HomeMy WebLinkAbout2011-08-25 - Board of Directors Meeting Minutes
2011-151
' MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
August 25, 2011
1. CALL TO ORDER
The August 25, 2011 Regular Meeting of the Yorba Linda Water District Board of
Directors was called to order by President Beverage at 8:30 a.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
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Michael J. Beverage, President Ken Vecchiarelli, General Manager
Phil Hawkins, Vice President Lee Cory, Operations Manager
Ric Collett Steve Conklin, Engineering Manager
Robert R. Kiley Stephen Parker, Finance Manager
' Gary T. Melton Gina Knight, Human Resources Manger
Damon Micalizzi, Public Information Officer
Nicki Hill, Engineering Secretary
ALSO PRESENT
Brett Barbre, Director, Municipal Water District of Orange County
Eddie Beltran, Senior Associate, Kidman, Behrens & Tague
Cheryl Borden, Vice Chair, YLWD Citizens Advisory Committee
Chris Townsend, President, Townsend Public Affairs
Heather Stratman, Senior Director, Townsend Public Affairs
Scott Nelson, Mayor, City of Placentia
4. ADDITIONS/DELETIONS TO THE AGENDA
Mr. Vecchiarelli announced that a revised copy of the proposed Professional
Services Agreement with Townsend Public Affairs as well as additional backup
material related to Item No. 8.1. were provided to the Board at the meeting. Copies
were also made available to the public in attendance.
5. PUBLIC COMMENTS
None.
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6. COMMITTEE REPORTS '
6.1 Citizens Advisory Committee
(Beverage)
Minutes of the Citizens Advisory Committee meeting held August 22, 2011
were handed out at the Board of Directors meeting. Director Beverage
attended. Mrs. Borden provided a brief report regarding matters discussed
during the meeting including: Frequency of Meetings; Schedule for
Reorganization of Committee Officers; Elk Mountain Reservoir Practice Field
Project Update; and 2011/12 Budget & Strategic Plan. Mrs. Borden also
mentioned that the Committee members were provided with generic
business cards for distribution in the community.
Meeting scheduled September 26, 2011 at 8:30 a.m.
7. CONSENT CALENDAR
Director Hawkins made a motion, seconded by Director Kiley, to approve the
Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on
Check No. 57228 of Item No. 7.2. as he has a financial interest with the vendor.
7.1. Minutes of the Board of Directors Regular Meeting Held August 11, 2011 '
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 $2,246,447.79.
7.3. Progress Payment No. 1 for Construction of the Ohio St. and Oriente Dr.
Pipeline Replacement
Recommendation: That the Board of Directors approve Progress
Payment No. 1 in the net amount of $633,731.40 to Mamco
Construction for the construction of the Ohio Street and Oriente Drive
Pipeline Project, Job No. 201006.
7.4. Progress Payment No. 7 for Construction of the Highland Booster Pump
Station Project
Recommendation: That the Board of Directors approve Progress
Payment No. 7 in the net amount of $119,812.50 to Pacific Hydrotech '
Corporation for construction of the Highland Booster Pump Station
Project, Job No. 200814.
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7.5. Reschedule Board and Committee Meetings
Recommendation: That the Board of Directors reschedule these
Board and Committee meetings as follows:
• Reschedule the Board of Directors meeting on Thursday,
November 24, 2011 to Wednesday, November 23, 2011 at 8:30
a.m.
• Reschedule the Citizens Advisory Committee meeting on Monday,
December 26, 2011 to Tuesday, December 27, 2011 at 8:30 a.m.
unless the Committee decides to cancel the December meeting as
they did the previous year.
• Reschedule the Finance-Accounting Committee meeting on
Monday, December 26, 2011 to Tuesday, December 27, 2011 at
4:00 p.m.
• Reschedule the Public Affairs-Communications-Technology
Committee meeting on Monday, January 2, 2012 to Tuesday,
January 3, 2012 at 4:00 p.m.
8. ACTION CALENDAR
8.1. Professional Services Agreement with Townsend Public Affairs for
' September 2011 through December 2012
Mr. Vecchiarelli provided an overview of the revised proposed agreement
with Townsend Public Affairs (TPA) and the legislative services to be
provided.
Mrs. Stratman then introduced herself and Mr. Townsend and provided a
summary of TPA's strategy and approach. Mrs. Stratman then responded to
questions from the Board regarding periodic reports and local, state and
federal representation.
Director Barbre addressed the Board and stated that MWDOC has been
utilizing TPA's services for approximately 10 years and has been very
pleased with the firm's performance, established presence, relationships and
access to key legislators. He stated that MWDOC selected TPA through an
exhaustive RFP process through which TPA came out the clear choice.
Directors Collett and Kiley both expressed reservations in executing an
agreement with TPA until an action plan with specific benchmarks for public
and legislative affairs has been established by the Board. Director Kiley also
expressed concerns about the sole source nature of the contract award and
a desire for more transparency in the selection process.
Director Hawkins stated that he thought there were enough pressing issues
to merit TPA's assistance at this time and agreed that a workshop would be
beneficial in moving forward.
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Director Hawkins made a motion, seconded by Director Melton, to execute '
the revised Professional Services Agreement with Townsend Public Affairs
for legislative advocacy for the period of September 2011 through December
2012. Motion passed 3-2 with Directors Collett and Kiley voting No.
Following additional discussion, President Beverage requested staff to set up
a Board workshop to develop an action plan for public and legislative affairs.
8.2. ACWA Committee Appointment Nominees for 2012-2013 Term
Mr. Vecchiarelli explained that ACWA has requested nominations for
committee appointment from its membership. General Counsel Art Kidman
is currently serving on the Legal Affairs Committee and has expressed an
interest to continue to serve on this committee as well as the State
Legislative Committee.
Director Kiley made a motion, seconded by Director Melton, to nominate Mr.
Kidman for both the Legal Affairs and State Legislative Committees for the
2012-2013 term. Motion passed 5-0.
9. REPORTS, INFORMATION ITEMS. AND COMMENTS
9.1. President's Report
'
None.
9.2. Directors' Reports
None.
9.3. General Manager's Report
Mr. Vecchiarelli reminded the Board a tour of the Brea Police Department is
scheduled Monday, August 29, 2011 at 9:00 a.m. Mr. Vecchiarelli then
reported that staff had issued a Notice of Availability and Intent to adopt a
mitigated negative declaration for the Yorba Lind Boulevard Booster Pump
Station Project. A copy of the notice was provided to the Board at the
meeting and made available to the public.
9.4. General Counsel's Report
Mr. Beltran stated that no Closed Session would be needed for Items No.
13.1. and 13.2.
9.5. Future Agenda Items and Staff Tasks
Director Melton requested that the Board consider the proposed practice
field at the Elk Mountain Reservoir as soon as possible. Following brief
discussion, the Board scheduled a workshop meeting to discuss this matter
on October 6, 2011 at 6:30 p.m. ,
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10. COMMITTEE REPORTS CONTINUED
10.1. Executive-Administrative-Organizational Committee
(Beverage/Hawkins)
Minutes of the meeting held August 15, 2011 were provided in the agenda
packet. Directors Beverage and Hawkins attended. Matters discussed during
the meeting were as follows: King Family Casino Ridge Proposed
Development; Townsend Public Affairs Scope of Work for September 2011
through August 2012; Input for Development of the Orange County Board of
Supervisors' 2012 Legislative Platform; YLWD Contracts and Agreements in
Process; General Counsel's Monthly Summary Report; Director's and
General Manager's Fees and Expenses (April - June 2011); Status Report
on Committee Specific Strategic Plan Initiatives.
Director Hawkins commended staff for their work related to the Casino Ridge
project.
Meeting scheduled September 20, 2011 at 4:00 p.m. was rescheduled to
September 19, 2011 at 11:00 a.m.
10.2. Finance-Accounting Committee
(Collett/Kiley)
Meeting scheduled September 26, 2011 at 4:00 p.m.
10.3. Personnel-Risk Management Committee
(Kiley/Beverage)
Meeting scheduled September 13, 2011 at 4:00 p.m.
10.4. Planning-Engineering-Operations Committee
(Melton/Collett)
Meeting scheduled September 1, 2011 at 4:00 p.m. was rescheduled to
September 14, 2011 at 4:00 p.m.
10.5. Public Affairs-Communications-Technology Committee
(Hawkins/Melton)
Meeting scheduled September 9, 2011 at 12:00 p.m.
10.6. YLWD-MWDOC-OCWD Joint Agency Committee
(Beverage/Hawkins)
' Meeting scheduled September 27, 2011 at 4:00 p.m.
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11. INTERGOVERNMENTAL MEETINGS '
11.1. YL City Council - August 16, 2011 (Melton)
Director Melton attended and commented on a proposed resolution granting
a 2 year extension to design review approvals and Conditional Use Permits
granted 2008 through 2011. After approximately 1 hour of discussion, the
Council decided to table this matter. Director Melton also provided a brief
report on the City granting Kerrigan Ranch Manor House the right to become
a gated community.
11.2. MWDOC Board - August 17, 2011 (Melton/Staff)
Director Melton was unable to attend this meeting.
11.3. OCWD Board -August 17, 2011 (Kiley/Staff)
Director Kiley attended but did not have any new business to report.
11.4. YL Planning Commission -August 24, 2011 (Collett)
Director Collett attended and commented on the approval of an easement for
construction of the Yorba Linda Boulevard Booster Pump Station on Gun
Club Road. Director Collett then commented on the SAGE project and
correspondence from LAFCO regarding the annexation process, which were
discussed during the meeting. Director Collett further reported that a special
meeting will be held August 31, 2011 at 7:00 p.m. and that the September '
14, 2011 meeting will be cancelled. Director Kiley will attend the meeting
scheduled August 31, 2011.
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from August 26, 2011 - September 30, 2011
The Board reviewed the listed meetings and made no additional changes.
Director Hawkins announced that that he would not be able to attend the
Board of Directors meeting on September 22, 2011.
Mr. Vecchiarelli expressed his interest in attending a conference in San
Diego for utility managers that will conflict with his ability to attend the Board
of Directors meeting on September 8, 2011. He stated that Mr. Conklin also
will not be in attendance at the Board of Directors meeting on September 8,
as he has scheduled vacation plans. Mr. Vecchiarelli reported that Ms.
Knight will fill in for the GM at the September 8m Board meeting.
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' No Closed Sessions were held as they were no longer needed.
13. CLOSED SESSION CONTINUED
13.1. Conference with Legal Counsel - Anticipated Litigation
Pursuant to Subdivision (b) of Section 54956.9 of the California Government
Code
Number of Potential Cases: One (Fair Political Practices Commission
Letter Dated July 15, 2011)
13.2. Conference with Legal Counsel - Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California Government
Code
Name of Case: Itani, at 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)
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)
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14. ADJOURNMENT '
14.1. The meeting was adjourned at 9:28 a.m. The next regular meeting of the
Board of Directors will be held September 8, 2011 at 8:30 a.m.
Ke neth R. Vecchiarelli
Board Secretary
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