed deal with IRWD.
REPORTS, INFORMATION ITEMS AND COMMENTS
13. a. President's Report
The President had nothing to report.
b. Directors Reports
Director Mills asked about the LAFCO/MWDOC meeting and what they have in
mind. General Manager Payne reported he attended the LAFCO meeting and
testified on behalf of MWDOC. LAFCO approved a 90-day extension to allow
both sides to work out their issues.
c. General Managers Report
General Manager Payne reported he met with Bob Dominguez, City of
Placentia. He thinks the parties are ready to sit down with legal counsel and
draft amendments. They spoke about Mira Loma and Richfield Road. Bob
Dominguez is checking with Steve Nelson on moving the power poles in
Richfield Road.
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d. General Counsel's Report
General Counsel Kidman reported AB 1260, the bill dealing with Prop 218, has
moved one step closer to passing, since there is no remaining opposition to the
bill in its present form.
COMMITTEE REPORTS
14. a. Executive-Administrative-Organizational Committee
(Collett/Summerfield) Alternate: Armstrong
1) Minutes of meeting held June 19 will appear in the Board agenda for July
12.
President Collett reported. The Committee considered adjustments to the
legal services rate for McCormick, Kidman & Behrens. There was a report
on legislative activities by Barry Brokaw and a report on grant applications
by Sean Fitzgerald of Townsend Public Affairs. The 2007/08 & 2008/09
fiscal budget was discussed.
2) The meeting scheduled for July 17 was moved to July 6, 4:00 p.m.
b. Finance-Accounting Committee
(Mills/Beverage) Alternate: Summerfield
1) Minutes of meeting held May 22.
The Committee discussed the YLWD Sewer Maintenance Fees Report for
fiscal year 2007-08. A CPI increase was also discussed.
2) Minutes of meeting held June 8.
A representative of each department was present to discuss their section of
the FY 2007/08 & 2008/09 budget.
3) Meeting scheduled for July 10, 4:00 p.m.
c. Personnel-Risk Management Committee
(Summerfield/Armstrong) Alternate: Mills
1) Minutes of meeting held June 21.
The Committee reviewed standing Items, which included the District's
proposed staffing requirements for the proposed 2007/08 & 2008/09 budget.
Staff presented risk management information. Recruitments and vacancies
were also discussed.
2) Meeting scheduled for July 9, 4:00 p.m.
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d. Planning-Engineering-Operations Committee
(Armstrong/Mills) Alternate: Collett
1) Meeting scheduled for July 5, 4:00 p.m.
e. Public Information Committee
(Collett/Beverage) Alternate: Armstrong
1) Minutes of meeting held June 12.
The Committee reviewed the Report on Public Health Goals. The Public
Information portion of the 2007/08 & 2008/09 budget was discussed. Also
covered at the meeting were the SmarTimer rebate program, the District's
GIS project and participation in the American Cancer Society "Relay for
Life', August 10-11.
2) Meeting scheduled for July 11, 4:00 p.m.
f. Building Ad Hoc Committee
(Summerfield/Beverage) Alternate: Armstrong
1) Meeting scheduled for July 19, 4:00 p.m.
g. IVIWDOC Ad Hoc Committee
(Beverage/Collett) Alternate: Mills
1) Minutes of meeting held June 26 will appear in the Board agenda for July
12.
The Committee discussed Met's Long Range Finance Plan, receipt by
MWDOC of $1.7 million for water conservation programs, MWDOC's
request for deferral of the next Diemer shutdown to 2010, the MWDOC
LAFCO MSR, drought water issues and assistance by MWDOC to YLWD in
2007/08.
2) Meeting scheduled for August 28, 4:00 p.m.
h. City of Placentia Ad Hoc Committee
(Beverage/Payne)
1) Meeting scheduled for August 8, 9:00 a.m., Richfield Plant.
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INTERGOVERNMENTAL MEETINGS
15. a. Yorba Linda City Council, June 19 (Mills)
Director Mills attended. A payment to the Chamber of Commerce of $16,000
was set aside.
b. LAFCO meeting, June 20
The LAFCO meeting was already covered in item 13.b.
c. OCWD Board, June 20
General Manager Payne reported several items were covered, the most
important of which was the increase in the BPP to 82%.
d. Yorba Linda Planning Commission, June 27
Director Armstrong did not attend.
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after June 28, 2007. Agenda is available in the District office
prior to meeting.
.luly 2007
Plan nin -En ineerin -O erations Committee, Jul 5, 4:00 .m.
Armstrong/Mills
WACO, Jul 6, 7:30 a.m.
Mills
Executive-Admin-Or anizational Committee, Jul 6, 4:00 .m.
Collett/Summerfield
Personnel-Risk Management Committee, Jul 9, 4:00 .m.
Summerfield/Armstron
Finance-Accounting Committee, Jul 10, 4:00 .m.
Mills/Beverage
Public Information Committee, July 11, 4:00 .m.
Collett/Beverage
Yorba Linda Planning Commission, Jul 11, 6:30 .m.
Armstrong
Yorba Linda City Council, Jul 17, 6:30 .m.
Mills
MWDOC Board, Jul 18, 8:30 a.m.
Staff
OCWD Board, Jul 18, 5:00 .m.
Staff
Building Ad Hoc Committee, Jul 19, 4:00 .m.
Summerfield/Beverage
Yorba Linda Planning Commission, July 25, 6:30 .m.
Summerfield
August 2007
Yorba Linda City Council, Au 1, 6:30 .m.
Collett
MWDOC/MWD Joint Workshop, Au 1, 8:30 a.m.
Staff
OCWD Board, Au 1, 5:00 .m.
Staff
WACO, Au 3, 7:30 a.m.
Mills
Public Information Committee, Au 7, 4:00 p.m.
CoIlett/Beverage
Planning-Engineering-Operations Committee, Au 7, 4:00 .m.
Armstrong/Mills
Yorba Linda Planning Commission, Au 8, 6:30 .m.
Armstrong
Personnel-Risk Management Committee, Au 13, 4:00 .m.
Summerfield/Armstron
Finance-Accounting Committee, Au 14, 4:00 .m.
Mills/Beverage
Yorba Linda City Council, Au 15, 6:30 p.m.
Mills
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MWDOC Board, Au 15, 8:30 a.m.
Staff
OCWD Board, Au 15, 5:00 .m.
Staff
Building Ad Hoc Committee, Au 16, 4:00 .m.
Summerfield/Bevera e
Executive-Admin-Or anizational Committee, Au 21, 4:00 .m.
Collett/Summerfield
Yorba Linda Planning Commission, Au 22, 6:30 .m.
Summerfield
CONFERENCES AND SEMINARS
16. 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
ADJOURNMENT
On a motion by Director Beverage, seconded by Director Mills, the Board of Directors
voted 5-0 at 10:48 a.m. to adjourn to a regular meeting of the Board of Directors
scheduled for Thursday, July 12, 2007, at 8:30 a.m., at 4622 Plumosa Drive, Yorba
Linda 92886.
Michael A. Payne
Secretary
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