HomeMy WebLinkAbout2006-05-25 - Board of Directors Meeting Minutes2006-77
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
May 25, 2006
The May 25, 2006 regular meeting of the Yorba Linda Water District Board of Directors
was called to order by President Paul R. Armstrong at 8:30 a.m. The meeting was held
at District Headquarters, 4622 Plumosa Drive, Yorba Linda.
DIRECTORS PRESENT AT ROLL CALL
Paul R. Armstrong, President
Ric Collett, Vice President
Michael J. Beverage
William R. Mills
John W. Summerfield
DIRECTORS ABSENT AT ROLL CALL:
None
STAFF PRESENT
Michael A. Payne, General Manager
Kenneth Vecchiarelli, Asst. G.M.
Arthur G. Kidman, General Counsel
Lee Cory, Operation Manager
Diane Cyganik, Finance Director
Gina Knight, Human Resources Manager
Amelia Cloonan, Admin Secretary
Linda Bauermeister, Counsel
INTRODUCTION OF VISITORS AND PUBLIC COMMENTS
None
SPECIAL RECOGNITION
None
CONSENT CALENDAR (Items 1 through 4)
On a motion by Director Beverage, seconded by Director Mills, the Board of Directors
voted 5-0 to approve the Consent Calendar, with Vice President Collett abstaining from
voting on check number 44510, Item 2.
1. Minutes of the Regular Board of Directors meeting held May 8, 2006.
Recommendation: Approve the minutes as presented.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$859,851.46.
3. Well 9 Abandonment.
Recommendation: Authorize the General Manager to execute a Maintenance
Service Agreement with the General Pump Company in the amount of
$17,400 for Well 9 abandonment.
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4. Construction of Richfield Building Modifications.
Recommendation: Approve Final Progress Payment No. 4 in the net amount
of $7,152.30; authorize staff to file a Notice of Completion; release the Labor
and Material Bond and payment of the 10 percent retention, 35 days after the
Notice of Completion has been recorded, if no liens have been filed, and
release the Faithful Performance Bond in one year if no defects have been
found, to C.G. Construction, Inc. for the construction of Richfield Building
Modifications, Job No. 200517.
The Board of Directors adjourned to Closed Session at 8:34 a.m. All Directors were
present. Also present were General Manager Payne, General Counsel Kidman and
Counsel Bauermeister.
ADJOURN TO CLOSED SESSION
6. 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))
Dennis L. Walker, Carolyn H. Walker, individually, and Dennis L. Walker and
Carolyn H. Walker as Trustees and Conservators of the Walker Family Trust; Pai
Pen Sung; Jerald L. Carpenter, Deborah L. Carpenter, individually, and Jerald L.
Carpenter and Deborah L. Carpenter as Trustees and Conservators of the
Carpenter Family Trust vs. City of Yorba Linda and Yorba Linda Water District.
Linda Bauermeister left the meeting at 8:58 a.m. Assistant General Manager
Vecchiarelli, Human Resources Manager Knight and Labor Counsel Dave Larsen joined
the Closed Session at 8:59 a.m.
5. Conference with Labor Negotiator. (Justification for Closed Session is Government
Code Section 54957.6) Yorba Linda Water District Employees Association,
employee organization and Gina Knight, Human Resources Manager, and Ken
Vecchiarelli, Assistant General Manager, YLWD designated representatives.
The Board of Directors came out of Closed Session at 9:58 a.m.
RECONVENE IN OPEN SESSION
The Board of Directors reconvened in open session at 10:00 a.m.
CLOSED SESSION REPORT
There was no Closed Session report.
Diane Cyganik, Mike Robinson, YLWD Assistant Administrator, and Amelia Cloonan
joined the meeting. Mayor Mike Duvall, City of Yorba Linda, and Brett Barbre, MWDOC
Director, also joined the meeting,
Item 10 was moved to this point in the agenda to accommodate Mr. Duvall's schedule
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DISCUSSION ITEMS
10. Mike Duvall, Mayor of the City of Yorba Linda, gave an update on Orange County
Sanitation District issues. He spoke about treatment of water that goes through
the sewers. He stated 87% of that water is pumped back up to the aquifers in
Anaheim. There are tours of groundwater treatment facilities planned for 4:00 p.m.
on the second Monday just before their board meetings. The annual rate
discussion was held at the Sanitation District meeting last evening. Mr. Duvall
recounted the history of rate increases over the years at the Sanitation District.
Questions were asked about when the capital improvement plan would come out.
An update on the SARI line was given.
Mike Payne left the meeting at 10:22 a.m.
Mike Duvall and Brett Barbre left the meeting at 10:37 a.m.
ACTION CALENDAR
7. Financial Statements for the Ninth Month of Fiscal Year 2005-2006 period ending
March 31, 2006. Finance Director Cyganik presented the report and gave an
overview. Director Mills requested the wording used be clarified in the Notes -
Water Fund item 1 where it states the increase in the water rate, and the
increase in water consumption Director Summerfield thought the statement in
Item 4 where it states "The main reason for the increase in nonoperating expense
over budget is the Interest on Long-term debt." should be covered in the budget.
Assistant General Manager Vecchiarelli stated staff will look into this.
On a motion by Director Mills, seconded by Director Beverage, the Board of
Directors voted 5-0 to receive and file the financial statements for nine months
of fiscal year 2005-2006 ending March 31, 2006.
8. Election Information for November 7, 2006, General Election.
On a motion by President Armstrong, seconded by Director Mills, the Board of
Directors voted 5-0 to authorize the Secretary to file the Transmittal of Election
Information form with the following information: a) Three Directors to be
elected at large for the terms currently filled by Paul R. Armstrong, William R.
Mills and John W. Summerfield, b) that the candidates' statement of
qualifications will be a maximum of 200 words; and c) the district will not pay for
the candidates'statement.
9. Consider 2006 Consumer Confidence Report. Assistant Administrator Robinson
presented the report. This is the 17th year the report is being published. The
Public Information Committee in their last meeting recommended adding an
executive summary, which was done. Director Summerfield noted the language on
page 8, paragraph 2 under measurements should read testing done for the
period January 1 through December 31, 2005....".
On a motion by Vice President Collett, seconded by Director Mills, the Board of
Directors voted 5-0 to approve publication of the 2006 Consumer Confidence
Report as amended.
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Mike Robinson left the meeting at 10:49 a.m.
REPORTS. INFORMATION ITEMS AND COMMENTS
11. a. President's Report
President Armstrong reported on attendance at the ACWA Conference. There
is a series about California's water narrated by Huell Howser. President
Armstrong thought the District should consider purchasing the series for loaning
out to various schools.
President Armstrong asked about the grading being performed on the Lennar
property. Assistant General Manager Vecchiarelli responded rough grading
has commenced. Hover has promised to deliver a booster station site by mid
June. Toll Brothers is moving ahead with excavation of the Lakeview Reservoir
cavity.
b. Directors Reports
Vice President Collett attended the District's Open House. He observed
attendance at the event was low, possibly because of other events being held
in the vicinity that weekend.
Director Mills handed out a summary report of the ACWA/JPIA meeting. At
JPIA, it was agreed the Workers' Compensation premium will be reduced by
10% due to changes in the law and training through JPIA programs. A copy of
JPIA's investment policy was in the handout.
c. General Managers Report
There was no report.
d. General Counsel's Report
General Counsel Kidman reported on the ACWA Conference. The Santa Ana
Regional Water Quality Control Board staff proposed a requirement that non
native water used for groundwater recharge would be deemed a waste. This is
very controversial in legal circles. The issue is not scheduled for future
discussion at this time.
There was quite a bit of discussion about the imminent domain ruling. Property
rights people object to taking property from one private owner to give to another
private owner. Bills in the Legislature may be going too far. In California, the
degree to which this situation can occur is limited.
e. ACWA/JPIA Executive Committee Meeting, May 8 & 9, 2006. (Mills, Payne)
There were no further reports.
f. ACWA Spring Conference, May 10-12, 2006. (Armstrong, Mills, Payne)
There were no further reports.
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COMMITTEE REPORTS
12. a. Executive-Administrative-Organizational Committee
(Armstrong /Collett) Alternate: Beverage
1) Minutes of meeting held May 23 will appear in the Board agenda on June 8.
President Armstrong reported. The Committee discussed the election issue.
Ethics training for the Board of Directors and staff positions was also covered.
The training must be held every two years and may be done in the form of a
workshop. Sean Fitzgerald of Townsend Public Affairs and Barry Brokaw of
Sacramento Advocates called in with reports. The General Managers
performance evaluation was discussed.
2) Meeting scheduled for June 20, 4:00 p.m.
b. Finance-Accounting Committee
(Collett/Mills) Alternate: Summen`ield
1) Meeting scheduled for June 12, 4:00 p.m.
Finance Director Cyganik reported the auditors will be on the agenda for the
committee meeting on the 12th of June.
c. Personnel-Risk Management Committee
(Beverage/Summerfield) Alternate: Collett
1) Minutes of meeting held May 22 will appear in the Board. agenda on June 8.
Director Beverage reported the committee discussed employee
performance evaluations and salary/step modifications.
3) Meeting scheduled for June 13, 4:00 p.m.
d. Planning-Engineering-Operations Committee
(Summerfield/Mills) Alternate: Armstrong
1) Meeting scheduled for June 1, 4:00 p.m.
e. Public Information Committee
(Mills/Collett) Alternate: Summerfield
1) Meeting scheduled for Tuesday, June 6, 8:00 a.m.
f. Building Ad Hoc Committee
(Beverage/Summerfield) Alternate: Collett
1) Meeting scheduled for Thursday, June 15, 4:00 p.m.
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g. MWDOC Ad Hoc Committee
(Armstrong/Beverage) Alternate: Mills
1) Meeting scheduled for June 27, 4:00 p.m.
INTERGOVERNMENTAL MEETINGS
13. a. Yorba Linda City Council, May 13
Director Collett attended. There was nothing to report.
b. Yorba Linda Planning Commission, May 24
No one attended.
BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after May 25, 2006. Agenda is available in the District office
prior to meeting.
June
Planning-Engineering-Operations Committee, June 1, 4:00 .m.
Summerfield/Mills
WACO, June 2,7:30 a.m.
Mills
Public Information Committee, June 6, 8:00 a.m.
Mills/Collett
Yorba Linda City Council, June 6, 6:30 .m.
Collett/ Alt. Summerfield
MWDOC/MWD Joint Workshop, June 7, 8:30 a.m.
Staff
OCWD Board, June 7, 5:00 .m.
Staff
Finance-Accounting Committee, June 12, 4:00 .m.
Collett/Mills
Personnel-Risk Management Committee, June 13, 4:00 .m.
Bevera a/Summerfield
Yorba Linda Planning Commission, June 14, 6:30 .m.
Mills/IA/t. Summerfield
Building Ad Hoc Committee June 15, 4:00 .m.
Bevera a/Summerfield
Executive-Admin-Or anizational Committee, June 20, 4:00 .m.
Armstrong/Collett
Yorba Linda City Council, June 20, 6:30 p.m.
Collett/ Alt. Summerfield
MWDOC Board, June 21, 8:30 a.m..
Staff
OCWD Board, June 21, 5:00 p.m.
Staff
Yorba Linda Planning Commission, June 28, 6:30 p.m.
Mills/ Alt. Summerfield
Jul
Public Information Committee, Jul 3, 4:00 .m.
Mills/Collett
Planning-Engineering-Operations Committee, Jul 6, 4:00 .m.
Summerfield/Mills
WACO, Jul 7, 7:30 a.m.
Mills
MWDOC/MWD Joint Workshop, Jul 5, 8:30 a.m.
Staff
OCWD Board, Jul 5, 5:00 .m.
Staff
Yorba Linda City Council, June 6, 6:30 .m.
Collett/ Alt. Summerfield
Finance-Accounting Committee, Jul 10, 4:00 p.m.
Collett/Mills
Personnel-Risk Management Committee, Jul 11, 4:00 .m.
Bevera a/Summerfield
Yorba Linda Planning Commission, June 12, 6:30 .m.
Mills/IAIt. Summerfield
Executive-Admin-Or anizational Committee, Jul 18, 4:00 .m.
Armstrong/Collett
Yorba Linda City Council, Jul 18, 6:30 .m.
Collett/ Alt. Summerfield
MWDOC Board, Jul 19, 8:30 a.m.
Staff
OCWD Board, Jul 19,5:00 .m.
Staff
Yorba Linda Planning Commission, Jul 26, 6:30 .m.
Mills/ Alt. Summerfield
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CONFERENCES AND SEMINARS
14. 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. Vista Del Verde Park Dedication, Wednesday, May 31, 2006, 2:00 p.m.
President Armstrong and Vice President Collett will attend.
b. Countywide Legislative Breakfast, Friday, June 9, 8:30-10:30 a.m., Tustin
Ranch Golf Club.
ADJOURNMENT
On a motion by Director Beverage, seconded by President Armstrong, the Board of
Directors voted 5-0 to adjourn at 11:24 a.m. A regular meeting of the Board of Directors
is scheduled for Thursday, June 8, 2006, at 8:30 a.m., at 4622 Plumosa Drive, Yorba
Linda 92886.
Michael A. Payne
Secretary/General Man
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