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HomeMy WebLinkAbout2009-11-12 - Board of Directors Meeting Minutes 2009-169 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING November 12, 2009 1. CALL TO ORDER The November 12, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 8:30 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 John W Summerfield, President Pat Grady, Assistant General Manager William R. Mills, Vice President Art Kidman, General Counsel Paul R. Armstrong Steve Conklin, Engineering Manager Michael J Beverage Lee Cory, Operations Manager Ric Collett Gina Knight, HR Manager ' John DeCriscio, Chief Plant Operator Lenica Castner, Temporary GIS Tech Freddie Ojeda, Plant Operator II Annie Alexander, Executive Secretary OTHER VISITORS Linda Bauermeister, Attorney, Barber & Bauermeister Laurie Park, Associate, McCormick, Kidman & Behrens Bill Guse, Member, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION 6.1. Introduce Lenica Castner, Temporary GIS Technician Mr. Grady introduced Ms. Castner to the Board of Directors. ' 6.2. Introduce Freddie Ojeda, Lateral Transfer to Plant Operator II Mr DeCriscio introduced Mr Ojeda to the Board of Directors. Ms. Castner, Mr. DeCriscio and Mr Ojeda left the meeting at this time. 1 2009-170 7. CONSENT CALENDAR ' On a motion by Director Beverage, seconded by Director Collett, the Board voted 5-0 to approve the Consent Calendar. Director Collett abstained from voting on Check No. 52850 of Item No. 7.3. as he has a business interest with the vendor. Director Summerfield requested to remove Item 7.5. from the Consent Calendar for separate action. 7.1. Minutes of the Regular Board of Directors Meeting Held October 21, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Special Board of Directors Meeting Held October 23, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payment of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,366,343.94. 7.4. Progress Payment No. 3 for the Lakeview Sewer Lift Station Rehabilitation Project Recommendation: That the Board of Directors approve Progress ' Payment No. 3 in the amount of $29,019.14 to Schuler Engineering Corp. for the Lakeview Sewer Lill Station Rehabilitation. 7.6. Progress Payment No. 18 for the Highland Reservoir Replacement Project Recommendation: That the Board of Directors approve Progress Payment No. 18 in the net amount of $224,141.90 to Schuler Engineering Corporation and 10% retention of $24,904.66 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 7.7. FY 2008/09 Audited Financial Statements Recommendation: That the Board of Directors receive and rile the audited FY 2008109 financial statements. 7.8. 13t Quarter Profit & Loss for the Water and Sewer Funds Recommendation: That the Board of Directors approve, receive, and rile the 1S quarter budgeted financial results for the Water and Sewer funds. 2 2009-171 ' ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.5. Progress Payment No. 3 for the San Antonio Pressure Reducing Station Upgrade Project Mr Conklin responded to questions from Director Summerfield regarding the need for a time extension to complete the project. Mr. Conklin explained that due to incorrect information being provided by another utility, the contractor will need additional time to complete the project. Staff is currently working with the contractor regarding a change order request for additional costs and a time extension. On a motion by Director Summerfield, seconded by Director Collett, the Board voted 5-0 to approve Progress Payment No. 3 in the net amount of $21,262.50 to Paulus Engineering, Inc. for construction of the San Antonio Pressure Reducing Station Upgrades Project, Job No. 200901. 8. ACTION CALENDAR 8.1. Professional Services Agreement - Townsend Public Affairs Mr Grady explained that Executive-Administrative-Organizational Committee had discussed the contracts with Townsend Public Affairs and ' Sacramento Advocates at its meeting on October 29th The Committee has recommended that both contracts be cancelled due to budgetary concerns. Should the Board vote to cancel the contracts, another firm could be rehired on a project basis if needed. Director Mills stated that the District had paid the firm approximately $250K since 2005 and unfortunately has not received any grant funding due to the firms efforts. On a motion by Director Mills, seconded by Director Collett the Board voted 5-0 to terminate the Professional Services Agreement with Townsend Public Affairs. 8.2. Professional Services Agreement - Sacramento Advocates Mr Grady explained that the District could receive legislative updates from ACWA at a cost of $100 annually. The information provided in these updates is similar to the information being provided by Sacramento Advocates. Director Beverage expressed his concern regarding the cancellation of the contract with Sacramento Advocates and summarized the firms past ' successes. Further discussion of the matter followed. On a motion by Director Mills, seconded by Director Collett the Board voted 3-2, with Directors Armstrong and Beverage voting No, to terminate the Professional Services Agreement with Sacramento Advocates. 3 2009-172 Director Mills requested staff to write a letter to both firms thanking them ' for their efforts and explaining the reasons for cancelling their contracts. 9. REPORTS. INFORMATION ITEMS AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports Director Mills expressed his concern regarding the current level of Lake Oroville. 9.3. General Manager's Report Mr Grady invited Mr Conklin to provide a report to the Board regarding the status of the Hidden Hills Reservoir and Zone Reconfiguration projects. Mr. Conklin provided the Board with a copy of a letter sent to 696 residents in the Zone Reconfiguration Project area notifying them to expect their water pressure to gradually increase (up to 15 psi) beginning November 19th. Staff will be working in the area each day the pressure is scheduled to change in case any problems should arise. Mr Conklin then responded to questions from the Board. Mr Grady reported that staff had participated in the District's annual ' Benefits Fair held on October 28~' A total of 17 vendors were in attendance District staff will be participating in an emergency table top exercise in conjunction with the City or Yorba Linda, City of Placentia and the Orange County Fire Association on November 18th. The exercise will consist of an earthquake scenario and participants will be rated on their coordination efforts. Mr Grady stated that the Department of Water Resources had recently received funds from Proposition 50 and has authorized MWDOC to restart its water use efficiency project (Budget Based Rates in Orange County). Staff attended a meeting at MWDOC where this project was discussed. The District has been allocated approximately $50K in grant funding with a total cost estimate of $166K. Mr Grady further reported that two additional conservation status signs would be installed shortly. Director Beverage requested staff to look into the permitting for one of the signs being installed as it may obstruct the view of another existing sign. District customers achieved a 16% conservation rate during the month of October. ' Staff will be providing the Public Information-Technology Committee with options for redesigning the water bill. A final version will then be brought to the Board for approval. 4 2009-173 ' A retirement luncheon will be held on December 9m for Chau Lee, Accounting Assistant II, and Russ Shupe, Storekeeper. The District's annual employee recognition ceremony will be conducted at the same time. Jennifer Hill, Meter Services Rep, and Nick Hollon, Meter Reader I, joined the meeting at this time. Ms. Hill provided the Board with a summary of the meter reading department's activities and challenges during the previous year Ms. Hill then commended Mr. Hollon for his customer service skills, specifically noting one event where he assisted a customer in resolving a high water usage problem. The Board applauded Ms. Hill and Mr Hollon who then left the meeting at this time. 9.4. General Counsel's Report Mr. Kidman thanked the Board for the opportunity to participate in the recent District tour and commented on current legislative matters. 9.5. Future Agenda Items and Staff Tasks ' None. Director Mills questioned staff regarding the status of developing a budget based water rate. Mr. Grady stated that the Board would be conducting a workshop meeting on November 20th to discuss this matter. A representative from HDR will be facilitating the workshop. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate: Collett Meeting scheduled for November 17, 4:00 p.m. 10.2. Finance-Accounting Committee (Beverage/Summerfield) Alternate. Mills Minutes of the meeting held October 27 were provided in the agenda packet. Directors Beverage and Summerfield attended. Items discussed during the meeting were as follows: 1s1 Quarter FY 09/10 Financial Statements; Monthly Investment Report for July and August 2009; Monthly ' Portfolio Report for September 2009; Investment Holdings in Foreign Companies; Alternatives to District Retirement Plan; Bond Covenants Timeline; and Overtime Analysis. Meeting scheduled for November 10, 4:00 p.m. was cancelled. 5 2009-174 Meeting scheduled for December 8, 4.00 p.m. has been rescheduled to , December 7, 4:00 p.m. 10.3. Personnel-Risk Management Committee (Armstrong/Collett) Altemate: Summerfield Minutes of the meeting held November 9 were provided at the meeting. Directors Collett and Summerfield attended. Items discussed during the meeting were as follows: Recruitment Status for Finance Director and Public Information Specialist; and Status of Other Recruitments and Risk Management Activities. Meeting scheduled for December 14, 4.00 p.m. Director Summerfield will be attending in place of Director Armstrong. 10.4. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage Minutes of the meeting held November 5 were provided in the agenda packet. Directors Mills and Beverage attended. Items discussed during the meeting were as follows: Proposed Casino Ridge Project; Terms and Conditions for Sewer and Water Service with Hadi Atail and Placentia- ' Yorba Linda Unified School District; Monthly Groundwater Production and Purchased Water Report; Monthly Preventative Maintenance Program Report; Monthly Groundwater Producers Meeting Report; and Status of Capital Projects in Progress. Meeting scheduled for December 3, 4:00 p.m. Director Beverage will be attending in place of Director Armstrong. Staff then responded to questions from Director Armstrong regarding the proposed Casino Ridge project. 10.5. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong Minutes of the meeting held November 3 were provided in the agenda packet. Directors Collett and Beverage attended. Items discussed during the meeting were as follows: Water Bill Statement Redesign; Conservation Signs; Fire Hydrant Out-Of-Service Covers; Winter Newsletter Content; District's Participation in Community Events; Conservation Ordinance Monthly Statistics; and Progress of Information Technology Projects. Meeting scheduled for December 1, 4.00 p.m. ' Director Beverage suggested that staff include a photo of the declining level of Lake Oroville on the front of the next customer newsletter. 6 2009-175 10.6. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate. Summetfield Meeting scheduled for November 24, 4.00 p.m. Director Summerfield will attend in place of Director Collett. 10.7. City of Placentia Ad Hoc Committee (B eve ra g e/ V e cc h i a re I l i) Meeting to be scheduled. 10.8. Citizens Advisory Committee Minutes of the meeting held October 26 were provided in the agenda packet. Items discussed during the meeting were as follows: Introduction of Customer Service Representatives; Status of Conservation Efforts; Workshop on Budget Based Water Rates; and OCWD Groundwater Adventure Tour Meeting scheduled for November 23, 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS ' 11.1. Yorba Linda Planning Commission, October 28 (Summerfield) Director Summerfield attended and reported that an easement had been granted to the District and a historical survey of the city would soon be conducted. 11.2. Yorba Linda City Council, November 3 (Mills) Director Mills attended and commented on the number of individuals retiring from the City 11.3. MWDOC/MWD Workshop, November4 (Staff) Staff did not attend. Mr Grady stated that he would be inviting MWDOC to provide the Board with a presentation regarding MET's Integrated Resource Plan at a future meeting. 11.4. OCWD Board, November 4 (Staff) Staff did not attend. 11.5. Yorba Linda Planning Commission, November 12 (Collett) This meeting was not attended. 1 7 2009-176 12. BOARD OF DIRECTORS ACTIVITY CALENDAR ' 12.1. Meetings from November 13, 2009 thru December 31, 2009 The Board reviewed the listed meetings with no additional changes. Director Beverage stated that he would not be in attendance at the December 10th Board meeting as he would be at the CRWUA Conference that day 13. CLOSED SESSION On a motion by Director Beverage, seconded by Director Mills, the Board voted 5-0 to adjourn to Closed Session at 9.44 a.m. All Directors in attendance were present. Also present were Messrs. Grady and Kidman and Mses. Knight, Bauermeister and Park. 13.1. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Marc vs. YLWD (Orange County Superior Court - Case No. 00122904) Name of Case: Itani, et al vs. YLWD (Orange County Superior Court ' - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et al (Orange County Superior Court - Case No. 00125994) Name of Case: State Farm General Insurance Company vs. YLWD (Orange County Superior Court - Case No. 00311353) Mses. Knight and Bauermeister left the Closed Session at 10:28 a.m. following discussion of this item. Mr. Conklin then joined the Closed Session for discussion of the following item. 13.2. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property, APN 346-101-01 Agency Negotiators: Pat Grady and Steve Conklin Negotiating Parties: Designated Representatives of Orange County Water District Under Negotiation: Price and Terms of Payment ' The Board reconvened in Open Session at 10:38 a.m. President Summerfield announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 8 2009-177 ' 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:39 a.m. The Board of Directors will be meeting on November 20, 2009 at 9:00 a.m. to conduct a water rate workshop. The next regular meeting of the Board of Directors will be held November 25, 2009 at 8:30 a.m. Pat Gra y Assistant Boa Secretary 1 9