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HomeMy WebLinkAbout2009-05-14 - Board of Directors Meeting Minutes 2009-055 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING May 14, 2009 1. CALL TO ORDER The May 14, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 6:30 p.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 Ken Vecchiarelli, General Mgr William R. Mills, Vice President Pat Grady, Asst General Mgr Paul R. Armstrong Art Kidman, General Counsel Michael J. Beverage Steve Conklin, Engineering Mgr Lee Cory, Operations Mgr Diane Cyganik, Finance Director Gina Knight, HR Manager Cindy Botts, Mgmt Analyst Annie Alexander, Exe Secretary DIRECTORS ABSENT Ric Collett 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli requested to add additional claimants to Item No. 15.2. as there was a need to take immediate action and the need for action came to the attention of the District subsequent to the agenda being posted. On a motion by Director Armstrong, seconded by Director Mills, the Board voted 4-0 to add the following claimants to Item No. 15.2. Claimant: The Hills at Yorba Linda Community Association Claimants: Einer G. and Rosalinda Lindholm Claimants: J. Darrell and Kerry Kamm Claimants: Jim and MaryAnn Buc Claimants: Doug and Diane Manista 2009-056 Claimants: Cecilia Ornelas Jerry and Barbara Sinner Patrick Diederichs Mark Schock Sterling Higgins Kenneth Tan Eric Griffith Dennis Walker Anne Pivovaroff Susan Gonzalez Lana Fisher Ricardo Ruvalcaba James Scherler Luis Montemayor Jerry Brakebill Robert Lane Neemish Patel Teresa Hulse Christine Sutton Laura Warmolts 5. PUBLIC COMMENTS President Summerfield opened the meeting to public comments. Mark Schock, resident and President of the Hidden Hills Homeowners Group, spoke regarding an e-mail he had sent to the General Manager and Board of Directors. Mr. Schock summarized his correspondence which listed the groups concerns regarding the fire and security vulnerability of the Hidden Hills Booster Pump Station and SCADA system. Mr. Schock requested the District work with the City of Yorba Linda and Metropolitan Water District to allow Hidden Hills residents to use the access road near the Santiago Reservoir as a second evacuation route in emergencies. Mr. Schock also requested the District increase its current water infrastructure codes to provide twice the amount of water pressure in wildland-urban interface areas. Julia Schultz, resident, spoke regarding the current water flow in her neighborhood. Ms. Shultz requested the District test hydrant flows when testing hydrant pressure on an annual basis. A resident expressed her concerns regarding the amount of water she would be able to conserve due to the large garden and landscape area she currently maintains. She also spoke about the lack of water pressure in her neighborhood during the Freeway Complex Fire. 6. PUBLIC HEARING 6.1. Ordinance No. 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies 2 2009-057 6.2. a. President Opens Public Hearing President Summerfield opened the public hearing at 6:45 p.m. ' b. Secretary Provides Proof of Public Hearing Notification, Correspondence and/or Petitions Mr. Vecchiarelli presented proof of the public hearing notification and correspondence received regarding the ordinance to the Board. Mr. Vecchiarelli stated that he had also received written comments from the Landscape Maintenance Assessment District Manager for the City of Yorba Linda which would be provided to the Board. C. Testimony Beginning with Report by General Manager Mr. Vecchiarelli provided a brief PowerPoint presentation outlining the purpose and major points of the ordinance. Mr. Kidman clarified that the ordinance is regarding water conservation and not water rationing and would not pose further hardship on residents currently observing water conservation practices. Mr. Vecchiarelli then responded to questions from the Board. d. Testimony from Public Carl Boznanski, resident and YLWD Citizens Advisory Committee Chair, spoke regarding the ordinance. Mr. Boznanski stated that the Committee had met with the General Manager to discuss the ' ordinance and voted unanimously to recommend adoption by the Board. Mr. Boznanski further stated that the Committee understood the need for the ordinance and believed that everyone should support the critical effort of conserving water. Julia Shultz, resident, requested the District provide information regarding underground drip irrigations systems to its customers. Ms. Schultz also requested that the District work with the City of Yorba Linda to fight against the assigned regional housing needs allocation. Michael Marion, resident, spoke regarding his concerns over enforcement of the ordinance. Another resident also expressed her concerns regarding enforcement of the ordinance. Mr. Vecchiarelli explained that a District staff member would need to personally witness any violations before issuing warnings or fines. ' Jim Horton, resident, expressed his concerns regarding using a rotor sprinkler system and being able to keep within the 15 minute time limit for watering. 3 2009-058 Mr. Vecchiarelli and Ms. Botts explained that the 15 minute time limit would not apply to systems that met the specified efficiency standards. A resident whose pool was emptied as a result of the Freeway Complex Fire asked if he would be able to refill his pool at this time. Mr. Vecchiarelli explained that the restrictions on filling pools would not be effect unless the water supply shortage level was increased to Stage 3. e. President Closes Public Hearing President Summerfield closed the public hearing at 7:38 p.m. f. Discussion Director Mills made a motion to adopt Ordinance No. 09-01, seconded by Director Beverage. Director Beverage suggested that a charge for over usage be included in the ordinance. Director Mills suggested that the ordinance be adopted as is and that staff look into including a charge for over usage in the future. The Board then voted 4-0 on a Roll Call vote to adopt Ordinance ' No. 09-01 Instituting Water Conservation Measures, Prohibition Against Water Waste and Water Shortage Supply Contingencies. 7. CONSENT CALENDAR On a motion by Director Mills, seconded by Director Armstrong, the Board voted 4-0 to approve the Consent Calendar. 7.1. Minutes of the Regular Board of Directors Meeting held April 9, 2009 Recommendation: Approve the minutes as presented. 7.2. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify disbursements in the amount of $660,581.13. 7.3. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify and authorize disbursements in the amount of $1,651,874.74. 7.4. Progress Payment No. 23 for the Lakeview Reservoir Project Recommendation: Approve Progress Payment No. 23 in the net amount of $269,745.85 to SSC Construction, Inc. and 5% retention ' of $14,197.15 deposited to City National Bank escrow account for construction of the Lakeview Reservoir Project, Job No. 200704. 4 2009-059 7.5. Terms and Conditions for Sewer Service with Larry and Tracey Pratt Recommendation: Approve the Terms and Conditions for Sewer ' Service with Lary and Tracey Pratt for 5951 Sandra Drive, Yorba Linda, Job No. 200907. 8. ACTION CALENDAR 8.1. Professional Service Agreement Amendment for Lakeview Sewer Lift Station Rehabilitation Mr. Conklin introduced the item and explained that the lift station needed two of its submersible pumps and control systems replaced. On a motion by Director Armstrong, seconded by Director Beverage, the Board voted 4-0 to authorize Amendment No. 1 to the Professional Services Agreement with Tetra Tech Consultants in the amount of $19,960 for design, bidding and construction phase services for the Lakeview Sewer Lift Station Project. 8.2. Award of Construction Contract for San Antonio Pressure Reducing Station Mr. Conklin reported that the District received 11 bids from contractors for construction of the pressure reducing station. The lowest bid was received from Paulus Engineering for $236,250. ' On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 4-0 to award the Contract for Construction of the San Antonio Pressure Reducing Station Upgrade Project to Paulus Engineering, Inc. for $236,250. 9. DISCUSSION ITEMS 9.1. Status of Hidden Hills Reservoir Project Mr. Conklin reported that construction had begun on the Hidden Hills Reservoir. The contractors have started clearing and grading the site in preparation for the excavation portion of the project. In preparation for the construction, Mr. Conklin provided a presentation to the Yorba Linda City Council regarding the haul route for soil removal. A special notice regarding the haul route was sent to all residents in the area as well and to the St. Francis of Assisi Catholic School. 9.2. System Improvements Following Freeway Complex Fire Mr. Vecchiarelli explained that this item had been added to the agenda in response to a request by Mr. Schock. Mr. Cory provided a brief PowerPoint presentation outlining staff efforts to harden the District's ' water system against future disastrous events and to improve reliability during planned and unplanned water supply interruptions. 5 2009-060 10. REPORTS. INFORMATION ITEMS AND COMMENTS 10.1. President's Report No report was given. President Summerfield commended staff on the new agenda format. 10.2. Directors' Reports Director Beverage commented on the status of the Colorado River. Director Mills commented on the fire in Santa Barbara. Director Armstrong commented on a claim received from a resident. 10.3. General Manager's Report Mr. Vecchiarelli reported that the District had experienced an earthquake on April 23rd just before 5:00 p.m. Staff conducted an assessment of the water distribution system shortly thereafter and no leaks were discovered. Mr. Vecchiarelli further reported that he had attended a meeting of the Orange County Fire Authority on April 23rd where an overview of their After Action Report for the Freeway Complex Fire was presented. Mr. Vecchiarelli also met with representatives from the City of Yorba Linda Public Works and Parks and Recreation Departments on May 8°i to discuss the conservation ordinance. In addition, Mr. Vecchiarelli attended , a meeting of the East Lake Village Community Association on May 12"' regarding the zone reconfiguration project in their area. 10.4. General Counsel's Report No report was given. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Summerfield/Mills) Attemate: Collett Minutes of the meeting held April 21 were provided in the agenda packet. Directors Summerfield and Mills attended. Items discussed during the meeting were as follows: Board Strategic Planning Workshop - Draft Report; Board Budget Workshop; recommendation for becoming signatory of the CUWCC; changes to Board packets; reports on legislative and grant activities; General Counsel's monthly summary billing report; and opportunities for expanding the District's water resources portfolio. Meeting scheduled for May 21, 4:00 p.m. ' 6 2009-061 11.2. Finance-Accounting Committee ' (Beverage/Summerfield) Alternate: Mills Minutes of the meeting held April 14 were provided in the agenda packet. Directors Beverage and Summerfield attended. Items discussed during the meeting were as follows: Monthly Investment Report and Financial Statements for February 2009; Monthly Portfolio Report for March 2009; Operating and Non-Operating Expense Budget; and update on Actuarial RFP's. Minutes of the meeting held May 12 were provided at the meeting. Directors Beverage and Summerfield attended. Items discussed during the meeting were as follows: Monthly Financial Statements and Investment Report for March 2009; revised YTD/Monthly Financial Reports; Monthly Portfolio Report for April 2009; and comparison reports for depreciation and overhead expenses and water operating pass- through costs from the last rate increase and current projections. Meeting scheduled for June 9, 4:00 p.m. 11.3. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield ' Minutes of the meeting held May 11 were provided at the meeting. Directors Armstrong and Collett attended. Items discussed during the meeting were as follows: Damage Claim submitted by Mr. William C. Wamsley; Proposed Authorized Positions for FY 2009/2010; status of recruitments and risk management activities; and scheduling a Budget Workshop. Meeting scheduled for June 8, 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage Minutes of the meeting held May 7 were provided in the agenda packet. Directors Armstrong and Beverage attended. Items discussed during the meeting were as follows: Fairmont Site Improvement Agreement with Shapell Industries; Professional Services Agreement Amendment for Lakeview Sewer Lift Station Rehabilitation; Frontage Fees for Grandview Sewer Extension; Award of Construction Contract for San Antonio Pressure Reducing Station; Monthly Groundwater Production, Purchased Water, and Preventative Maintenance Program reports; Monthly MWDOC Managers Meeting and OC Groundwater Producers Meeting summary ' reports; status of capital projects in progress; and potential use of tops of reservoirs as space for community sports and other activities. Meeting scheduled for June 4, 4:00 p.m. 7 2009-062 11.5. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong ' Minutes of the meeting held May 5 were provided in the agenda packet. Directors Collett and Beverage attended. Items discussed during the meeting were as follows: customer online payments service; website updates and links; Spring 2009 Customer Newsletter; and OC Children's Water Education Festival and OC Girl Scouts public events. Meeting scheduled for June 2, 4:00 p.m. 11.6. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield Meeting scheduled for May 26, 4:00 p.m. 11.7. Revenues and Rates Ad Hoc Committee (Collett/Mills) Minutes of the meeting held April 28 were provided in the agenda packet. Directors Collett and Mills attended. Items discussed during the meeting were as follows: actual and forecast revenues for FY 2008/2009 and proposed budget revenues for FY 2009/2010; rate strategies, proposed pass through rate increase, budget based and tiered rate alternatives; and ' status of Citizens Advisory Committee activities. Meeting to be scheduled. 11.8. City of Placentia Ad Hoc Committee (BeverageNecch iarell i) Meeting scheduled for June 10, 4:00 p.m. 11.9. Citizens Advisory Committee Minutes of the meeting held April 21 were provided in the agenda packet. Items discussed during the meeting were as follows: OC Water Summit on May 15, 2009; conservation ordinance implementation plan; FY 2009/2010 budget and variable expenses; water rate; and nomination of Committee officers. Minutes of the meeting held May 4 were provided in the agenda packet. Items discussed during the meeting were as follows: water conservation ordinance and supply shortage contingencies; FY 2009/2010 revenues; water rate options; and FY 2009/2014 Capital Improvement Plan and financing of future infrastructure needs. , Meeting scheduled for May 19, 4:00 p.m. 8 2009-063 12, INTERGOVERNMENTAL MEETINGS ' 12.1. MWDOC Board, April 15 (Staff) Mr. Vecchiarelli reported that MWDOC's Water Supply Allocation Plan had been adopted and implemented at the Regional Shortage Level 2. 12.2. OCWD Board, April 15 (Staff) Mr. Vecchiarelli reported that the Replenishment Assessment Rate ($249 per acre foot), Basin Production Percentage (62%) and Basin Equity Assessment Rate ($501 per acre foot) for FY 2009-10 had been adopted. The surcharge for production in excess of 64% is $2,400 per acre foot. 12.3. Yorba Linda Planning Commission, April 15 (Collett) There was no report as Director Collett was absent. 12.4. Yorba Linda City Council, April 21 (Armstrong) Director Armstrong did not attend. 12.5. Yorba Linda Planning Commission, April 29 (Summerfield) Director Summerfield attended and commented on two conditional use permits and efforts of the Fire Recovery Facilitation Team which were discussed during the meeting. ' 12.6. Yorba Linda City Council, May 5 (Mills) Director Mills attended and commended Mr. Conklin for his presentation regarding the San Antonio Water Main Zone Reconfiguration and Hidden Hills Reservoir Projects. 12.7. MWDOC/MWD Workshop, May 6 (Staff) Staff did not attend. 12.8. OCWD Board, May 6, (Staff) Staff did not attend. 12.9. Yorba Linda Planning Commission, May 13 (Summerfield) Director Summerfield attended and made note of some of the items on the agenda including a presentation by Galvin Preservation Associates on the status of their Historic Resources Survey. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 15, 2009 thru June 30, 2009 The Board reviewed the listed meetings with no changes. 9 2009-064 14. CONFERENCES AND SEMINARS 14.1. ACWA/JPIA Spring Conference - May 18-19, 2009 ' On a motion by Director Armstrong, seconded by Director Beverage, the Board voted 4-0 to authorize Director Mills to attend the ACWA/JP/A Spring Conference. State Legislative Welcome Reception - June 4, 2009 On a motion by Director Beverage, seconded by Director Armstrong, the Board voted 4-0 to authorize Director Mills to attend the State Legislative Welcome Reception. 15. CLOSED SESSION On a motion by Director Mills, seconded by Director Beverage, the Board adjourned to Closed Session at 8:35 p.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kreisler, and Ms. Knight. 15.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code ' Agency Designated Representatives: Ken Vecchiarelli Pat Grady Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Assn Mr. Kreisler left the Closed Session following discussion of Item No. 15.1. Mr. Kidman, Ms. Laurie Park and Ms. Linda Bauermeister then joined the Closed Session for discussion of Item Nos. 15.2. and 15.3. 10 2009-065 15.2. Conference with Legal Counsel - Liability ' Pursuant to Section 54956.95 of the California Government Code Claimants: Paul and Gillian Johnson, Robert Record, Ameet Sambray, and Dennis Dunn Claimant: David and Alecia Weiss Claimant: The Hills at Yorba Linda Community Association Claimants: Einer G. and Rosalinda Lindholm Claimants: J. Darrell and Kerry Kamm Claimants: Jim and MaryAnn Buc Claimants: Doug and Diane Manista Claimants: Cecilia Ornelas Jerry and Barbara Sinner Patrick Diederichs Mark Schock Sterling Higgins Kenneth Tan Eric Griffith ' Dennis Walker Anne Pivovaroff Susan Gonzalez Lana Fisher Ricardo Ruvalcaba James Scherler Luis Montemayor Jerry Brakebill Robert Lane Neemish Patel Teresa Hulse Christine Sutton Laura Warmolts Agency Claimed Against: Yorba Linda Water District 11 2009-066 15.3. Conference with Legal Counsel - Anticipated Litigation Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California ' Government Code Number of Potential Cases: Unknown The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the "Freeway Complex" firestorm of November 15 and 16, 2008. The Board reconvened in Open Session at 9:36 p.m. President Summerfield reported that during Closed Session, Director Mills made a motion to reject and refer the claims submitted by the claimants listed in Item No. 15.2. to ACWA/JPIA, with the exception of the claim submitted by J. Darrel and Kerry Kamm. This motion was seconded by Director Beverage and approved by the Board 4-0. Staff was instructed to return the claim submitted by J. Darrell and Kerry Kamm as insufficient. No action was taken during Closed Session for Item Nos. 15.1. and 15.3. that was required to be reported under the Brown Act. 16. ADJOURNMENT 16.1. On a motion by Director Armstrong, seconded by Director Summerfield, the meeting was adjourned at 9:37 p.m. The next regular meeting of the ' Board of Directors will be held May 28, 2009 at 8:30 a.m. % Kenneth R. Vecchiarelli Secretary 1 12