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HomeMy WebLinkAbout2012-07-26 - Board of Directors Meeting Minutes 2012-130 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 26, 2012, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The July 26, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 4:01 p.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 President Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Steve Conklin, Engineering Manager Gary T. Melton, Vice President Lee Cory, Operations Manager ' Michael J. Beverage Gina Knight, Human Resources Manager Ric Collett Art Vega, Interim IT Manager Robert R. Kiley Delia Lugo, Senior Accountant Joann Gitmed, Accounting Asstistant II Dave Barmer, Sr Maint Distribution Operator John Brundahl, Sr Plant Operator Lynn Nuzman, Sr Maint Distribution Operator Mando Raya, Maint Distribution Operator III Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP David Ramocinski Mark Schock Ken Vecchiarelli 4. ADDITIONS/DELETIONS TO THE AGENDA President Hawkins requested to add a Closed Session to the agenda as Item No. 14.3 as he had received an e-mail subsequent to the posting of the agenda ' regarding the General Manager's performance evaluation that was an urgent matter and needed to be discussed by the entire Board that day. 1 2012-131 Director Collett made a motion to add this item to the agenda. Motion died for ' lack of a second. 5. PUBLIC COMMENTS Mr. Vecchiarelli addressed the Board and expressed his congratulations to those individuals being recognized for their service to the District. Mr. Ramocinski addressed the Board and stated that he would like to comment on Item Nos. 6.1. and 7.5. President Hawkins invited Mr. Ramocinski to speak regarding Item No. 6.1. at this time. Mr. Ramocinski then commended Mr. Barmer for his work with the District. Director Barbra addressed the Board and commented on his attendance at the MWDOC Water Policy Forum & Dinner held the night before. Director Barbre thanked the Board for their support and reported that Colonel John V. Foley had announced that he would be running for another term as Chairman of the Board for the Metropolitan Water District of Southern California. Director Barbre then commented on the current water supply situation and responded to questions from the Board regarding the California Water Tunnel Plan. 6. SPECIAL RECOGNITION 6.1. Recognition of Employees for Their Service to the District , • Dave Barmer, Senior Maintenance Distribution Operator (25 Years) • John Brundahl, Senior Plant Operator (25 Years) • Lynn Nuzman, Senior Maintenance Distribution Operator (25 Years) • Mando Raya, Maintenance Distribution Operator III (25 Years) Mr. Cory introduced Messrs. Barmer, Brundahl, Nuzman and Raya to the Board and presented them with a pin commemorating the number of years they had worked for the District. The Board then commended these staff members for their dedication. Messrs. Barmer, Brundahl, Nuzman, Raya and Vecchiarelli left the meeting at this time. 7. CONSENT CALENDAR Director Kiley made a motion, seconded by Director Collett, to approve the Consent Calendar. Director Collett abstained from voting on Check No. 59573 of Item No. 7.2. as he has a financial interest with the vendor. President Hawkins removed Item No. 7.5. from the Consent Calendar. Motion carried 5-0 to approve the remainder of the Consent Calendar. ' 2 2012-132 ' 7.1. Minutes of the Board of Directors Regular Meeting Held July 12, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,984,561.43. 7.3. Progress Payment No. 1 for the Yorba Linda Blvd Pipeline Project Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $305,045.00 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. 7.4. Progress Payment No. 2 for Construction of Green Crest Lift Station Repairs Recommendation: That the Board of Directors approve Progress Payment No. 2 in the net amount of $44,233.20 to Pascal & Ludwig ' Constructors for construction of the Green Crest Lift Station Repairs, Job No. 2011-16S. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.5. Response to OC Grand Jury Report President Hawkins invited Mr. Ramocinksi to comment on this matter at this time. Mr. Ramocinski addressed the Board regarding the District's response to the OC Grand Jury's report and suggested that the response to Finding 2 (F2) be revised to convey a spirit of cooperation when receiving recommendations from other public agencies. Directors Melton and Beverage briefly commented on the language used in this paragraph. Director Barbre then addressed the Board and mentioned a few points that were included in both MWDOC's and LAFCO's responses to this report. 1 3 2012-133 Director Beverage suggested some minor revisions to the language in the , District's response to this finding and asked if the document could be taken back to the Public Affairs-Communications-Technology Committee for further review. Mr. Conklin explained that the response was due to the OC Grand Jury at 5:00 p.m. that day. Director Beverage then requested that Mr. Kidman work on revising the language in this paragraph while the Board continued with the rest of the items on the agenda. 8. ACTION CALENDAR 8.1. Change Order No. 3 Green Crest Lift Station Repairs Mr. Conklin explained that in order for construction of this project to be completed by the end of July, this item was being brought directly to the Board for consideration without being previously reviewed by the Planning-Engineering-Operations Committee. Staff did advise the Committee of this need prior to the Board meeting. Director Collett stated that there would be no additional cost associated with the Change Order, just an extension to the contract. Director Collett made a motion, seconded by Director Kiley, to approve Change Order No. 3 for no additional cost and a contract extension of 20 calendar days to Pascal & Ludwig Constructors for completing the Green Crest Lift Station Repairs, Job No. 2011-16S. Motion carried 5-0. ' 8.2. Sewer Charges Collected on the Tax Roll for Fiscal Year 2012/13 Mrs. Lugo explained that the District collects the Sewer Maintenance Charge from customers connected to the District sewer system that receive water service from another purveyor or that don't receive a water bill from the District, through the property tax rolls prepared by the County of Orange Auditor/Controller. Director Kiley stated that the Finance- Accounting Committee reviewed this matter at its most recent meeting and supported staff's recommendation. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 12-16 Electing to Have Certain Sewer Maintenance Charges Collected on the Fiscal Year 2012113 Tax Roll and Superseding Resolution No. 11-18. Motion carried 5-0 on a roll call vote. S. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report President Hawkins briefly reported on his attendance at the event listed below. He mentioned that there were over 300 guests in attendance and that the presentation centered on water issues in the San Diego area. ' 4 I 2012-134 9.2. Directors' Report ■ MWDOC Water Policy Forum & Dinner — July 25, 2012 (Hawkins/Kiley/Melton) Directors Kiley and Melton both reported on their attendance at this event and briefly commented on the presentation. 9.3. General Manager's Report Mr. Conklin commented on the Board's recent decision to pay off the District's PERS Side Fund liability and the resulting financial benefits. Mr. Conklin then reported on his attendance at the Scoping Meeting for the Cielo Vista Project. The biggest concern expressed by nearby residents in attendance was ingress and egress for the development. Comments regarding the preparation of an Environmental Impact Report (EIR) for the project will be accepted through August 6, 2012. Staff has prepared a letter to the County of Orange regarding the District's concerns relative to water and waste water issues for review by the Planning-Engineering- Operations Committee on August 2, 2012. A copy of the finalized letter will be provided to the Board for their reference. 9.4. General Counsel's Report Mr. Kidman reported that the reimbursable provisions of the Brown Act ' had been suspended by the California Legislature in this year's budget (AB 1464). An article in the OC Watchdog suggests that local agencies could be "shamed" into continuing to adhere to the posting requirements for meeting agendas as required by the Act. It will be up to the District to decide to what extent it feels it is appropriate to continue to comply with a law that is no longer in effect. Mr. Kidman then stated that he had completed revising the language related to Item No. 7.5. and responded to questions from the Board regarding previous decisions of the legislature to suspend these provisions of the Brown Act. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION (CONTINUED) 7.5. Response to OC Grand Jury Report Mr. Kidman suggested that the District's response to Finding 2 (F2) of the OC Grand Jury's report be revised as follows: "To the best of YLWD's knowledge, it has never received recommendations from city or county agencies. In the event that such a ' recommendation is received, it will be given due consideration. While YLWD supports coordination and cooperation amongst local agencies, it retains its independent jurisdiction and cannot and should not be mandated to follow the recommendations of external agencies." 5 2012-135 Director Beverage made a motion, seconded by Director Kiley to approve ' the District's response to the Orange County Grand Jury 2011-2012 Report, "Let There Be Light — Dragging Special Districts From the Shadows"as revised. Motion carried 5-0. REPORTS, INFORMATION ITEMS, AND COMMENTS (CONTINUED) 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS CONTINUED 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Next meeting is scheduled July 30, 2012 at 4:00 p.m. 10.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held July 23, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled August 27, 2012 at 4:00 p.m. ' 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held July 10, 2012 at 3:00 p.m. were provided in the agenda packet. Next meeting is scheduled August 7, 2012 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of meeting held July 5, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled August 2, 2012 at 3:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held July 9, 2012 at 4:00 p.m. were provided in the ' agenda packet. Next meeting is scheduled August 6, 2012 at 4:00 p.m. 6 2012-136 ' 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Minutes of the meeting held July 24, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled September 25, 2012 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) Minutes of the meeting held July 23, 2012 at 8:30 a.m. will be provided at the next regular Board meeting. Next meeting is scheduled August 27, 2012 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. WACO — July 13, 2012 (Hawkins) Director Hawkins stated that he previously reported on his attendance at this meeting during the last Board meeting. 11.2. YL City Council —July 17, 2012 (Melton) Director Melton attended and commented on a contract for trash collection services and a contract with the OC Sheriff's department for police services which were both discussed during the meeting. 11.3. MWDOC Board — July 18, 2012 (Melton/Staff) Director Melton attended and reported that the meeting was quite brief and that there was no District related business to report. 11.4. OCWD Board — July 18, 2012 (Kiley/Staff) Director Kiley attended and reported that this meeting was also very brief and that there was no District related business to report. 11.5. YL Planning Commission — July 25, 2012 (Collett) Director Collett attended and commented on a new zoning code amendment which was discussed during the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from July 27, 2012 —August 31, 2012 The Board reviewed the meetings calendar and made no changes. 1 7 2012-137 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS ' 13.1. OCSD/OCWD Community Open House — July 28, 2012 SOCOD Pilot Plant Open House —August 3, 2012 CSDA Board's Role in Finance/Fiscal Management— September 6, 2012 CSDA Governance Foundations — September 24, 2012 CSDA Annual Conference — September 24-27, 2012 Several Directors expressed an interest in attending one or more of the events being sponsored by CSDA. On a motion by Director Beverage, seconded by Director Collett, the Board authorized Director attendance at the CSDA sponsored events listed above. Motion passed 5-0. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 4:41 p.m. All Directors were present. Also present were Messrs. Conklin, Kidman and Beltran and Mrs. Knight. 14.1. 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) 8 2012-138 ' 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: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 14.2. Conference with Labor Negotiators Pursuant to Section 54956.7 of the California Government Code Agency Designated Representatives: Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association ' The Board reconvened in Open Session at 5:30 p.m. President Hawkins announced that in regards to Item No. 4.1., the District had executed a Global Agreement to end the Freeway Complex Fire litigation. A copy of the agreement is available as a public record. No action was taken in regards to Item No. 14.2. that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 5:31 p.m. The next regular meeting of the Board of Directors will be held Thursday, August 9, 2012 at 8:30 a.m. Annie Alexander Assistant Board Secretary 9