Loading...
HomeMy WebLinkAbout2012-04-26 - Board of Directors Meeting Minutes 2012-067 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING April 26, 2012 1. CALL TO ORDER The April 26, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 6:31 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 Steve Conklin, Engineering Manager Michael J. Beverage Lee Cory, Operations Manager ' Ric Collett Gina Knight, Human Resources Manager Robert R. Kiley Stephen Parker, Finance Manager Art Vega, Interim IT Manager Cindy Botts, Management Analyst Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Modesto Llanos, Member, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre addressed the Board and commented on a report soon to be released from the Orange County Grand Jury regarding special districts, the upcoming LAFCO election, and the current water supply situation. 6. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the ' Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on Check No. 58947 on Item No. 6.4. as he has a financial interest with the vendor. 1 2012-068 6.1. Minutes of the Board of Directors Workshop Meeting Held April 11, 2012 ' Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Regular Meeting Held April 12, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Minutes of the Board of Directors Special Meeting Held April 19, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,145,183.87. 6.5. Progress Payment No. 1 for Fairmont Reservoir Valve Replacement Project Recommendation: That the Board of Directors approve Progress , Payment No. 1 in the net amount of $189,261.00 to Pascal & Ludwig Constructors for construction of Fairmont Reservoir Valve Replacement Project, Job No. 201011. 6.6. Progress Payment No. 6 for Well No. 20 Well Head Project Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $109,244.25 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 6.7. Progress Payment No. 15 for the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 15 in the net amount of $197,135.36 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. 6.8. Change Order No. 2 for Well No. 20 Wellhead Equipping Project Recommendation: That the Board of Directors approve Change Order ' No. 2 in the amount of $10,494.00 and 35 additional calendar days to Pascal and Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 2 2012-069 ' 7. ACTION CALENDAR 7.1. Change Order No. 4 for Fairmont Reservoir Valve Replacement Project Mr. Conklin explained that the coating of existing pipe spools and flanges was not included in the original plans for this project as prepared by the District. Staff obtained a quote for $9,060 from the contractor to perform this additional task and determined that the amount and an 11 day time extension was appropriate for the work required. Director Hawkins asked if this issue had been reviewed by the Planning-Engineering-Operations (PEO) Committee. Mr. Conklin explained that due to the urgency of this project, this matter had been brought straight to the Board for consideration. Director Collett made a motion, seconded by Director Kiley, to approve Change Order No. 4 in the amount of$9,060.00 and an 11 calendar-day time extension to Pascal & Ludwig Constructors, Inc. for the Fairmont Reservoir Valve Replacement Project, Job No. 2010-11. Motion carried 5-0. 7.2. Material Testing Services for Yorba Linda Blvd Pipeline & Booster Station Projects, 2010 Waterline Replacement Project and On-Call Geotechnical ' Services Mr. Conklin explained that staff had issued a Request for Proposal for material testing services for three construction projects and future on-call services in order to enhance efficiency and cost savings. Mr. Conklin and Mr. Vecchiarelli responded to questions from the Board regarding the reasons why this matter had not been reviewed by the PEO Committee before being presented to the Board. Mr. Conklin explained that there was a delay in the review process and due to time constraints, this issue was brought directly to the Board for consideration. Director Beverage suggested that staff consider notifying Committee chairs ahead of time should this same kind of situation happen again in the future. Director Collett made a motion, seconded by Director Kiley, to authorize execution of a Professional Services Agreement with Hushmand Associates, Inc. for a fee not to exceed $130,000, to provide material testing services for the Yorba Linda Blvd Pipeline & Booster Station Projects, 2010 Waterline Replacement Project and On-Call Geotechnical Services. Motion carried 5-0. 7.3. Election of Regular and Alternate LAFCO Commissioners Mr. Vecchiarelli explained that the Orange County Special District ' Selection Committee would be holding an election for the special district representative seat on LAFCO. LAFCO has requested that the Board designate one Director and an alternate to cast the Districts ballot for this election. The Board may also choose to nominate a candidate for this 3 2012-070 seat. Director Hawkins stated that he may have a conflict of interest if he ' was designated to cast the District's vote as he currently serves as Chair of the Orange County Special District Selection Committee. Brief discussion regarding Directors Hawkins' concern followed. Director Barbra addressed the Board and stated that he didn't think it would be a conflict of interest for Director Hawkins to serve in both capacities. Director Collett made a motion, seconded by Director Beverage, to designate Director Hawkins as the District's primary voting representative and Director Melton as the alternate voting representative in the Orange County Special District Selection Committee election. Motion carried 5-0. No Directors expressed an interest in making a nomination for a LAFCO candidate at this time. 7.4. ACWA Health Benefits Authority Transfer to ACWA/JPIA Mrs. Knight explained that to proceed with the transfer of ACWA HBA to ACWA/JPIA, the Board would need to adopt a resolution consenting to join the Employee Benefits Program of ACWA/JPIA and ratify the termination of ACWA HBA's Joint Powers Agreement. Failure to return an approved resolution by June 29, 2012 could result in loss of health insurance coverage for District employees. ' Director Beverage made a motion, seconded by Director Collett, to adopt Resolution No. 12-09, consenting to join the health benefits program of ACWA/JPIA and ratifying the dissolution of the ACWA Health Benefits Authority Joint Powers Agreement. Motion carried 5-0 on a roll call vote. 7.5. Board Communications Reimbursement Policy Mr. Vecchiarelli explained that at the direction of the Executive- Administrative-Organizational Committee, staff had drafted a resolution and policy for the acquisition and reimbursement of communications devices for the Directors to receive digital copies of agenda packets and other documents. This would eliminate the need for staff to copy and deliver paper agenda packets resulting in increased savings for the District. The Board approved funds in the current budget to support this program and while participation would be voluntary, staff would discontinue the distribution of paper agenda packets beginning July 1, 2012. Mr. Vecchiarelli then responded to questions from the Board regarding the discontinuation of producing paper agenda packets and concerns related to the subpoenaing of information stored on electronic devices. Director Melton made a motion, seconded by Director Collett, to adopt and , implement Resolution No. 12-10 Setting Board Communications Reimbursement Policy. Motion carried 3-2 with Directors Beverage and Collett voting No on a roll call vote. 4 2012-071 7.6. Water Rate Study 2012 Mr. Parker explained that staff was requesting that the Board receive and file the water rate study. This document will provide additional information to District customers regarding the proposed water rate increase and change to the monthly meter charge. Director Collett made a motion, seconded by Director Beverage, to receive and file the Water Rate Study 2012. Motion passed 5-0. Brief discussion regarding comments provided by the Citizens Advisory Committee and the possibility of offering some residential customers the opportunity to downgrade to a smaller meter size followed. Mr. Vecchiarelli distributed a handout containing information on the number and type of customers with 1'/2" and 2" meters. 7.7. Notice of Proposed Water Rate Increase and Schedule of Public Hearing Mr. Parker explained that staff was requesting that the Board authorize staff to mail a notice of the proposed water rate increase to District customers as well as schedule a public hearing in June to consider the matter. Director Barbre addressed the Board and suggested that legal counsel look into the possibility of providing this notice electronically to ' those customers who currently receive their billing statements in this manner. Brief discussion regarding Directors Barbre's suggestion followed and the Board requested that staff consider looking into this notification option for a future notice. Director Beverage made a motion, seconded by Director Collett, to authorize staff to mail a Notice of Proposed Water Rate Increase to the District's customers notifying them of proposed changes to their water rate for the upcoming three fiscal years and schedule a Public Hearing on June 21, 2012 at 6:30 p.m. Motion passed 5-0. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report None. 8.2. Directors' Reports None. 8.3. General Manager's Report ■ SAWPA Commission Meeting —April 17, 2012 ' Mr. Vecchiarelli reported that he attended this meeting along with a few other local water district representatives. At the meeting, Mr. Vecchiarelli submitted a letter to the SAWPA Chair requesting that the Commission consider revising Memorandums 8618 and 8622 to 5 2012-072 include all water rate structures endorsed by the California Urban ' Water Conservation Council which would enable the District to qualify for future OWOW funding. As a result, the OWOW Steering Committee will be discussing this request at a special meeting in May after which the memorandums will be presented to the SAWPA Commission for consideration a second time. Staff plans to attend these two meetings and will report the results back to the Board. Mr. Vechiarelli further reported that he planned to attend a General Manager Leadership Summit being hosted by CSDA this July. The summit would provide him with 16 CEU credits which will be counted towards the District's participation in CSDA's District's of Distinction accreditation program. Mr. Vecchiarelli then confirmed that the Directors planned to attend the District facilities tour scheduled May 31, 2012. The Board suggested that staff invite elected officials from the City of Yorba Linda and City of Placentia to attend. 8.4. General Counsel's Report Mr. Kidman reported that his office had just completed its first report on bills for the 2012 legislative session, a copy of which will be provided to staff shortly. Mr. Kidman then commented on the status of the 2009 water bond package and pension reform. Mr. Kidman then stated that he would ' not be able to attend the next Board of Directors meeting as he would be attending the ACWA conference in Monterey. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held April 16, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled May 9, 2012 at 4:00 p.m. 9.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held April 23, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. , Next meeting is scheduled May 23, 2012 at 4:00 p.m. 6 2012-073 ' 9.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held April 10, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled May 8, 2012 at 4:00 p.m. 9.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held April 9, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled May 3, 2012 at 4:00 p.m. 9.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held April 9, 2012 at 4:00 p.m. were provided in the agenda packet. ' Next meeting is scheduled May 7, 2012 at 4:00 p.m. 9.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Minutes of the meeting held March 27, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled May 22, 2012 at 4:00 p.m. 9.7. Citizens Advisory Committee (Beverage) Minutes of the meeting held April 23, 2012 at 8:30 a.m. will be provided at the next regular Board meeting. Next meeting is scheduled May 29, 2012 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS ' 10.1. WACO —April 13, 2012 (Hawkins/Kiley) Directors Kiley attended and commented on a presentation regarding the water supply conditions which was provided at the meeting. 7 2012-074 10.2. YL City Council —April 17, 2012 (Melton) ' Director Melton attended commented on a ground lease with the Yorba Linda Friends Church which was discussed during the meeting. 10.3. MWDOC Board —April 18, 2012 (Melton/Staff) Director Melton attended but did not have any District related business to report. 10.4. OCWD Board —April 18, 2012 (Kiley/Staff) Director Kiley attended and reported that the Replenishment Assessment and Basin Production Percentage for FY 2012/13 had been approved at the meeting. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from April 27, 2012 — May 31, 2012 The Board reviewed the listed meetings and made no changes. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:25 p.m. All Directors were present. Also present were Messrs. Vecchiarelli, Kidman and Beltrans, and Mrs. Knight. 12.1. 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, at al vs. YLWD, at 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, at 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, at al (OC Superior Court - Case No. 00332968) ' Name of Case:. American Security Insurance Company, et al vs. YLWD (OC Superior Court - Case No. 00348304) 8 2012-075 ' 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: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et at (OC Superior Court — Case No. 00486884) 12.2. 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) The Board reconvened in Open Session at 7:47 p.m. President Hawkins announced that no action was taken during either Closed Session that was required to be reported under the Brown Act. 13. ADJOURNMENT ' 13.1. The meeting was adjourned at 7:48 p.m. The next regular meeting of the Board of Directors will be held May 10, 2012 at 8:30 a.m. Kenneth R. Vecchiarelli Board Secretary 9