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HomeMy WebLinkAbout2011-07-28 - Board of Directors Meeting Minutes 2011-132 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 28, 2011 1. CALL TO ORDER The July 28, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8:32 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Ken Vecchiarelli, General Manager Phil Hawkins, Vice President Lee Cory, Operations Manager Robert R. Kiley Steve Conklin, Engineering Manager Gary T. Melton Gina Knight, Human Resources Mgr ' Stephen Parker, Finance Manager Art Vega, Interim IT Manager Damon Micalizzi, Public Info Officer Cindy Botts, Management Analyst John DeCriscio, Chief Plant Operator Annie Alexander, Executive Secretary DIRECTORS ABSENT Ric Collett ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Mayor, City of Yorba Linda Jeremy B. Yamaguchi, Mayor Pro-Tem, City of Placentia Art Kidman, General Counsel, Kidman, Behrens & Tague Richard Kreisler, Labor Counsel, Liebert Cassidy Whitmore (Attended Closed Session Only) Lance Natsuhara, Program Manager, Orange County Flood Control District Behrouz Tehrani, Senior Construction Manager, MWH Constructors Michelle Tuchman, Principal, Tuchman Communications Steven Agor, Divisional Vice President, Tetra Tech Carl Boznanski, Chair, Citizens Advisory Committee ' 4. ADDITIONS/DELETIONS TO THE AGENDA None. 1 2011-133 5. PUBLIC COMMENTS ' None. 6. SPECIAL RECOGNITION 6.1. Recognize John DeCriscio, Chief Plant Operator, for Completion of the ACWA/JPIA Supervisor Basics Certification Program Mr. Cory introduced Mr. DeCrisio and provided the Board with an overview of his work with the District. President Beverage presented Mr. DeCriscio with a plaque commemorating his completion of the Supervisor Basics Certification as part of the ACWA/JPIA Professional Development Program. Mr. Vecchiarelli provided a summary of the course requirements for the certification. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held July 25, 2011 were provided at the meeting. Director Beverage attended. Mr. Boznanski provided a report to the Board regarding matters discussed during the meeting including: Hard Water ' Causes and Effects; Schedule for Reorganization of Committee Officers; Frequency of Meetings; and the Elk Mountain Reservoir Practice Field Project. President Beverage reported that the Committee would be discussing the 2011/13 Strategic Plan and FY 2011/12 Budget at a future meeting. Mr. Vecchiarelli stated that Mr. Micalizzi would be compiling talking points for the Committee's use. Meeting scheduled August 22, 2011 at 8:30 a.m. 8. PRESENTATIONS 8.1. SARI Relocation Project and Yorba Linda Spur Mr. Conklin introduced Mr. Natsuhara who then provided a PowerPoint presentation regarding the Santa Ana River Interceptor (SARI) line relocation project. This included an overview of the project's history and the purpose of the planned improvements and line relocation. Mr. Natsuhara then responded to questions from the Board regarding erosion mitigation measures, District responsibility and access for the new line, and the size of the odor control facility. Mr. Natsuhara stated that there were only 4 individuals in attendance at the informational meeting held July 20, 2011 and that these persons were mostly concerned about traffic related issues. Mr. Natsuhara then introduced Mr. Tehrani, Ms. Tuchman, and Mr. Agor, all of ' whom will be assisting with the project. 2 2011-134 ' 9. CLOSED SESSION The Board adjourned to Closed Session at 9:11 a.m. All Directors were present with the exception of Director Collett. Also present were Messrs. Vecchiarelli and Kreisler and Mrs. Knight. 9.1. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association Mr. Vecchiarelli left the Closed Session following discussion of Item No. 9.1. 9.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 10:26 a.m. President Beverage announced that no action was taken during either Closed Session that was required to be reported under the Brown Act. 10. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-1 with Director Collett absent. 10.1. Minutes of the Board of Directors Regular Meeting Held July 14, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 10.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $840,929.32. 10.3. Progress Payment No. 6 for Construction of the Highland Booster Pump Station Project ' Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $81,067.50 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 3 2011-135 10.4. Final Progress Payment No. 4 and NOC for Construction of the Emergency ' Pumpout Facilities and Anaheim Interconnection Project Recommendation: That the Board of Directors approve Final Progress Payment No. 4 in the net amount of $3,960.00 to GCI Construction, Inc.; authorize staff to rile the Notice of Completion and release the retention thirty five days following recordation if no leins have been filed, release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the Emergency Pumpout Facilities and Anaheim Interconnection Project, Job Nos. 200903 & 200906. 11. ACTION CALENDAR 11.1. MWDOC Turf Removal Rebate Program Mr. Vecchiarelli provided an overview of the rebate program and stated that while $25,000 had been identified in the FY 2011112 budget for participation, staff anticipated only using $15,000. Director Melton asked for clarification as to whether or not synthetic turf could be used as a replacement material. Mr. Vecchiarelli confirmed that synthetic turf was not an approved replacement material as MWD had previously offered a rebate program specifically for the installation of synthetic turf in the past. President ' Beverage stated that even though he was disappointed that customers could not receive a rebate for installing synthetic turf, he would still vote in favor of participation in this program. Director Hawkins made a motion, seconded by Director Beverage, to approve the execution of an Agreement for Participation in Municipal Water District of Orange County's Tun` Removal Program, and matching funds up to $15,000. Director Melton stated that he felt as the intent of the program was to encourage water conservation, that the installation of synthetic turf should be included. Director Kiley agreed. Mr. Vecchiarelli stated that concrete and hardscape were not approved materials either as the replacement must be permeable. No vote was taken and this matter was tabled. 1 4 2011-136 ' 11.2. Initiating LAFCO Proceedings for Locke Ranch Annexation Mr. Conklin stated that staff was moving forward with preparations for the annexation of the Locke Ranch area. Mr. Vecchiarelli then responded to questions from the Board regarding the impact on the Golden State Water Company, current groundwater supplies, and related public outreach efforts. Director Melton made a motion, seconded by Director Kiley, to approve Resolution No. 11-16, initiating proceedings for annexation of approximately 441 acres to the Yorba Linda Water District, and find that the environmental impacts of the existing residential and commercial development have been adequately addressed. Motion carried 3-1-1 by roll call vote with Director Hawkins voting No and Director Collett absent. 11.3. Sewer Maintenance Charges Collected on the Fiscal Year 2011/12 Tax Roll Mr. Parker briefly explained the purpose for two separate resolutions for collection of the sewer maintenance charges. President Beverage asked if this matter had been reviewed by the Finance-Accounting Committee. Mr. Parker responded that the Committee had reviewed a draft resolution which was subsequently separated into two per the advice of legal counsel. Director Kiley made a motion, seconded by Director Hawkins, to approve Resolution No. 11-17 adopting the sewer maintenance charge for sewers ' transferred from the City of Yorba Linda. Motion carried 4-0-1 by roll call vote with Director Collett absent. Director Hawkins made a motion, seconded by Director Melton, to approve Resolution No. 11-18 electing to have certain sewer maintenance charges collected on the Fiscal Year 2011112 Tax Roll. Motion carried 4-0-1 by roll call vote with Director Collett absent. 12. REPORTS. INFORMATION ITEMS AND COMMENTS 12.1. President's Report President Beverage commented on a recent issue of the ACWA newsletter and a letter he received from Peter Kuchinsky, Senior Risk Management Consultant for ACWA/JPIA, regarding an underground utility line locator training held at the District's offices. President Beverage then commended Mrs. Knight for her work related to staff training. President Beverage further reported that he had received a copy of a letter from a customer commending Lynn Nuzman, Senior Maintenance Distribution Operator, for his service. 12.2. Directors' Reports ' MWDOC Water Policy Forum & Dinner-July 21, 2011 (Kiley/Melton) Directors Kiley and Melton both attended this event. Director Melton commented on a presentation regarding the Bay-Delta Conservation Plan which was provided at the event. 5 2011-137 ■ Elk Mountain Practice Field Community Outreach Meeting - July 21, ' 2011 (Beverage/Hawkins) Director Beverage reported on his attendance at this event and stated that most of the attendees were concerned about property values, traffic and parking issues. Area residents have been invited to the Board workshop meeting on August 4, 2011 to further discuss this project. 12.3. General Manager's Report Mr. Vecchiarelli reported that staff would be participating in the District's second annual Horseshoes, Hot Taps and Hotrods event on August 11, 2011 at 11:30 a.m. The Board was invited to attend. Mr. Vecchiarelli further reported that two tentative dates had been set up for a tour of the Brea Police Department (August 17, 2011 at 10:30 a.m. and August 29, 2011 at 9:00 a.m.). Staff will contact the Board to schedule one of these two dates. MWDOC has also offered to provide a brief orientation to the District's new Board members. Staff will coordinate arrangements for this presentation as well. 12.4. General Counsel's Report None. 12.5. Future Agenda Items and Staff Tasks ' None. 13. COMMITTEE REPORTS CONTINUED 13.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of the meeting held July 19, 2011 were provided in the agenda packet. Directors Beverage and Hawkins attended. Matters discussed during the meeting included: Status of Negotiations with OCTA for Lakeview Grade Separation Project; Board Tablet PC Reimbursement Policy; District Contracts; Status of Committee Specific Strategic Plan Initiatives; Third Report on Legislative Bills; General Counsel's Monthly Summary Report; and Consultant/Lobbyist Services. Meeting scheduled August 15, 2011 at 12:00 p.m. 13.2. Finance-Accounting Committee (Collett/Kiley) Meeting scheduled August 8, 2011 at 4:00 p.m. ' 6 2011-138 ' 13.3. Personnel-Risk Management Committee (Kiley/Beverage) Meeting scheduled August 9, 2011 at 4:00 p.m. 13.4. Planning-Engineering-Operations Committee (Melton/Collett) Meeting scheduled August 2, 2011 at 4:00 p.m. 13.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Meeting scheduled August 1, 2011 at 12:00 p.m. 13.6. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Hawkins) Minutes of the meeting held July 26, 2011 were provided at the meeting. Director Beverage attended. Matters discussed during the meeting included: Availability of Replenishment Water; Overall Status of Water Supply; Groundwater Replenishment System Expansion; Proposed Consolidation of ' MWDOC and OCWD; and Annexation of YLWD to OCWD. Meeting scheduled September 27, 2011 at 4:00 p.m. Item No. 14.3. was taken out of order. 14.3. OCWD Board -July 20, 2011 (Kiley/Staff) Director Kiley attended and reported that the Ad Hoc Committee formed to consider the consolidation of OCWD and MWDOC had been disbanded. Discussions regarding this matter will continue between the two agencies. Director Barbra stated that a proposal regarding the consolidation was being prepared for the MWDOC Board of Directors. 14. INTERGOVERNMENTAL MEETINGS 14.1. YL City Council - July 19, 2011 (Melton) Director Melton attended and commented on the Lakeview overpass construction project which was discussed during the meeting. In addition, the City Council voted to table the District's request to form a joint agency committee. 14.2. MWDOC Board - July 20, 2011 (Melton/Staff) Director Melton attended and commented on MWDOC's strategic plan which was discussed during the meeting. 7 2011-139 14.4. YL Planning Commission - July 27, 2011 (Collett) , Director Collett will report on his attendance at this meeting at the next regular Board meeting. 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1. Meetings from July 29, 2011 - August 31, 2011 The Board reviewed the listed meetings and made no changes. A brief recess was declared at 11:37 a.m. All attendees not participating in the Closed Session left the meeting at this time. The meeting reconvened at 11:42 a.m. 16. CLOSED SESSION CONTINUED The meeting was adjourned to Closed Session at 11:43 a.m. All Directors with the exception of Director Collett were present. Also present were and Messrs. Vecchiarelli and Kidman and Mrs. Knight. 16.1. 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, at 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) 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, at al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD , (OC Superior Court - Case No. 00348304) 8 I 2011-140 ' Name of Case: Buc vs. YLWD (OC Superior Court - Case No. 00409755) Name of Case: Interinsurance Exchange of the Automobile Club vs. YLWD (OC Superior Court - Case No. 00425404) The Board reconvened in Open Session at 12:19 p.m. President Beverage announced that Director Kiley made a motion, seconded by Director Melton, authorizing the Board President to execute a Settlement Agreement and Release for the settlement of the Interinsurance Exchange of the Automobile Club litigation in the amount of $215,698.20. Motion carried 4-0-1 with Director Collett absent. No other action was taken during Closed Session that was required to be reported under the Brown Act. 17. ADJOURNMENT 17.1. The meeting was adjourned at 12:20 p.m. A Board of Directors workshop meeting is scheduled for August 4, 2011 at 6:30 p.m. to discuss the Elk Mountain Reservoir Practice Field Project. The next regular meeting of the Board of Directors will be held August 11, 2011 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 9