Loading...
HomeMy WebLinkAbout2006-09-28 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 28, 2006 2006-143 The September 28, 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 Michael J. Beverage Ric Collett William R. Mills John W. Summerfield STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, General Counsel Kenneth R. Vecchiarelli, Asst. G.M. Lee Cory, Operations Manager Diane Cyganik, Finance Director Leon De Los Reyes, Water Quality Eng. John DeCriscio, Chief Plant Operator John Lent, Plant Operator II. Linda Bauermeister, Legal Counsel DIRECTORS ABSENT AT ROLL CALL None INTRODUCTION OF VISITORS AND PUBLIC COMMENTS None SPECIAL RECOGNITION Assistant General Manager Vecchiarelli introduced Leon de los Reyes, Water Quality Engineer, who was congratulated on achieving the Grade 4 Water Distribution Certification. Chief Plant Operator John De Criscio introduced John Lent, newly hired Plant Operator II. The Board of Directors congratulated Leon and welcomed John Lent to the District. Leon De Los Reyes, John DeCriscio and John Lent left the meeting. CONSENT CALENDAR (Items 1 through 4) On a motion by Director Beverage, seconded by Vice President Collett, with Vice President Collette abstaining on check number 45225 listed in item no. 2, the Board of Directors voted 5-0 to approve the Consent Calendar. Minutes of the Regular Board of Directors meeting held September 14, 2006. Recommendation: Approve the minutes as presented. 2006-144 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,573,090.01. 3. Cast Iron Replacement and Sewer Improvement Projects. Recommendation: That the Board of Directors Approve Progress Payment No. 1 in the net amount of $435,247.91 to Vido Artukovich and Son Inc./Vidmar Inc., a Joint Venture for construction of the combined Cast Iron Replacement and Sewer Improvement Projects, Job Nos. 200407, 200515, 200516, 200603 and 200604. 4. Valve Replacement at Richfield Road and Mira Loma Avenue. Recommendation: Authorize the General Manager to execute a Maintenance Services Agreement with Valverde Construction, Inc., subject to approval as to form by General Counsel, to remove and replace a broken 16-inch butterfly valve located at Richfield Road and Mira Loma Avenue, Job No. 200624. The Board of Directors adjourned to Closed Session at 8:43 a.m. All Directors were present. Also present were General Manager Payne, General Counsel Kidman and Counsel Linda Bauermeister. ADJOURN TO CLOSED SESSION 5. Conference with Legal Counsel regarding pending litigation to which the District is a party. (Justification for Closed Session is Government Code Section 54956.9(b)) (one case) 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)) Barbara J. Taylor, William D. Taylor, Dolores R. Miller and Corinne W. Taylor vs. City of Yorba Linda and Yorba Linda Water District. 7. 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)) John Taylor v. City of Yorba Linda and Yorba Linda Water District, Superior Court Case No. 060007457. 8. 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)) Jong Wen Wu v. Yorba Linda Water District, et al. 9. 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)) Mason Pari v. Yorba Linda Water District, et al. -2- 2006-145 RECONVENE IN OPEN SESSION The Board of Directors came out of Closed Session at 9:10 a.m. Linda Bauermeister left the meeting. The Board of Directors reconvened in open session at 9:11 a.m. Ken Vecchiarelli, Lee Cory and Diane Cyganik rejoined the meeting. CLOSED SESSION REPORT President Armstrong stated that at the request of staff, the Board of Directors unanimously agreed to remove item no. 5 prior to any discussion. ACTION CALENDAR 10. Consider amending the number of Authorized Positions for the balance of Fiscal Year 2006/2007. General Manager Payne reported that staff had prepared a Resolution which revises the total number of Authorized Positions and amends the classification title changes discussed during meet and confer sessions. On a motion by Director Mills seconded by Director Beverage, the Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 06-06; Resolution of the Board of Directors of the Yorba Linda Water District Adopting the Number of Authorized Positions for the period September 28, 2006 through June 30, 2007. 11. Consider the Terms of a Memorandum of Understanding and Pay Plan with the Yorba Linda Water District Employees Association. General Manager Payne reported that the attached Memorandum of Understanding included all of the terms discussed with the Board of Directors during the meet and confer process. On a motion by Director Beverage, seconded by Vice President Collett, the Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 06-07; Resolution of the Board of Directors of the Yorba Linda Water District Adopting the Memorandum of Understanding and Pay Plan between the District and the Yorba Linda Water District Employees Association. 12. Consider the Terms of the Employee Compensation Letter and Pay Plan for Supervisory and Confidential employees. General Manager Payne reported that the attached Employee Compensation Letter and Pay Plan for Supervisory and Confidential employees were in accordance with the terms discussed with the Board of Directors during the meet and confer process. On a motion by Director Beverage, seconded by Vice President Collett, the Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 06-08; Resolution of the Board of Directors of the Yorba Linda Water District Adopting the Employee Compensation Letter and Pay Plan for Supervisory and Confidential employees. -3- 2006-146 13. Consider the Terms of the Employee Compensation Letter and Pay Plan for Management employees. General Manager Payne reported that the attached Employee Compensation Letter and Pay Plan for management employees was in accordance with the terms discussed with the Board of Directors during the meet and confer process. On a motion by Director Beverage, seconded by Vice President Summerfield, the Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 06-09 Resolution of the Board of Directors of the Yorba Linda Water District Adopting the Employee Compensation Letter and Pay Plan for management employees. 14. Value Engineering Services for Highland Reservoir Replacement Project. Assistant General Manager Vecchiarelli reported that staff requested and received proposals for Value Engineering Services for the Highland Reservoir Replacement Project. The Planning-Engineering-Committee reviewed this issue at their September 7, committee meeting and recommended the Board approve staff's recommendation. On a motion by Director Mills seconded by Vice President Collett, the Board of Directors voted 5-0 to authorize the General Manager to execute a Professional Services Agreement with Tetra Tech, subject to approval as to form by General Counsel, for a fee not to exceed $66,365, to provide value engineering services for the Highland Reservoir Replacement Project and approve a contract amendment with Carollo Engineers for a fee not to exceed $18,600 to provide additional services to support this effort. 15. Lakeview Reservoir and Booster Pump Station Drainage Structures. Assistant General Manager Vecchiarelli reported that staff received proposals for construction of drainage structures for the future reservoir and booster station project. The reason for separating this from the reservoir contract was due to timing issues related to the Hover development south of the District's property. The Planning-Engineering-Committee reviewed this issue at their September 7, committee meeting and recommended the Board approve staff's recommendation. On a motion by Vice President Collett, seconded by Director Mills, the Board of Directors voted 5-0 to authorize the General Manager to execute a Maintenance Service Agreement with Paulus Engineering, Inc., subject to approval as to form by General Counsel for the Lakeview Reservoir and Booster Pump Station catch basin structures and connecting storm drain pipelines adjacent to the retaining walls proposed for construction by Hover development. Director Beverage announced he had a financial conflict with items 16 & 17. Director Beverage then recused himself and left the room prior to any discussion. -4- 2006-147 16. Facilities Finance, Design and Construction Agreement with Shapell Industries, Inc. for the Kellogg Sewer Upgrades Assistant General Manager Vecchiarelli reported that staff and general Counsel had prepared the FFDCA agreement with Shapell Industries, Inc. for the Kellogg Sewer Upgrades. Mr. Vecchiarelli highlighted the key issues of the agreement. The Planning-Engineering-Committee reviewed this issue at their September 7, committee meeting and recommends the Board approve staff's recommendation. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 4-0 to authorize the President and Secretary to execute the Facilities Finance, Design and Construction Agreement with Shapell Industries, Inc. for the Kellogg Sewer Upgrades, Job No. 200516 supporting sewer service to Tentative Tract No. 16208. 17. Negative Declaration and Facilities Finance, Design and Construction Agreement with Shapell Industries, Inc. for the Bastanchury Road Water Transmission Pipelines. Assistant General Manager Vecchiarelli reported that staff and general Counsel had prepared the FFDCA agreement with Shapell Industries, Inc. for the Bastanchury Road Water Transmission Pipelines. Mr. Vecchiarelli highlighted the key issues of the agreement. The Planning-Engineering-Committee reviewed this issue at their September 7, committee meeting and recommends the Board approve staff's recommendation. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 4-0 to adopt the Negative Declaration and authorize staff to file the Notice of Determination and De Minimus Impact Finding and authorize the President and Secretary to execute the Facilities Finance, Design and Construction Agreement with Shapell Industries, Inc. for the Bastanchury Road Water Transmission Pipelines through Tentative Tract No. 16208, Job No. 200421. Michael Payne, General Manager reported this was the final agreement to complete the final pipeline section in Lakeview Avenue and Bastanchury that will allow the District to move more groundwater into the eastern portions of the District and also provide the District with greater redundancy of receiving import water should the Allen-McCulloch pipeline or OC-51 be taken out of service. Mr. Payne thanked General Counsel Kidman and Assistant General Manager for their hard work on bringing this final agreement to fruition. Director Beverage entered the Board meeting. -5- DISCUSSION ITEMS 18. None. 2006-148 REPORTS, INFORMATION ITEMS AND COMMENTS 19. a. President's Report President Armstrong reported that he received a tax bill with language on the front of envelope with a message to the tenants. The envelope was given to General Counsel to review in conjunction with Proposition 218. b. Directors Reports Director Mills announced a great opportunity for a member of the management team to apply for a Water Leaders Class sponsored by the Water Education Foundation. c. General Manager's Report 1) General Manager Payne thanked Assistant General Manager Vecchiarelli for doing a nice job filling in while he was on vacation. 2) Reported that LAFCO has a meeting on October 11, 2006 to discuss the OCWD Municipal Services Review. Staff will attend. 3) That a couple of District's properties were graffiti and that staff was working with the City of Yorba Linda and Brea police to address the issue. d. General Counsel's Report No report. COMMITTEE REPORTS 20. a. Executive-Administrative-Organizational Committee (Armstrong /Collett) Alternate: Beverage 1) Minutes of meeting held September 19. The Committee discussed: AB 2951 (Goldberg), SB 1317 (Torlakson), Amending the policy of reimbursement of expenses incurred by Directors and Director ethics training, and amending the policy of reimbursement of expenses incurred by Staff personnel and Staff ethics training. There was a report on legislative activities by Barry Brokaw, who participated by phone. The Committee discussed a report submitted by Townsend Public Affairs. Annexation to Orange County Water District and LAFCO's upcoming hearing for OCWD Municipal Service Review were discussed. Possible agenda items for City of Yorba Linda and City of Placentia Ad Hoc committee meetings were discussed. 2) Meeting scheduled for October 17, 4:00 p.m. b. Finance-Accounting Committee (Collett/Mills) Alternate: Summerfield 1) Meeting scheduled for October 11, 4:00 p.m. -6- 2006-149 c. Personnel-Risk Management Committee (Beverage/Summerfield) Alternate: Collett 1) An oral report of the meeting held September 12 was presented at the Board of Directors meeting on September 14. The minutes of the meeting were included in the Agenda on September 28. 2) Meeting scheduled for October 10, 4:00 p.m. d. Planning-Engineering-Operations Committee (Summerfield/Mills) Alternate: Armstrong 1) An oral report of the meeting held September 7 was presented at the Board of Directors meeting on September 14. The minutes of the meeting were included in the Agenda on September 28. 2) Meeting scheduled October 5, 4:00 p.m. e. Public Information Committee (Mills/Collett) Alternate: Summerfield 1) Meeting scheduled for October 2, 4:00 p.m. 2) Meeting scheduled for November 6, 4:00 p.m. was changed to October 31, 8:30 a.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Alternate: Collett 1) Meeting scheduled for October 23, 4:00 p.m. was changed to October 30, 4:00 p.m. g. MWDOC Ad Hoc Committee (Armstrong/Beverage) Alternate: Mills 1) Meeting scheduled for October 24, 4:00 p.m. was changed to October 31, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 21. a. Yorba Linda City Council, September 19 Director Summerfield attended and reported that there was nothing of concern involving the District. b. MWDOC Board, September 20 General Manager reported he was on vacation on this date. -7- 2006-150 c. OCWD Board, September 20 General Manager reported he was on vacation on this date. d. Yorba Linda Planning Commission, September 27 (Mills) Director Mills reviewed the agenda and noticed that it was all second story applications so he did not attend. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after September 28, 2006. Agenda is available in the District office prior to meeting. October Public Information Committee, October 2, 4:00 .m. Mills/Collett Yorba Linda City Council, October 3, 6:30 p.m. Collett/ Alt. Summerfield MWDOC/MWD Joint Workshop, October 4, 8:30 a.m. Staff OCWD Board, October 4, 5:00 .m. Staff WACO, October 6, 7:30 a.m. Mills Planning-Engineering-Operations Committee, October 5, 4:00 .m. Summerfield/Mills Finance-Accounting Committee, October 9, 4:00 .m. Collett/Mills Personnel-Risk Management Committee, October 10, 4:00 .m. Bevera a/Summerfield Yorba Linda Planning Commission, October 11, 6:30 p.m. Mills//A/t. Summerfield Board of Directors Meeting, October 12, 9:30 a.m. Executive-Admin-Or anizationai Committee, Oct 17, 4:00 .m. Armstrong/Collett Yorba Linda City Council, October 17, 6:30 .m. Summerfield MWDOC Board, October 18, 8:30 a.m. Staff OCWD Board, October 18, 5:00 p.m. Staff Yorba Linda Planning Commission, October 25, 6:30 .m. Mills/ Alt. Summerfield Building Ad Hoc Committee, October 30, 4:00 p.m. Bevera a/Summerfield Public Information Committee, October 31, 8:30 a.m. Mills/Collett MWDOC Ad Hoc, October 31, 4:00 .m. Mills/ Alt. Summerfield November MWDOC/MWD Joint Workshop, November 1, 8:30 a.m. Staff OCWD Board, November 1, 5:00 p.m. Staff Planning-Engineering-Operations Committee, Nov 2, 4:00 .m. Summerfield/Mills WACO, November 3, 7:30 a.m. Mills Yorba Linda City Council, November 7, 6:30 .m. Collett/ Alt. Summerfield Yorba Linda Planning Commission, Nov 8, 6:30 .m. Mills//Alt. Summerfield Finance-Accounting Committee, November 13, 4:00 .m. Collett/Mills Personnel-Risk Management Committee, Nov 14, 4:00 p.m. Bevera a/Summerfield MWDOC Board, November 15, 8:30 a.m. Staff OCWD Board, November 15, 5:00 .m. Staff Building Ad Hoc Committee, November 16,4:00 .m. Bevera a/Summerfield Executive-Admin-Or anizationai Committee, Nov 20, 4:00 .m. Armstrong/Collett Board of Directors Meeting, November 21, 8:30 a.m. Yorba Linda City Council, November 21, 6:30 .m. Summerfield Yorba Linda Planning Commission, Nov 22, 6:30 p.m. Mills/ Alt. Summerfield -8- CONFERENCES AND SEMINARS 2006-151 22. 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. State of the City Address and Citizen of the Year Award, sponsored by Yorba Linda Chamber of Commerce, Thursday, October 26, 2006, 12:00 noon, at the Richard Nixon Library and Birthplace. President Armstrong, Director Mills and key staff were approved to attend. ADJOURNMENT The Board of Directors adjourned at 10:45 a.m. A regular meeting of the Board is scheduled for Thursday, October 12, 2006, at 9:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. Ke neth R. Vecchiarelli Assistant Secretary -9- 2006-152