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.
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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.
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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.
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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)
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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.
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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.
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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.
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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)
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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
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