HomeMy WebLinkAbout2009-12-10 - Board of Directors Meeting Minutes
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' 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.
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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.
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' 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.
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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.
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' 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.
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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.
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' 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
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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
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