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HomeMy WebLinkAbout2011-12-22 - Board of Directors Meeting Minutes 2011-225 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING December 22, 2011 1. CALL TO ORDER The December 22, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:01 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 Director Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Ken Vecchiarelli, General Manager Gary T. Melton, Vice President Steve Conklin, Engineering Manager Michael J. Beverage Gina Knight, Human Resources Manager Ric Collett Stephen Parker, Finance Manager Robert R. Kiley Art Vega, Interim IT Manager (Arrived 10:03 a.m.) John DeCriscio, Chief Plant Operator Damon Micalizzi, PI Officer (Arrived 10:03 a.m.) Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Art Kidman, General Counsel, Kidman Behrens & Tague Eddy Beltran, Senior Associate, Kidman Behrens & Tague Andrew Gagen, Associate, Kidman Behrens & Tague Linda Bauermeister, Attorney, Barber & Bauermeister Richard Kreisler, Labor Counsel, Liebert Cassidy Whitmore 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre thanked the Board for hosting the parking for the recent Colorado River Aqueduct Inspection Trip. Director Barbre then wished those present a Merry Christmas and Happy New Year and left the meeting shortly after it was adjourned to Closed Session. 6. CLOSED SESSION The meeting was adjourned to Closed Session at 8:04 a.m. All Directors were present. Also present were Messrs. Vecchiarelli, Kidman, Beltran, Gagen and Mmes. Knight and Bauermeister. 1 2011-226 6.1. Conference with Legal Counsel - Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Itani, et al vs. YLWD (OC Superior Court - Case No. 00124906) Name of Case: Johnson, et al vs. YLWD, et 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, et al (OC Superior Court - Case No. 00332968) Name of Case: American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) 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) Name of Case: ACWAIJPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court - Case No. 00486884) Mrs. Bauermeister left the Closed Session at 8:48 a.m. and departed the meeting shortly afterwards. Messrs. Kidman, Beltran and Gagen left the Closed Session at 9:15 a.m. Mr. Gagen departed the meeting at this time. 2 2011-227 Mr. Kreisler joined the Closed Session prior to discussion of the following matter. 6.2. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Gina Knight Richard Kreisler The Board reconvened in Open Session at 10:03 a.m. President Hawkins announced that no action was taken during either Closed Session that was required to be reported under the Brown Act. Mr. Kreisler left the meeting at this time. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 5-0. 7.1. Minutes of the Board of Directors Regular Meeting Held December 8, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Workshop Meeting Held December 12, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,476,984.28. 7.4. Progress Payment No. 1 for Construction of the Well No. 20 Well Head Equipping Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $41,040.00 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 3 2011-228 7.5. Progress Payment No. 3 for Construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Recommendation: That the Board of Directors approve Progress Payment No. 3 in the net amount of $85,125.60, to Kana Pipeline, Inc. for construction of the Plumosa Drive Pipeline Project, Job No. 201012. 7.6. Change Order No. 1 for the 2010 Waterline Replacement Project Phase 1 - Plumosa Drive Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of $100,112.50 and 41 additional calendar days to Kana Pipeline, Inc. for construction of the 2010 Waterline Replacement Project Phase 1 - Plumosa Drive, Job No. 201012. 7.7. Construction Contract for Green Crest Lift Station Repairs Recommendation: That the Board of Directors authorize the President and Secretary to execute a maintenance services agreement with Pascal & Ludwig Constructions, Inc. for repairs to the Green Crest Lift Station in the amount of $90,580, subject to the approval as to form by General Counsel. 7.8. Purchase of a Sewer Jetter/Vacuum Truck Recommendation: That the Board of Directors authorize the General Manager to issue a purchase order to Haaker Equipment Company, in the amount of $361,884.84, for acquisition of a Sewer Jetter/Vacuum Truck. 7.9. Sewer Line Repairs Recommendation: That the Board of Directors authorize transfers not to exceed $90,000, from Sewer Capital Reserves to Sewer Operating Account No. 5030-0730-59, as needed, to fund additional sewer main line and manhole repairs in the current fiscal year. 4 2011-229 8. ACTION CALENDAR 8.1. Resolution of Intention to Amend Contract with CalPERS to provide Section 20475 (Different Levels of Benefits) Mrs. Knight explained that during recent the Meet and Confer process, the District proposed implementing different levels of benefits for new hires including the 2% at 60 benefit and requiring new hires to pick up the 7% employee contribution to CalPERS. This change was included in the Memorandum of Understanding and Letters of Compensation which were approved at the last Board meeting. To begin this process, the Board will need to adopt a resolution providing notice of the District's intent to amend its contract with CalPERS. Director Kiley made a motion, seconded by Director Collett, to adopt Resolution No. 11-23, Resolution of Intention to Amend Contract with Ca1PERS, to provide Section 20475 (Different Levels of Benefits) implementing a Second tier level under Section 21353 (2% 0 60 Full formula), applicable to new hires after the contract amendment is executed. Mr. Vecchiarelli explained that this would be a two stage process and the final resolution would be presented to the Board for consideration in. January. Motion carried 5-0 on a roll call vote. 8.2. Adopting a Public Investment Policy Mr. Parker explained that staff was proposing to make a couple of minor changes to the District's current investment policy. The proposed changes would insure consistency between the adopted policy and the District's practices. Director Beverage made a motion, seconded by Director Melton, to adopt Resolution No. 11-24, Setting Forth Public Funds Investment Policy and rescinding Resolution No. 11-08. Motion carried 5-0 on a roll call vote. 8.3. Mitigated Negative Declaration for Yorba Linda Blvd Pump Station and Pipeline Project Mr. Conklin reported that excellent progress had been made on this project over the last year. The Yorba Linda City Council recently approved necessary easements at the Gun Club Road site. Mr. Conklin further reported that he had provided a presentation to the Yorba Linda Traffic Commission regarding related construction on Yorba Linda Boulevard which went very well. Fallowing approval of the Mitigated Negative Declaration, staff will be able to move forward with construction of the project. 5 2011-230 Director Beverage made a motion, seconded by Director Collett, to adopt Resolution No. 11-25, (1) Adopting a Final Mitigated Negative Declaration and Initial Study for the Yorba Linda Boulevard Booster Pump Station and Pipeline Project, (2) Adopting Findings and a Mitigation Monitoring and Reporting Program, and (3) Approving the Project. By Adoption of this Resolution, the Board also directed staff to proceed with the implementation of the Project, and to file a Notice of Determination. Motion carried 5-0 on a roll call vote. 8.4. Approval of a Professional Services Agreement with Aspen Risk Management Group Mrs. Knight explained that staff had budgeted funds in the current fiscal year to retain a professional safety consultant. Staff sent out a request for proposal to six vendors of which three qualified candidates responded. Mr. Peter Kuchinsky, ACWA/JPIA's Risk Manager, assisted staff with the respondent interviews. Following the review process, Aspen Risk Management Group was selected as the final candidate. Director Beverage made a motion, seconded by Director Kiley, to authorize the General Manager to execute a Professional Services Agreement with Aspen Risk Management Group to provide safety-related consulting services to the District. Motion carried 5-0. 8.5. Approval of Legal Services Agreement with Liebert Cassidy Whitmore a Labor Relations Law Firm Mrs. Knight explained that the District currently uses the law firm of Liebert Cassidy Whitmore for representation in employment related matters. Staff has received notice that the firm will be raising their rates effective January 2012. Director Melton made a motion, seconded by Director Kiley, to authorize the General Manager to execute a Legal Services Agreement with Liebert Cassidy Whitmore with the proposed rate increases. Motion carried 5-0. 8.6. Reject and Refer Claim to ACWA/Joint Powers Insurance Authority Mrs. Knight explained that the District had received a claim from Mr. Aaaron Goodall alleging that his home was coated by dust and debris when the District's contractor was performing road construction nearby. Director Kiley made a motion, seconded by Director Collett, to reject the claim filed by Mr. Goodall and refer it to ACWA/Joint Powers Insurance Authority. Motion carried 5-0. 6 2011-231 8.7. Emergency Purchase Order and Transfer of Funds Mr. Conklin explained that an 8-inch water main had ruptured on Beech Avenue on December 12, 2011 causing significant damage to the street. Staff quickly solicited bids from three contractors for related restoration work of which two responded. The General Manager approved a purchase order to Sanders Paving, Inc., which needs to be ratified by the Board. Director Collett made a motion, seconded by Director Melton, to ratify the issuance of $42,175 Purchase Order to Sanders Paving, Inc. In addition, that the Board authorize the transfer of $50,000 from Reserves to Account No. 1-5020-0730-66 to cover the cost of this emergency repair work. Motion carried 5-0. 8.8. Purchasing Card Recommendation Mr. Parker explained that staff was recommending participation in a purchasing card program which would provide the District with a new, albeit minor, revenue stream. Director Collett made a motion, seconded by Director Kiley, to authorize the General Manager to sign the Addendum to State of California Purchase Card Program Master Services Agreement with the State of California and US Bank, and allow staff to proceed with implementing a Purchasing Card Program at the District. Motion carried 5-0. 8.9. Board of Directors Committee Assignments President Hawkins suggested the following committee and intergovernmental meeting assignments: Executive-Administrative-Organizational Committee Director Hawkins, Chair Director Melton Finance-Accounting Committee Director Kiley, Chair Director Hawkins Personnel-Risk Management Committee Director Beverage, Chair Director Collett Planning-Engineering-Operations Committee Director Collett, Chair Director Kiley Public Affairs-Communications-Technology Committee Director Melton, Chair Director Beverage 7 2011-232 YLWD/MWDOC/OCWD Joint Agency Committee Director Hawkins Director Beverage Citizens Advisory Committee Director Beverage Yorba Linda City Council Director Hawkins / Director Melton Yorba Linda Planning Commission Director Kiley 1 Director Collett ACWA/JPIA ISDOC Director Hawkins Director Collett LAFCO MWDOC Director Beverage Director Melton OCWD WACO Director Kiley Director Hawkins Director Beverage made a motion, seconded by Director Collett, to approve the committee and intergovernmental meeting assignments as listed above for the upcoming calendar year. Motion carried 5-0. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report President Hawkins thanked Director Beverage for his service as President during the previous calendar year and presented him with proclamations from Congressman Gary Miller, Senator Bob Huff, and Assemblyman Curt Hagman recognizing his efforts. President Hawkins thanked the Board and staff for their work and wished those in attendance a good holiday season. 9.2. Directors' Reports • CRWUA Conference - December 14-16, 2011 {Beverage/Melton} President Hawkins announced that this report would be deferred to the next Board meeting. Directors Beverage, Collett, Kiley and Melton wished those in attendance a Merry Christmas. 8 2011-233 9.3. General Manager's Report Mr. Vecchiarelli expressed his appreciation to the Board for their support and leadership. All Hands Meeting - December 15, 2011 Mr. Vecchiarelli reported that staff had participated in an All Hands Meeting during which highlights of the previous year and goals for the upcoming year were discussed. The new 4110 schedule will begin the first week of January and the office will be open from 7:00 a.m. to 6:00 p.m. Monday through Thursday. ■ Highland Reservoir Access Road Closure Mr. Vecchiarelli reported that residents near the Highland Reservoir were recently notified of the planned road closure. Staff has been working with two residents regarding their concerns related to access to their respective properties. Mr. Conklin provided a brief presentation to the Board regarding the need for the road closure and mitigation measures being put into place to accommodate the two affected residents. 9.4. General Counsel's Report Mr. Kidman wished everyone in attendance happy holidays. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held December 20, 2011 at 4:00 p.m. will be provided at the next Board meeting. Meeting scheduled January 17, 2012 at 4:00 p.m. (This meeting was subsequently rescheduled to January 11, 2012 at 4:00 p.m.) 10.2. Finance-Accounting Committee (Kiley/Hawkins) Meeting scheduled December 27, 2011 at 4:00 p.m. 9 2011-234 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held December 13, 2011 at 4:00 p.m. were provided in the agenda packet. Meeting scheduled January 10, 2012 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held December 13, 2011 at 11:00 a.m. were provided in the agenda packet. Meeting scheduled January 5, 2012 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held December 7, 2011 at 4:00 p.m. were provided in the agenda packet. Meeting scheduled January 9, 2012 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Meeting scheduled January 24, 2012 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) Meeting scheduled January 23, 2012 at 8:30 a.m. 11, INTERGOVERNMENTAL MEETINGS 11.1. WACO - December 9, 2011 (Hawkins) Director Hawkins attended and commented on a presentation provided by the Orange County Treasurer. 11.2. YL Planning Commission -December 14, 2011 (Kiley) Director Kiley attended but did not have any District related business to report. 11.3. YL City Council - December 20, 2011 (Melton) Director Melton attended and noted that the Orange County Grand Jury was seeking applications for new jurors. 10 2011-235 11.4. MWDOC Board - December 21, 2011 (Melton/Staff) Director Melton attended but did not have any District related business to report. 11.5. OCWD Board -December 21, 2011 (Kiley/Staff) Director Kiley attended and commented on groundwater outflow from Orange County to Los Angeles County which was discussed during the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from December 23, 2011 - January 31, 2012 The Board reviewed the listed meetings and made no changes. 13. CONFERENCES SEMINARS AND SPECIAL EVENTS 13.1. ACWA Washington DC Conference - February 28-March 1, 2012 None of the Directors expressed an interest in attending this conference. 14. CLOSED SESSION CONTINUED President Hawkins announced that Item No. 14.1. would be deferred to another Board meeting in January. 14.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 15. ADJOURNMENT 15.1. On a motion by Director Beverage, seconded by Director Collett, the meeting was adjourned at 11:00 a.m. The next regular meeting of the Board of Directors will be held January 12, 2012 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 11