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HomeMy WebLinkAbout2004-02-26 - Board of Directors Meeting Minutes2004- 23 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING February 26, 2004, 8:30 A.M. 4622 Plumosa Drive, Yorba Linda - Tel: 714-777-9593 The February 26, 2004 meeting of the Yorba Linda Water District Board of Directors was called to order by President William R. Mills at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors Present at Roll Call William R. Mills, President Michael J. Beverage, Vice President John W. Summerfield Arthur C. Korn Directors Absent at Roll Call Paul R. Armstrong Staff Present: Michael A. Payne, General Manager Arthur G. Kidman, District General Counsel Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Assistant General Manager Amelia Cloonan, Administrative Secretary Ruben Gonzales, Facilities Maintenance Vince Blundo, Water Maintenance Supervisor Pamela Pietras, Assistant Administrator Visitors present: None SPECIAL RECOGNITION 1. Vince Blundo, Water Maintenance Supervisor, introduced Ruben Gonzales, Facilities Maintenance, and recognized his twenty-five years of service to the District. Vince Blundo and Ruben Gonzales left the meeting at 8:35 a.m. CONSENT CALENDAR (Items 2 through 6) On a motion by Vice President Beverage, seconded by Director Summerfield, the Board of Directors voted 4-0 to approve the Consent Calendar. 2. Approve minutes of regular meeting February 12, 2004. 3. Authorize directors to leave the State of California prior to next meeting. 4. Approve disbursements of $510,982.54. -1- 2004-24 5. Approve Progress Payment No. 3 in the net amount of $110,597.20 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion, Job No. 0316. 6. Reject and refer the damage claims filed by Jorge A. Gutierrez and Chelsea Mitchell to ACWA/Joint Power Insurance Authority. ACTION CALENDAR 7. Consider Investment Report for the quarter ending December 31, 2003. The item was opened for discussion on a motion by Vice President Beverage, seconded by President Mills. Beverly Meza, Business Manager, presented the report. A question was asked about investigating ways to increase the yield on the District's money market accounts. President Mills suggested hiring an investment counselor, and this will be added to the March 9, 2004 Finance Committee Agenda for discussion. The Board of Directors voted 4-0 to receive and file the investments for quarter ending December 31, 2003. Consider Financial Statements for the period ending December 31, 2003. The item was opened for discussion on a motion by Vice President Beverage, seconded by Director Summerfield. Beverly Meza, Business Manager, presented the report. A question was asked about the deviation in the number for planned loss. Ms. Meza responded that water sales are down, and General Manager Payne added there is a decrease in water sales county wide in all agencies. This is fairly normal this time of year. President Mills asked that a dash be added between current year and prior year on the chart. The Board of Directors voted 4-0 to accept Financial Statements for the period ending December 31, 2003. 9. Consider District Facilities Tours. The item was opened for discussion on a motion by Vice President Beverage, seconded by President Mills. Michael Robinson, Assistant Administrator, presented the report. Staff recommended the Board of Directors approve resuming tours of District facilities. The first tour will be held in conjunction with Water Awareness Month. During the open house, three mini tours of the District's major facilities would be conducted in a small bus. A full-day tour is being planned for September. Staff is proposing to increase security measures. Director Korn thought this might create the illusion that the District is checking and keeping track of who attends the tour. The Board of Directors voted 4-0 to approve the resumption of public participation in District facilities tours. Barry Brokaw, Sacramento Advocates, entered the meeting at 8;50 a.m. Agenda Item 11 was moved to this point in the meeting to accommodate Mr. Brokaw. -2- 2004-25 DISCUSSION CALENDAR 11. Update on Legislative activities and the State's budget. General Manager Michael Payne introduced Barry Brokaw of Sacramento Advocates. Mr. Brokaw distributed several handouts to the members of the Board. He gave an overview of initial 2004 legislative issues including: Proposed 2004-2005 State Budget, Key Legislation of Interest (Special District Consolidation, Special District Board of Directors Governance Reforms, Special District Property Tax Revenues), Local Agency Investment Funds, new Director at the Department of Water Resources. Mr. Brokaw also briefly mentioned storage, water quality, bonds, and consolidation. Director Armstrong entered the meeting at 9:23 a.m. Questions were asked, and a discussion was held. No action was taken. A recess was declared at 9:50 a.m. Barry Brokaw and Pamela Pietras left the meeting. The Board reconvened at 10:00 a.m. with all Directors present. CONSENT CALENDAR 10. Consider Board of Directors/management team building and strategic planning workshop. The item was opened for discussion on a motion by Vice President Beverage, seconded by President Mills. Michael Payne, General Manager, presented the report. President Mills reported this item was presented to the Executive-Administration Committee meeting. Discussion at today's meeting included: length of time of the proposed workshop, possible number of days, need for a facilitator, reasons for holding the workshop offsite, costs for the workshop, the strategic plan, the mission statement, subjects to be covered, and meeting structure. General Counsel Kidman stated this would be a board meeting. The public must be noticed, and the meeting would need to be open to the public. Going offsite for a retreat is not an option. It was agreed General Manager Payne would issue a questionnaire, and the Directors would return the completed questionnaire to the General Manager by March 10. The item will be referred to the Executive-Administration Committee for follow-up and then returned to the Board for consideration. Vice President Beverage withdrew his motion, and President Mills withdrew his second. GENERAL MANAGER'S REPORT 12. General Manager's oral report and comments. a) General Counsel Kidman reported that on February 25 a ruling was received from the Court of Appeal on the Huntington Beach vs. OCWD case. The ruling is an upublished opinion resolving this case only and is not in effect until 60 days after February 25. The Cities of Huntington Beach and Fountain Valley lost this case without any qualifications. As this case is still pending, closed session should continue to be held on this case for at least the next 60 days. -3- 2004-26 b) Metropolitan Water District shutdown update. Lee Cory, Operations Manager, reported the shutdown is still in process. The District tried to contact all customers, focusing on medians, parks, and schools. Springview Reservoir consumption was more than expected. By Friday, February 27, Met will be back on line. General Manager Payne commended all District staff for doing a wonderful job. c) ACWA groundwater committee, March 17, Sacramento. President Mills wanted authorization to attend the meeting. Director Armstrong moved and Vice President Beverage seconded. The Board of Directors voted 5-0 to authorize President Mills to attend the ACWA groundwater committee meeting on March 17 in Sacramento. d) ACWA's 2004 Legislative Symposium, Tuesday, March 30, Sacramento. General Manager Payne stated there is a flyer in the Board mail regarding this symposium and asked if anyone is interested in attending. e) Yorba Linda Water District Employees Association - agency shop. General Manager Payne reported the Yorba Linda Water District Employees Association had an election conducted by the State Department of Industrial Relations. There were changes in the law before Governor Davis left office, and the District was required to hold an election on this issue. The election took place on February 4. Forty-five votes were cast. There were 34 yes votes and 11 no votes, so there will be an agency shop. The YLWD Employees Association is represented by CEA. The District worked with personnel counsel Dave Larsen. f) District activities. An invitation for the April 3rd dedication of the Yorba Linda Athletic Wall is included in the Board mail. Please let Amelia know if you wish to attend, so reservations can be made. COMMITTEE REPORTS 13. Executive-Administration Committee (Mills/Beverage) Summary minutes of meeting held February 17, 2:00 p.m. President Mills reported Item 5 the "Out of State" motion was discussed. The sewer policy with the City of Yorba Linda is still being worked on with a proposal from the city for cleaning due March 17. General Manager Payne stated a summary sheet was included in the Board mail showing Board of Directors expenses for 2003. 14. Finance-Accounting Committee (Kom/Summerfield) Meeting scheduled for March 9, 4:00 p.m. Items to be discussed are: Moreland and Associates internal audits, investment reports, and financial consultant. 15. Personnel-Risk Management Committee (Summerfield/Mills) Meeting scheduled for March 8, 4:00 p.m. Items to be discussed are: District staffing/recruitments, Board of Directors benefits, and the employee handbook. -4- 2004-27 16. Planning-Engineering-Operations Committee (Beverage/Armstrong) Summary minutes of meeting held February 18, 4:00 p.m. The following items were discussed: System Pressure Issue, Richfield Road and Miraloma Avenue Street Improvements, Grandview Avenue Sewer Extension, Vista Del Verde Development - Village III - Temporary Capacity Credit Agreement, Capital Improvement Status Update, Pulte Offsite Sewer Improvement Project, Greystone Homes Proposed Development. 17. Public Information Committee (Armstrong/Kom) Meeting scheduled for March 2, 4:00 p.m. Items to be discussed are: Water Awareness Open House, West Coast Magazine, construction projects outreach. 18. Orange County Water District Ad Hoc Committee (Mills/Beverage) Meeting scheduled for March 15, 4:00 p.m. 19. MWDOC Ad Hoc Committee (Mills/Kom) Meeting scheduled for March 22, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 20. Yorba Linda City Council, February 17, 6:30 p.m. Director Armstrong attended. There was discussion about the metro station, the ingress and egress from the East Lake shopping center onto Yorba Linda Boulevard, ambulance service, and a summary report of crime and traffic statistics. 21. MWDOC Board of Directors, February 18, 9:00 a.m. Staff did not attend due to conflict with a prior meeting. 22. OCWD Board of Directors Workshop, February 18, 3:30 p.m. Michael Payne reported the workshop was held prior to the board meeting. The OCWD Replacement & Refurbishment Plan was discussed. No action was taken by their board. 23. OCWD Board of Directors, February 18, 5:00 p.m. Michael Payne reported a date was set in closed session for a board workshop. 24. Yorba Linda Planning Commission, February 25, 6:30 p.m. No one attended. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after February 26, 2004. Agenda is available in the District office prior to meeting. ISDOC Board, March 2, 7:30 a.m. Yorba Linda City Council, March 2, 6:30 p.m. MWDOC/MWD Workshop, March 3, 8:30 a.m. OCWD, March 3, 5:00 p.m. WACO, March 5, 7:30 a.m. Yorba Linda Planning Commission, March 10, 6:30 p.m. Yorba Linda City Council, March 16, 6:30 p.m. MWDOC, March 17, 8:30 a.m. OCWD, March 17, 5:00 p.m. Yorba Linda Planning Commission, March 24, 6:30 p.m. -5- Summerfield Staff Staff Korn Armstrong Staff Staff Beverage 2004-28 WACO, April 2,7:30 a.m. Mills ISDOC Board, April 6,7:30 a.m. Yorba Linda City Council, April 6, 6:30 p.m. Summerfield MWDOC/Met A. Workshop, April 7, 8:30 a.m. Staff OCWD, April 7, 5:00 p.m. Staff Yorba Linda Planning Commission, April 14, 6:30 p.m. Korn Yorba Linda City Council, April 20, 6:30 p.m. Armstrong MWDOC, April 21, 8:30 a.m. Staff OCWD, April 21, 5:00 p.m. Staff Yorba Linda Planning Commission, April 28, 6:30 p.m. Beverage ISDOC Membership, April 29,11:30 a.m. BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Director Korn commented on the letter to John Summerfield from Tim Miller regarding the observation and participation by two scouts in servicing a fire hydrant. He stated that is the kind of hands-on program he is really interested in and would actively promote this effort. Director Summerfield concurred and suggested the District contact the area scout masters, because the Life Level rank requires scouts to do something like this. General Manager Payne again expressed thanks to Mike Robinson, Armando Raya, Jerry Huizar and Dennis McGlasson for their efforts. Director Korn commented that the Board members are reimbursed for days of service, not meetings attended. There is a monthly limit of ten days. President Mills mentioned the letter from MWDOC Director Brett Barbre inviting the District to recognize Stan Sprague of MWDOC for his service. General Manager Payne stated the District normally prepares a proclamation, which is signed by the President of the Board. President Mills said he would attend the retirement dinner to present the proclamation. A recess was declared at 11:18 a.m. The meeting reconvened in closed session at 11:23 a.m. with all Directors present. Also present were General Counsel Kidman, General Manager Payne and Assistant General Manager Vecchiarelli. CLOSED SESSION 25. Discussion of pending litigation to which the District is a party, (Justification for Closed Session is Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 815921 Huntington Beach vs. OCWD, and Case No. 818852 Fountain Valley vs. OCWD. 26. Discussion of potential litigation to which the District may be a party, (Justification for Closed Session is Subsection (c) of Section 54954.2 and Subsection (b) of Section 54956.9), International Custom Enterprises. -6- 2004-29 27. Discussion of pending litigation to which the District is a party (Justification for Closed Session is Subsection (b)(1) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 03CCO5867 Peters vs City of Yorba Linda, Southern California Edison; Yorba Linda Water District and Yorba Linda Water District vs Southern California Edison; Cecil Maurer, Jackie Peters. The Board of Directors came out of Closed Session at 12:17 p.m. No action was taken in Closed Session ADJOURNMENT On a motion by Vice President Beverage, seconded by Director Korn, the Board of Directors voted 5-0 to adjourn at 12:17 p.m. The next regular meeting of the Board is scheduled for Thursday, March 11, 2004 at 8:30 a.m., at the District Headquarters. i a i Michael A. Payne Secretary -7- 2004-30