Loading...
HomeMy WebLinkAbout2011-10-13 - Board of Directors Meeting Minutes i 2011-178 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING October 13, 2011 1. CALL TO ORDER The October 13, 2011 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Beverage at 8:32 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 Director Kiley led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Michael J. Beverage, President Ken Vecchiarelli, General Manager Phil Hawkins, Vice President Steve Conklin, Engineering Manager Ric Collett Stephen Parker, Finance Manager ' Robert R. Kiley Gina Knight, Human Resources Manager Gary T. Melton Art Vega, Interim IT Manager John DeCriscio, Chief Plant Operator Ken Mendum, Water Maintenance Superintendent Steve Clayton, Plant Operator II Freddie Ojeda, Plant Operator II Diane Dalton, Senior Maintenance Dist Operator Scott Coffman, Maintenance Dist Operator III Jorge Lopez, Maintenance Dist Operator II Nick Hollon, Maintenance Worker I Nick Isbell, Maintenance Worker I Damon Micalizzi, Public Information Officer Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Mayor, City of Yorba Linda Art Kidman, General Counsel, Kidman Behrens & Tague LLP Eddie Beltran, Senior Associate, Kidman, Behrens & Tague LLP Carl Boznanski, Chair, Citizens Advisory Committee Bob King, King Family Trust/Yorba Linda Outpost Development LLC Gordon Thomson, Thomson and Associates Real Estate 1 2011-179 4. ADDITIONS/DELETIONS TO THE AGENDA ' President Beverage announced that Item No. 14.1. would be removed from the agenda as it was no longer needed and that Item No. 14.2. would be continued to the next regular Board meeting. Mr. Vecchiarelli stated that Item No. 6.1. would also be postponed until the next meeting. Item No. 5. was taken following Item No. 7.1. 6. SPECIAL RECOGNITION Item No. 6.1. was continued to the next Board meeting. 6.1. Recognition of OCWA Annual Hot Tap and Horseshoe Competition Participants 6.2. Recognition of Staff for Outstanding Customer Service Compliments Mr. Vecchiarelli played a recorded message from a customer commending District staff for their assistance. Mr. Vecchiarelli then introduced Mrs. Dalton and Messrs. Coffman, Hollon, Isbell and Lopez after which President Beverage presented them with a memo recognizing their exceptional customer service. Mr. Vecchiarelli then introduced Messrs. Clayton and Ojeda who were , attending the Board meeting to fulfill a requirement for the ACWA/JPIA Certification Program. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held September 26, 2011 were provided in the agenda packet. Director Beverage attended. Mr. Boznanski provided a brief report regarding matters discussed during the meeting including: Elk Mountain Reservoir Practice Field Project Update; 2011/12 Budget & Strategic Plan; and Citizens Advisory Committee Questionnaire. Meeting scheduled October 24, 2011 at 8:30 a.m. 5. PUBLIC COMMENTS None. 1 2 2011-180 8. CONSENT CALENDAR President Beverage announced that he would like to remove Item Nos. 8.3. and 8.5. from the Consent Calendar. These items were then removed for separate action. Director Hawkins made a motion, seconded by Director Kiley, to approve the remainder of the Consent Calendar. Motion carried 5-0. 8.1. Minutes of the Board of Directors Regular Meeting Held September 22, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special Meeting Held October 4, 2011 Recommendation: That the Board of Directors approve the minutes as presented. 8.4. Progress Payment No. 2 for Construction of the 2010 Waterline Replacement Project, Phase 1 - Plumosa Drive Recommendation: That the Board of Directors approve Progress Payment No. 2 in the net amount of $141,998.40 to Kana Pipeline, Inc. for construction of the Plumosa Drive Pipeline Project, Job No. 201012. 8.6. Construction Contract for Fairmont Reservoir Valve Replacements Recommendation: That the Board of Directors award a construction agreement in the amount of $203,800.00 to Pascal & Ludwig Constructors, Inc., for installation of replacement valves at the Fairmount Reservoir. 8.7. Easement Quitclaim for Sewer System Transfer Recommendation: That the Board of Directors authorize the General Manager to execute the Quitclaim Deed relating to Parcel 1 in the Deed of Easement recorded on March 25, 1991 as Instrument No. 9 1-1 34888, to quitclaim to the City of Yorba Linda the Brush Canyon Chlorination Building site. 3 2011-181 8.8. Letter of Understanding for Yorba Linda Blvd Booster Station Project , Recommendation: That the Board of Directors authorize the General Manager to submit a Letter of Understanding to the City of Yorba Linda for the District's Yorba Linda Blvd Booster Station and Pipeline Project. 8.9. Agreement Amendment with Total Compensation Systems Recommendation: That the Board of Directors authorize the General Manager to amend the current professional services agreement with Total Compensation Systems, Inc. to complete a "roll-over" valuation for the years 2012 and 2013 at a cost not to exceed $1,400. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION Staff responded to questions from President Beverage regarding payment being made for the 2003 and 2008 Certificates of Participation and plans for upgrading the Districts existing pressure regulating stations. Director Beverage made a motion, seconded by Director Hawkins, to approve ' Item Nos. 8.3. and 8.5. Motion carried 5-0. 8.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $4,216,037.85. 8.5. Engineering Services for Pressure Regulating Stations Upgrade Project Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with Hall & Foreman, Inc. in the amount of $82,400 to prepare engineering design, and provide bidding support and construction management services for the Pressure Regulating Stations Upgrade Project. 9. ACTION CALENDAR 9.1. Terms & Conditions for Water & Sewer Service for King Family Trust, Tract 16488 Mr. Conklin introduced Messrs. King and Thomson, representatives for the King Family regarding this matter. Mr. Conklin then provided an overview of the project and along with Mr. Vecchiarelli, responded to questions from ' the Board regarding additional water storage, fire flow requirements, and water pressure for the proposed development. 4 2011-182 t Following further discussion, Mr. Vecchiarelli suggested that the Board consider amending No. 49 of the Terms & Conditions as follows: The applicant P4ayshall install individual water pumps with approved backflow prevention assemblies, comply with Terms and Conditions No. 32 for such assemblies and shall execute a Declaration of Restrictive Covenants noticing buyers of possible low pressure conditions and the existence of private pressure pump systems Of instagea). Mr. Kidman stated that he agreed with Mr. Vecchiarelli's suggestion. Mr. Thomson addressed the Board and stated that he also agreed with the amended condition. Messrs. Thomson and King then responded to questions from the Board regarding property disclosures and the number of pads being reserved for the King family. Director Hawkins made a motion, seconded by Director Collett, to approve the Terms and Conditions for Water and Sewer Service for the King Family, Trust, Tract No. 16488, for development of 11 residential lots as amended. Motion passed 5-0. ' 9.2. Standing List of Vendors for Provision of Temporary Personnel Services Mrs. Knight explained the purpose of developing a standing list of vendors for temporary personnel services. Mrs. Knight and Mr. Kidman then responded to questions from the Board regarding the process of adding additional vendors to the standing list and competitive bid requirements. Director Kiley made a motion, seconded by Director Melton, to authorize development of a standing list of vendors for the provision of temporary personnel services, on an as-needed basis, and execution of Professional Services Agreements with these vendors, subject to approval as to form by General Counsel, and providing Certificates of General Liability and Workers' Compensation insurance coverage to the District on an on-going basis along with waivers of subrogation for our files. Motion passed 5-0. 10. REPORTS. INFORMATION ITEMS. AND COMMENTS 10.1. President's Report President Beverage commented on the current process for providing Committee meeting minutes to the Board and requested that staff prepare a discussion item regarding the matter for the next Executive- Administrative-Organizational Committee meeting. 1 5 2011-183 10.2. Directors' Reports ' Director Melton encouraged the Board to attend the Yorba Linda Mayor's Prayer Breakfast on October 20, 2011. Brief discussion followed. Director Hawkins made a motion, seconded by Director Melton, to add the event to the agenda as Item No. 13.2. for the Board of Directors to authorize Director attendance as there was a need to take immediate action and the event notice was received by staff subsequent to the agenda being posted. Motion passed 5-0. 10.3. General Manager's Report ■ Benefits Fair - October 26, 2011 at 11:30 a.m. ■ AB1825 Training - December 6, 2011 at 9:30 a.m. ■ AB1234 Training -March 12, 2012 at 9:00 a.m. Mr. Vecchiarelli reported that the Human Resources Department will be sponsoring a benefits fair at the end of October. Flu shots and information regarding health benefits will be provided at the event. Mr. Vecchiarelli further reported that the HR Department had also scheduled two trainings in December 2011 and March 2012 to meet the AB1825 and AB1234 requirements. 10.4. General Counsel's Report , Mr. Kidman reported that the District settled an employment dispute with its former Assistant General Manager, Pat Grady. The parameters of the settlement were approved by the Board in Closed Session on September 8, 2011 and a final settlement agreement was executed by both parties on September 20, 2011. The executed agreement is a public record while Mr. Grady's personnel file remains confidential. Mr. Kidman further reported that Mr. Grady submitted a formal letter of resignation and released all employment related claims against the District. The District paid a lump sum settlement payment of $27,500 to Mr. Grady. Neither side admitted any wrongdoing in the employment of Mr. Grady or the disputes related to his employment. Mr. Grady agreed to indemnify the District against any employment taxes applicable to the settlement payment. Mr. Kidman then stated that this announcement was in compliance with Section 54957.1 (a)(3)(B) of the California Government Code. Mr. Kidman then commented on the status of a few pieces of legislation including AB 22, AB 938, SB 215, AB 1344, and AB 23. Mr. Beltrans will provide a more detailed report to staff at a later date. 10.5. Future Agenda Items and Staff Tasks ' None. 6 2011-184 t 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Beverage/Hawkins) Minutes of the meeting held October 6, 2011 were provided in the agenda packet. Directors Beverage and Hawkins attended. The only matter discussed at the meeting was the discontinuation of the Elk Mountain Reservoir Practice Field Project. Meeting scheduled October 18, 2011 at 11:00 a.m. 11.2. Finance-Accounting Committee (Collett/Kiley) Minutes of the meeting held September 26, 2011 were provided in the agenda packet. Directors Collett and Kiley attended. Matters discussed during the meeting included: Contract Extension with Total Compensation Systems; Audit Update; July 2011 and August 2011 Budget to Actual Results; Investment Reports through August 2011; and Status Report on Committee Specific Strategic Plan Initiatives. ' Meeting scheduled October 24, 2011 at 4:00 p.m. 11.3. Personnel-Risk Management Committee (Kiley/Beverage) Minutes of the meeting held October 11, 2011 were provided at the meeting. Directors Kiley and Beverage attended. Matters discussed during the meeting included: Reclassification of a Limited-Term Sr. Project Manager Position to a Regular Budgeted Position; Status of Human Resources and Risk Management Activities; Status of Recruitments and Budgeted Positions; and Status of Committee Specific Strategic Plan Initiatives. Meeting scheduled November 8, 2011 at 4:00 p.m. 7 2011-185 11.4. Planning-Engineering-Operations Committee ' (Melton/Collett) Minutes of the meeting held October 6, 2011 were provided in the agenda packet. Directors Melton and Collett attended. Matters discussed during the meeting included: Engineering Services for Pressure Regulating Stations Upgrade Project; Construction Contract for Valve Replacement at Fairmont Reservoir; Letter of Understanding for Yorba Linda Blvd Booster Station Project; Report on Potential Second Lower Cross Feeder Project; Monthly Preventative Maintenance Program Report; Monthly Groundwater Production & Purchased Import Water Report; Groundwater Producer Meeting Report; Status Report on Capital Projects in Progress; and Status Report on Committee-Specific Strategic Planning Initiatives. Meeting scheduled November 3, 2011 at 4:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Hawkins/Melton) Meeting scheduled October 10, 2011 at 4:00 p.m. was cancelled and rescheduled to October 21, 2011 at 3:00 p.m. 11.6. YLWD-MWDOC-OCWD Joint Agency Committee ' (Beverage/Hawkins) Minutes of the meeting held September 27, 2011 were provided in the agenda packet. Directors Beverage and Hawkins attended. Matters discussed during the meeting included: MWD Labor Negotiations; Status of Southern California Water Supply; Replenishment Studies; MWDOC's 601h Anniversary Commemoration; Status of Groundwater Basin; MWD Replenishment Water Program; and Annexation of YLWD to OCWD. Meeting scheduled November 22, 2011 at 4:00 p.m. Mr. Vecchiarelli stated that he was not going to be able to attend this meeting and that Mr. Conklin would be attending in his place. 12. INTERGOVERNMENTAL MEETINGS 12.1. WACO - September 9, 2011 (Hawkins) Director Hawkins did not attend this meeting. 12.2. YL City Council - September 20, 2011 (Melton) Director Melton attended and commented on a resolution extending a two year extension for certain Conditional Use Permits which was adopted at ' the meeting. 8 2011-186 ' 12.3. MWDOC Board - September 21, 2011 (Melton/Staff) Director Melton attended and commented on the Orange County Water Summit and ACWA Committee appointments which were discussed at the meeting. 12.4. OCW D Board - September 21, 2011 (Kiley/Staff) Director Kiley attended but did not have any new business to report. 12.5. YL Planning Commission - September 28, 2011 (Collett) Director Collett attended and commented on a proposed lot split which was discussed during the meeting. 12.6. ISDOC - September 29, 2011 (Hawkins/Kiley) Directors Hawkins and Kiley attended. Director Hawkins commented on two presentations provided at the meeting regarding California's legislative and congressional redistricting plan and the accomplishments of CSDA. 12.7. YL City Council - October 4, 2011 (Hawkins) Director Hawkins attended but did not have any new business to report. 12.8. MWDOC/MWD Workshop - October 5, 2011 (Melton/Staff) Director Melton attended and commented on MWD's Local Resource ' Development Strategy Task Force, conservation goals and impacts on revenue, and MWD's Labor MOU which were discussed during the meeting. 12.9. OCWD Board, October 5, 2011 (Kiley/Staff) Director Kiley attended and commented on a license agreement with the City of Anaheim for a drain pipe from the Linda Vista Reservoir which was approved at the meeting. 12.10. WACO - October 7, 2011 (Hawkins) Director Hawkins attended and commented on a presentation regarding SCWD's Groundwater Recovery Facility which was provided at the meeting. 12.11. YL Planning Commission - October 12, 2011 (Kiley) Director Kiley attended and commented on a lot split and extension for a Conditional Use Permit for Verizon Wireless which were discussed during the meeting. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR ' 13.1. Meetings from October 14, 2011 -November 30, 2011 The Board reviewed the listed meetings. Director Hawkins stated that the Executive-Administrative-Organizational Committee meeting in November had been rescheduled to November 16, 2011 at 4:00 p.m. 9 2011-187 13.2. Yorba Linda Mayor's Prayer Breakfast- October 20, 2011 , Directors Collett and Melton have already registered for this event. Directors Hawkins and Kiley expressed an interest in attending as well, Director Collett made a motion, seconded by Director Hawkins, to authorize Director attendance at this event. Motion passed 5-0. 14. CLOSED SESSION Item No. 14.1. was removed from the agenda and Item No. 14.2. was continued to the next regular Board meeting. 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 all (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) ' 10 2011-188 ' 14.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 15. ADJOURNMENT Di Directors will be held October 27, 2011 at 8:30 a.m. meeting of the 15.1. Board of meeting Ke neth R. Vecchiarelli Board Secretary I 11