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HomeMy WebLinkAbout2012-02-23 - Board of Directors Meeting Minutes 2012-025 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING February 23, 2012 1. CALL TO ORDER The February 23, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 4:01 p.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 Lee Cory, Operations Manager Michael J. Beverage Gina Knight, Human Resources Manager Ric Collett Robert R. Kiley Stephen Parker, Finance Manager Art Vega, Interim IT Manager Anthony Manzano, Senior Project Manager Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, Attorney, Kidman Law LLP Eddie Beltran, Senior Associate, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre briefly reported on the current water supply situation and stated that he was looking forward to presenting to the Citizens Advisory Committee the following week. 6. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on Check No. 58477 of Item No. 6.2. as he has a financial interest with the vendor. 1 2012-026 6.1. Minutes of the Board of Directors Regular Meeting Held February 9, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,601,370.41. 6.3. Progress Payment No. 13 for Construction of the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 13 in the net amount of $388,853.22 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 6.4. Change Order No. 1 for Well No. 20 Wellhead Equipping Project Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of$0.00 (a no cost time extension) and 74 additional calendar days to Pascal and Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 6.5. Declaration of Restrictive Covenants with Gary and Karen Dickinson Recommendation: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with Gary and Karen Dickinson, subject to approval as to form by General Counsel. 6.6. Purchase of Valve Truck Assembly Recommendation: That the Board of Directors authorize the General Manager to execute a purchase order for the cab and chassis assembly for the Valve Maintenance Truck and further authorize the General Manager to execute additional purchase orders for all other equipment required to assemble this utility vehicle, provided the aggregate purchase does not exceed the total budgeted amount. 2 2012-027 111 6.7. Sewer Facilities Document Conversion Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement with Nobel Systems in the amount of $20,960.00 to provide professional services to convert existing PDF and TIF sewer facility drawings to GIS. 6.8. Claim Filed by Glenn Yothers Recommendation: That the Board of Directors reject and refer the claim of Glenn Yothers to ACWA/JPIA. 6.9. Claim Filed by Melanie Schlotterbeck Recommendation: That the Board of Directors reject and refer the claim of Melanie Schlotterbeck to ACWA/JPIA. 6.10. Claim Filed by Professional Community Management on Behalf of the Kellogg Terrace Condominium Association Recommendation: That the Board of Directors reject and refer the claim filed on behalf of the Kellogg Terrace Condominium Association to ACWA/JPIA. 7. ACTION CALENDAR 7.1. Claim Filed by Mamco Construction Mr. Vecchiarelli provided an overview of the claim and reported that staff and the Planning-Engineering-Operations Committee both recommended that it be denied. Mr. Kidman also concurred with this recommendation. Director Beverage made a motion, seconded by Director Collett, to deny the $423,239.84 claim submitted by Mamco Construction for the Ohio Street and Oriente Drive Pipeline Replacement Project. Motion carried 5-0. 7.2. 2012 Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan Update Mr. Vecchiarelli explained that in order to be eligible for hazard mitigation funding, this plan was required to be updated every 5 years. The plan was last updated in 2007 and only minor changes have been suggested. Director Collett made a motion, seconded by Director Beverage, to adopt Resolution No. 12-03 Adopting the 2012 Orange County Regional Water and Wastewater Multi-Hazard Mitigation Plan Update, subject to approval as to form by District Legal Counsel. Motion carried 5-0 on a roll call vote. 3 2012-028 7.3. District of Distinction Accreditation Mr. Vecchiarelli briefly reviewed the requirements for the accreditation application and responded to questions from the Board. Director Kiley made a motion, seconded by Director Melton, to support a direction and commitment toward achieving the "District of Distinction" accreditation. Motion carried 5-0. 7.4. California Urban Water Conservation Counsel Signatory Mr. Vecchiarelli explained that the District's current strategic plan included consideration of participation in the California Urban Water Conservation Counsel's (CUWCC) Best Management Practices. Both staff and the Executive-Administrative-Organizational Committee have recommended that the District not commit to becoming a signatory to the CUWCC's Memorandum of Understanding at this time. Director Beverage made a motion, seconded by Director Melton, not to become a signatory of the California Urban Water Conservation Council's Memorandum of Understanding. Motion carried 5-0. 8. DISCUSSION ITEMS 8.1. Capital Improvement Projects Budget (v 1.0) 111 Mr. Parker provided the Board with a PowerPoint presentation regarding preliminary adjustments made to the District's Capital Improvement Plan budget. Mr. Parker and Mr. Vecchiarelli then responded to questions from the Board regarding the prioritization of CIP projects, fiscal impact of annexation with OCWD, and the increase in bid amounts due to rising material costs. 9. REPORTS. INFORMATION ITEMS, AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports Director Collett reported that he would be unavailable to attend meetings from February 29 — March 4, 2012. As a result, the Planning-Engineering- Operations Committee meeting on March 1, 2012 will need to be rescheduled. • AB1234 Training — February 16, 2012 (Beverage) Director Beverage briefly commented on his attendance at this training. 4 2012-029 9.3. General Manager's Report Mr. Vecchiarelli reported that he recently met with Jim Ruth, General Manager of the Orange County Sanitation District, and spoke with him regarding the District's request for representation on their Board of Directors. 9.4. General Counsel's Report Mr. Kidman commented on a new ruling by the Attorney General precluding a majority of city council members from attending a private facilities tour offered by the Metropolitan Water District. Mr. Kidman further commented on a recent Supreme Court ruling abolishing redevelopment agencies (RDAs). Mr. Kidman stated that he found that the District would not qualify as the largest special district within Yorba Linda's RDA and therefore would not be eligible to have a representative appointed to the new RDA Oversight Board. Director Barbre also commented on the Attorney General and Supreme Court's rulings. 9.5. Future Agenda Items and Staff Tasks Director Beverage asked when the next budget workshop was to be scheduled. Potential dates will be provided to the Board shortly. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held February 8, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled March 14, 2012 at 4:00 p.m. 10.2. Finance-Accounting Committee (Kiley/Hawkins) Next meeting is scheduled February 27, 2012 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held February 14, 2012 at 4:00 p.m, were provided in the agenda packet. Next meeting is scheduled March 6, 2012 at 4:00 p.m. 5 2012-030 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held February 7, 2012 at 11:00 a.m. were provided in the agenda packet. The meeting scheduled March 1, 2012 at 4:00 p.m. was rescheduled to March 12, 2012 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held February 6, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled March 5, 2012 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Next meeting is scheduled March 27, 2012 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) Next meeting is scheduled February 27, 2012 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. MWDOC Board — February 15, 2012 (Staff) Mr. Vecchiarelli attended and commented on a water trailer grant agreement and new director division boundaries which were discussed during the meeting. 11.2. OCWD Board — February 15, 2012 (Kiley/Staff) Director Kiley attended and commented on the increase of the Replenishment Assessment to support the Groundwater Expansion Project which was discussed during the meeting. 11.3. YL Planning Commission — February 15, 2012 (Collett) Director Collett attended and reported on two public hearings regarding a fencing limitation waiver and a conditional use permit variance in the Valley View Shopping Center which were held during the meeting. 1 6 2012-031 11.4. YL City Council — February 21, 2012 (Melton) Director Melton attended and commented on a presentation regarding the Orange County Local Agency Formation Commission which was provided during the meeting. Director Melton also commented on appointments to the RDA Oversight Board and the 2011 Police Department Annual Report which were discussed during the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from February 24, 2012 — March 31, 2012 The Board reviewed the listed meetings and made no additional changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. Children's Water Education Festival — March 28-29, 2012 Director Beverage made a motion, seconded by Director Collett, to authorize Director attendance at the above listed event. Motion carried 5-0. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 4:51 p.m. All Directors were present. Also present were Messrs. Vecchiarelli, Kidman, Beltran, and Gagen and Mrs. Knight. 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 al (OC Superior Court - Case No. 00320239) Name of Case: Travelers Commercial Insurance Company vs. YLWD (OC Superior Court - Case No. 00327152) 7 2012-032 Name of Case: Manista vs. YLWD, et at (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) Messrs. Vecchiarelli, Kidman, Beltran, and Gagen left the Closed Session following discussion of this matter. 14.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 5:50 p.m. President Hawkins announced that no action was taken during either Closed Session that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 5:50 p.m. The next regular meeting of the Board of Directors will be held March 8, 2012 at 8:30 a.m. Ke neth R. Vecchiarelli Board Secretary 8