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HomeMy WebLinkAbout2009-12-10 - Board of Directors Meeting Minutes 2009-186 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING December 10, 2009 1. CALL TO ORDER The December 10, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Mills at 8,30 a.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 William R. Mills, President Ken Vecchiarelli, General Manager Ric Collett Pat Grady, Assistant General Manager John W Summerfield Art Kidman, General Counsel Steve Conklin, Engineering Manager ' Lee Cory, Operations Manager Cindy Navaroli, Interim Finance Director Chau Le, Accounting Assistant II Russ Shupe, Storekeeper Annie Alexander, Executive Secretary DIRECTORS ABSENT Paul R. Armstrong Michael J Beverage OTHER VISITORS Brett Barbre, Director, Municipal Water District of Orange County Laurie Ellen Park, Associate, McCormick, Kidman & Behrens 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION President Mills congratulated Mr Barbre on his recent appointment as the fourth t district appointed representative to Metropolitan Water District's Board of Directors. 1 2009-187 6.1. Presentation of Proclamation to Chau Le for 31 Years of Service to the ' District President Mills presented a proclamation to Ms. Le for 31 years of service to the District. 6.2. Presentation of Proclamation to Russ Shupe for 23 Years of Service to the District President Mills presented a proclamation to Mr Shupe for 23 years of service to the District. 6.3. Presentation of Proclamation to Director John W. Summerfield for his Service as President During 2008 and 2009 President Mills presented a proclamation to Director Summerfield for his service as President during 2008 and 2009. Director Summerfield commented on achievements and events occurring during his recent service as President including the construction and dedication of the new administration building, the successful sale of bonds for capital improvement projects, Board and staff efforts related to the Freeway Complex Fire, and affects of the recession and statewide ' drought. The Board then applauded Director Summerfield, Ms. Le and Mr Shupe for their service. Ms. Le and Mr Shupe left the meeting at this time. 7. CONSENT CALENDAR On a motion by Director Collett, seconded by Director Summerfield, the Board voted 3-0 to approve the Consent Calendar. 7.1. Minutes of the Regular Board of Directors Meeting Held November 25, 2009 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payment of Bills, Refunds, and Wire Transfers Recommendation. That the Board of Directors ratify and authorize disbursements in the amount of $1,629,513.12. 7.3. 2010 Association of California Water Agencies (ACWA) Annual ' Membership Dues Recommendation: That the Board of Directors authorize payment of the 2010 ACWA membership dues in the amount of $18,067.50. 2 2009-188 ' 7.4. Progress Payment No. 4 for the Lakeview Sewer Lift Station Rehabilitation Project Recommendation: That the Board of Directors approve Progress Payment No. 4 in the net amount of $52,570.38 to Schuler Engineering Corp. for the Lakeview Sewer Lift Station Rehabilitation Project, Job No. 200905. 7.5. Progress Payment No. 5 for the Zone Reconfiguration Project Recommendation. That the Board of Directors approve Progress Payment No. 5 in the net amount of $141,489 99 to Ken Thompson, Inc. for construction of the Zone Reconfiguration Project, Job No. 200710. 7.6. Progress Payment No. 6 for Construction of the Hidden Hills Reservoir Project Recommendation. That the Board of Directors approve Progress Payment No. 6 in the net amount of $277,416.54 to Pacific Hydrotech Corporation for construction of the Hidden Hills t Reservoir Project, Job No. 200028. 7.7. Progress Payment No. 19 for the Highland Reservoir Replacement Project Recommendation. That the Board of Directors approve Progress Payment No. 19 in the net amount of $502,090.93 to Schuler Engineering Corporation and 10% retention of $55,767 88 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309 7.8. Change Order No. 1 Lakeview Sewer Lift Station Rehabilitation Project Recommendation. That the Board of Directors approve Change Order No. 1 in the amount of $47,302 with the addition of two calendar days to Schuler Engineering Corp. for construction of the Lakeview Sewer Lift Station Rehabilitation Project, Job No. 200905. 7.9. Change Order No. 1 for the San Antonio Pressure Reducing Station Upgrade Project Recommendation: That the Board of Directors approve Change ' Order No. 1 in the amount of $20,566.73, with the addition of 30 calendar days to Paulus Engineering, Inc., for construction of the San Antonio Pressure Reducing Station Upgrades Project, Job No. 200901. 3 2009-189 7.10 Terms and Conditions for Water Service with Placentia Medical, LLC ' Recommendation. That the Board of Directors approve the Terms and Conditions for Water Service with Placentia Medical, LLC, Job No. 200923. 8. REPORTS. INFORMATION ITEMS AND COMMENTS 8.1. President's Report President Mills did not have any comments at this time. 8.2. Directors' Reports None. 8.3. General Manager's Report Mr Vecchiarelli reported that a District customer had been involved in a traffic accident near the east exit on Miraloma Avenue. Staff has contacted the City of Placentia to see if warning signs can be placed on Miraloma Avenue to alert drivers of the blind curve ahead. Staff will also be installing signage identifying the east drive approach as an entrance only and the west approach as an exit only. Mr Vecchiarelli further reported that a luncheon was held on December 9, ' 2009 to recognize two long-term employees retiring at the end of the year and to recognize and thank our current employees for their service and dedication throughout the year 8.4. General Counsel's Report Mr. Kidman commented on a recent ruling of the Ninth Circuit Court of Appeals related to climate change. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee (Summerfield/Mills) Alternate. Collett Meeting scheduled December 15, 2009 at 4.00 p.m. was rescheduled to December 14, 2009 at 4*00 p.m. 4 2009-190 ' 9.2. Finance-Accounting Committee (Beverage/Summerfield) Alternate. Mills Minutes of the meeting held December 7, 2009 were provided at the meeting. Directors Beverage and Summerfield attended. Matters discussed during the meeting were as follows: October Budget to Actual Results; Monthly Investment Report for September and October 2009; Check Register Descriptions, Leaded Inventory - AB 1953, and Employee Retirement Alternatives. Meeting scheduled January 12, 2010 at 4.00 p.m. 9.3. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield Meeting scheduled December 14, 2009 at 4.00 p.m. was cancelled. Meeting scheduled January 11, 2010 at 4.00 p.m. 9.4. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage ' Minutes of the meeting held December 3, 2009 were provided in the agenda packet. Directors Mills and Beverage attended. Matters discussed during the meeting were as follows: Change Order No. 1 for San Antonio Pressure Reducing Station Upgrade Project; Change Order No. 1 for Lakeview Sewer Lift Station Rehabilitation Project; Change Order No. 1 for Zone Reconfiguration Project; Sewer Master Plan Update; Monthly Ground Production and Purchased Water Report; Preventative Maintenance Report; Monthly OC Groundwater Producers Meeting Report; and Status of Capital Projects in Progress. Meeting scheduled January 7, 2010 at 4,00 p.m. 9.5. Public Information-Technology Committee (Collett/Beverage) Alternate. Armstrong Minutes of the meeting held December 1, 2009 were provided in the agenda packet. Directors Collett and Beverage attended. Matters discussed during the meeting were as follows: Pressure Increase Notification Letter; Water Bill Redesign, Winter Newsletter Schedule and Content: Home Energy Efficiency Survey; District Participation in Community Events; Conservation Ordinance Monthly Statistics; and ' Status of IT Projects. Meeting scheduled January 5, 2010 at 4.00 p.m. 5 2009-191 9.6. MWDOC/OCWD Ad Hoc Committee ' (Mills/Collett) Alternate. Summerfield Meeting scheduled January 26, 2010 at 4:00 p.m. 9.7. Citizens Advisory Committee Meeting scheduled December 28, 2009 at 8:30 a.m. has been cancelled. Meeting scheduled January 25, 2010 at 8:30 a.m. President Mills suggested that when Committee assignments are made that Board members consider rotating attendance at future Citizens Advisory Committee meetings. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council - December 1, 2009 (Summerfield) Director Summerfield attended and commented on the City's response to the Orange County Grand Jury Report and proposed water efficient landscape ordinance, both of which were discussed during the meeting. Director Summerfield suggested that staff try to obtain a copy of the City's response to the Orange County Grand Jury Report and draft ordinance. , 10.2. MWDOC/MWD Workshop - December 2, 2009 (Staff) Staff did not attend. 10.3 YL Planning Commission - December 9, 2009 (Collett) Director Collett did not attend. REPORTS. INFORMATION ITEMS AND COMMENTS CONTINUED President Mills reported on his attendance at the recent ACWA/JPIA and ACWA fall conferences. President Mills requested staff to look into the Flawless Performance Management Program which was highlighted during the ACWA/JPIA conference. President Mills then commented on the multibillion-dollar water bond and Local Taxpayer, Public Safety and Transportation Act, both of which were discussed during the ACWA conference and have been placed on the ballot next November Mr. Kidman also commented on the Local Taxpayer, Public Safety and Transportation Act and stated that the proposal may not provide additional protection to local government agencies from the state borrowing property tax revenue. Mr Kidman then commented on his attendance at the ACWA conference and a bond ' measure that would require measureable conservation strategies to be included in future Urban Water Management Plan updates. Mr Kidman will provide a memo to staff regarding this matter before the end of the year. 6 2009-192 ' 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from December 11, 2009 - January 31, 2010 The Board reviewed the listed meetings. The Personnel-Risk Management meeting scheduled December 14, 2009 was cancelled The Executive-Administrative-Organizational Committee meeting scheduled December 15, 2009 was rescheduled to December 14, 2009 at 4.00 p.m. Director Collett will attend the Yorba Linda City Council meeting on December 15, 2009 in place of Director Mills. 12. CLOSED SESSION On a motion by Director Collett, seconded by Director Summerfield, the Board voted 3-0 to adjourn to Closed Session at 9.15 a.m. All Directors in attendance were present. Also present were Messrs. Vecchiarelli, Grady and Kidman and Ms. Park. 12.1. 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) 12.2. Conference with Legal Counsel - Liability Claims Pursuant to Section 54956.95 of the California Government Code Claimants: Einer G and Rosalinda Lindholm Claimant: The Hills at Yorba Linda Community Association Agency Claimed Against: Yorba Linda Water District 1 7 2009-193 The Board reconvened in Open Session at 9:37 a.m. During Closed Session ' Director Collett made a motion, seconded by Director Summerfield, to instruct staff to return the claims submitted by Einer G. and Rosalinda Lindholm and by The Hills at Yorba Linda Community Association. The Board took action on claims previously submitted by these claimants on May 14, 2009 and is neither compelled nor required to repeat these actions for the same claims. The motion passed 3-0 13. ADJOURNMENT 13.1. The meeting was adjourned at 9,38 a.m. The next regular meeting of the Board of Directors will be held December 23, 2009 at 8:30 a.m. Ken Vecchiarelli Board Secretary 8