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HomeMy WebLinkAbout2012-01-26 - Board of Directors Meeting Minutes 2012-010 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING January 26, 2012 1. CALL TO ORDER The January 26, 2412 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:31 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 Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Ken Vecchiarelli, General Manager Gary T. Melton, Vice President Steve Conklin, Engineering Manager Michael J. Beverage Lee Cory, Operations Manager Ric Collett Gina Knight, Human Resources Manager Robert R. Kiley Art Vega, Interim IT Manager Delia Lugo, Senior Accountant John DeCriscio, Chief Plant Operator Damon Micalizzi, Public Information Officer Doug Baker, Mechanic II Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County (Arrived at 8:33 a.m.) Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, General Counsel, Kidman Law LLP Eddy Beltran, Senior Associate, Kidman Law LLP (Arrived at 8:47 a.m.) Andrew Gagen, Partner, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 1 2012-011 6. SPECIAL RECOGNITION 6.1. Recognize Doug Baker, Mechanic 11, for Receiving the H.R. LaBounty Safety Award Mrs. Knight provided a brief summary of the award program and the idea of a safety step for which Mr. Baker was being recognized. Mr. Cory and Mr. Baker then presented photos of Mr. Baker's improvement to the Board of Directors. The Board commended Mr. Baker for his accomplishment. Mr. Vecchiarelli noted that Mr. Baker received a check in the amount of $50 from ACWA/JPIA and that this was the second time that one of the District's mechanics had received one of these awards. Mr. Baker left the Board meeting at this time. 5. PUBLIC COMMENTS CONTINUED Director Barbre addressed the Board and reported that Director Ed Royce, Sr. would be resigning from his position with MWDOC effective February 2, 2012. The agency will begin recruitment to fill the vacancy shortly. Director Barbre then reported on the current water supply situation. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held January 23, 2012 at 8:30 a.m. were provided at the Board meeting. Mr. Mole provided a brief report regarding matters discussed during the Committee meeting. Next Committee meeting is scheduled February 27, 2012 at 8:30 a.m. Mr. Mole left the Board meeting at this time. 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the Consent Calendar. Director Collett abstained from voting on Check No. 58301 of Item No. 8.3. as he has a financial interest with the vendor. Motion carried 5-0. 8.1. Minutes of the Board of Directors Regular Meeting Held January 12, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Workshop Meeting Held January 16, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 2 2012-412 8.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,472,448.81. 8.4. Progress Payment No. 3 for Construction of Well No. 24 Well Head Equipping Project Recommendation: That the Board of Directors approve Progress Payment No. 3 in the net amount of $257,610.60 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 8.5. Progress Payment No. 12 for Construction of the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 12 in the net amount of $375,521.48 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 8.6. Final Progress Payment No. 4 and Notice of Completion for the 2010 Waterline Replacement Project, Phase 1 — Plumosa Drive Project Recommendation: That the Board of Directors approve Final Progress Payment No. 4, in the net amount of $115,670.25, to Kana Pipeline, Inc. and 10% retention of$12,852.25; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond, and release the Faithful Performance Bond in one year if no defects have been found for the construction of the 2010 Waterline Replacement Project, Phase 1 — Plumosa Drive Project, Job No. 201012. 8.7. Declaration of Restrictive Covenants with William Payne — 4389 Smoketree Avenue, Yorba Linda Recommendation: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with William Payne. 3 2012-013 9. ACTION CALENDAR 9.1. Resolution Authorizing an Amendment to the Contract with CaIPERS to Provide Section 20475 (Different Levels of Benefits) Mrs. Knight explained that the Board recently adopted a resolution providing notice of the District's intent to amend its contract with CalPERS to implement different levels of retirement benefits for new employees. To finalize this process, the Board will need to adopt another resolution authorizing the amendment. Director Collett made a motion, seconded by Director Melton, to adopt Resolution No. 12-01 Authorizing an Amendment to the Contract with CaIPErS, to provide Section 20475 (Different Levels of Benefits) implementing a Second tier level under Section 21353 (2% @ 60 Full formula), applicable to new hires after the contract amendment is executed. Motion carried 5-0 on a roll call vote. 9.2. Resolution for Employer Paid Member Contributions Mrs. Knight explained that the resolution being presented to the Board would officially require employees hired after January 26, 2012 to pay the 7% employee contribution to CaIPERS. This contribution will continue to be paid by the District for employees hired prior to December 8, 2011.. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 12-02 for Employer Paid Member Contributions providing that the District will pay 0% of the Employer Paid Member Contributions for employees hired after January 26, 2012. Motion carried 5-0 on a roll call vote. 9.3. Proposal for Additional Coverage to the Property Insurance Program Mrs. Knight explained that 41 of the District's vehicles were not currently insured under the District's property program through ACWA/JPIA. If any of these vehicles were damaged and the District was determined to be at fault, the District would be fully responsible for all repairs. The cost estimate for adding these vehicles to the program is approximately $5,300 with a deductible of $500 per reported incident. Director Beverage made a motion, seconded by Director Collett, to approve extending comprehensive and collision insurance coverage to the remaining District Vehicles not currently covered under the District's Property Program. The proposed coverage would become effective during the April 1, 2012 property insurance renewal period. Motion carried 5-0. 4 2012-014 9.4. Reject and Refer Claim to ACWA/Joint Powers Insurance Authority Mrs. Knight explained that Chris D'Amico had filed a claim on December 28, 2011 stating that he drove over a District water cover, which flipped up under his car causing auto body damage and a blown out tire. Mr. D'Amico has submitted receipts for replacement of the tire and a rental car as well as estimates for auto body repair. ACWA/JPIA's Senior Claims Adjuster has recommended that Mr. D'Amico's claim be rejected and referred to their agency for further evaluation. Director Collett made a motion, seconded by Director Kiley, to reject the claim filed by Mr. D'Amico and refer it to ACWA/Joint Powers Insurance Authority. Motion carried 5-0. 10. DISCUSSION ITEMS 10.1. Debrief — MWD Shutdown January 8-12, 2012 Mr. DeCriscio provided a PowerPoint presentation regarding the District's preparations for the recent MWD shutdown. This included an overview of the purpose of the shutdown, projects to be completed during the outage, staff preparations, as well as water demand and storage information. Mr. DeCriscio and Mr. Vecchiarelli then responded to questions from the Board regarding the types of mobile pumps being utilized and notification of the Board and City of Yorba Linda staff. Mr. DeCriscio left the meeting at this time. 11. REPORTS INFORMATION ITEMS AND COMMENTS 11.1. President's Report None. 11.2. Directors' Reports Director Collett reported that he recently attended an event honoring Iry Pickler for over 20 years of service in the water industry. 11.3. General Manager's Report Mr. Vecchiarelli reported that he spoke with Leonard Deuker, the District's first General Manager, to thank him for the binder of historical information he graciously provided to the District. 11.4. General Counsel's Report Mr. Kidman commented on a recent Supreme Court ruling abolishing redevelopment agencies and its potential impact on other special districts. 11.5. Future Agenda Items and Staff Tasks None. 5 2012-015 12. COMMITTEE REPORTS 12.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held January 11, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled February 8, 2012 at 4:00 p.m. 12.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held January 23, 201 at 4:00 p.m. will be provided at the next Board meeting. Next meeting is scheduled February 27, 2012 at 4:00 p.m. 12.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held January 10, 2012 at 4:( ) p.m. were provided in the agenda packet. Next meeting is scheduled February 14, 2012 at 4:00 p.m. 12.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held January 5, 2012 at 4:00 p.m. were provided in the agenda packet.. Next meeting is scheduled February 2, 2012 at 4:00 p.m. (This meeting was subsequently rescheduled to February 7, 2012 at 11:00 a.m.) 12.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held January 9, 2012 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held January 19, 2012 at 4:00 p.m. will be provided at the next Board meeting. Next meeting is scheduled February 6, 2012 at 4:00 p.m. 6 2012-016 12.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Minutes of the meeting held January 24, 2012 at 4:00 P.M. will be provided at the next Board meeting. Next meeting is scheduled March 27, 2012 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL City Council —January 17, 2012 (Melton) Director Melton attended and briefly commented on the Lakeview Avenue Widening and Improvement Project which was discussed during the meeting. 13.2. MWDOC Board — January 18, 2012 (Melton/Staff) Director Melton attended and reported that the MWDOC Board elected a new President and Vice President. Director Melton mentioned that he also spoke with Director Finnegan regarding the Board's decision to vote for Steven Ruettgers for the position of ACWA HBA Director. 13.3. OCWD Board — January 18, 2012 (Kiley/Staff) Director Kiley attended and commented on the FY 2012/13 Basin Production Percentage and Replenishment Assessment Estimates which were discussed during the meeting. 13.4. YL Planning Commission — January 25, 2012 (Collett) Director Collett attended and reported that Ms. Karalee Watson was sworn into office as a new commissioner during the meeting. Director Collett further reported that recent ruling discontinuing redevelopment agencies, the new town center as well as an item being placed on the June ballot were discussed during the meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from January 27, 2012 — February 29, 2012 The Board reviewed the listed meetings and made no changes. 15. CONFERENCES-,-SEMINARS, AND SPECIAL EVENTS 15.1. MWDOC Water Policy Forum & Dinner— February 2, 2012 Directors Hawkins, Kiley and Melton expressed an interest in attending this event. Director Beverage made a motion, seconded by Director Collett, to authorize Director attendance at this event. Motion carried 5-0. 7 2012-017 14. BOARD OF DIRECTORS ACTIVITY CALENDAR CONTINUED Mr. Vecchiarelli requested that the Board consider rescheduling the time of the Board meeting on February 23, 2012 to accommodate a Closed Session with legal counsel. Following brief discussion, the time of this meeting was changed from 8:30 a.m. to 4:00 p.m. 16. CLOSED SESSION The meeting was adjourned to Closed Session at 9:27 a.m. All Directors were present. Also present were Messrs. Vecchlarelli, Kidman, Beltran, and Gagen and Mrs. Knight. 16.1. 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) 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) Name of Case: ACWAIJPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 8 2012-018 Messrs. Kidman, Beltran, and Gagen and Mrs. Knight left the meeting following discussion of this item. 16.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 11:11 a.m. President Hawkins announced that no action was taken during either Closed Session that was required to be reported under the Brown Act, 17. ADJOURNMENT 17.1. The meeting was adjourned at 11 :12 a.m. The next regular meeting of the Board of Directors will be held February 9, 2012 at 8:00 a.m. Kenneth R. Vecchiarelli Board Secretary 9