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HomeMy WebLinkAbout2012-08-09 - Board of Directors Meeting Minutes 2012-143 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 9, 2012, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The August 9, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:35 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 President Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Steve Conklin, Acting General Manager Gary T. Melton, Vice President Gina Knight, Human Resources Manager ' Michael J. Beverage Stephen Parker, Finance Manager Ric Collett Art Vega, Interim IT Manager Robert R. Kiley John DeCriscio, Chief Plant Operator Jesus Sosa, Construction Inspector Harold Hulbert, Operations Assistant Rachel Padilla, Customer Service Supervisor Pati Medina, Customer Service Rep III Cindy Botts, Management Analyst Cody Peterson, Public Affairs Intern Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Richard Kreisler, Partner, Liebert Cassidy Whitmore Daniel Mole, Chair, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA None. ' 5. PUBLIC COMMENTS None. 1 2012-144 6. SPECIAL RECOGNITION ' 6.1. Recognition of Employees for Their Service to the District • Harold Hulbert, Operations Assistant (5 Years) • Jesus Sosa, Construction Inspector (5 Years) • John DeCriscio, Chief Plant Operator (15 Years) • Pati Medina, Customer Service Representative (20 Years) Mr. DeCriscio introduced Mr. Hulbert and provided an overview of his work history. Mr. Conklin introduced Messrs. Sosa and DeCriscio and provided an overview of their work history. Mr. Parker introduced Ms. Medina and provided an overview of her work history. Mr. Conklin presented Messrs. Hulbert, Sosa and DeCriscio and Ms. Medina with a pin commemorating the number of years they had worked for the District. The Board then commended these staff members for their dedication. Messrs. Hulbert, Sosa and DeCriscio and Messes. Medina and Padilla left the meeting at this time. 7. COMMITTEE REPORTS ' 7.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held July 23, 2012 at 8:30 a.m. were provided in the agenda packet. Mr. Mole and Director Beverage provided an overview of matters that were discussed during the meeting. Next meeting is scheduled August 27, 2012 at 8:30 a.m. Mr. Mole and Director Barbre left the meeting at this time. 8. CONSENT CALENDAR Director Kiley made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5-0. 8.1. Minutes of the Board of Directors Special Meeting Held July 19, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Regular Meeting Held July 26, 2012 ' Recommendation: That the Board of Directors approve the minutes as presented. 2 2012-145 ' 8.3. Minutes of the Board of Directors Special Meeting Held July 30, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.4. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,381,320.29. 8.5. Investment Report for Period Ending June 2012 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending June 2012. 8.6. Progress Payment No. 2 for the Yorba Linda Blvd Pipeline Project Recommendation: That the Board of Directors approve Progress Payment No. 2 in the net amount of $451,867.50 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. 8.7. Progress Payment No. 3 for Construction of Green Crest Lift Station Repairs Recommendation: That the Board of Directors approve Progress Payment No. 3 in the net amount of $54,643.29 to Pascal & Ludwig Constructors for construction of the Green Crest Lift Station Repairs, Job No. 2011-16S. 9. ACTION CALENDAR 9.1. Approval of Change Orders No. 2 & 3 for Pressure Regulating Stations Upgrade Project, Phase 1 Mr. Conklin explained that these Change Orders had been considered by the Planning-Engineering-Operations (PEO) Committee and were directly tied to Item No. 9.2. The contractor is making good progress on the project even though the wall thicknesses of one of the concrete vaults was considerably thicker than the 9 inches shown on record drawings. Director Collett confirmed that this matter had been reviewed by the PEO Committee. Director Collett made a motion, seconded by Director Kiley, to approve ' Change Orders No. 2 & 3 for 3 additional work days and $14,904.07 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 201108. Motion carried 5-0. 3 2012-146 9.2. Progress Payment No. 1 for Pressure Regulating Station Upgrades, ' Phase 1 Mr. Conklin reported that that one quarter of the total project was now complete. Director Collett noted that PEO Committee had reviewed this matter and that the contractor was ahead of schedule. Director Collett made a motion, seconded by Director Kiley, to approve Progress Payment No. 1 in the net amount of $86,601.12 to Vido Samarzich, Inc. for construction of Pressure Regulating Station Upgrades Project, Phase 1. Job No. J-201108. Motion carried 5-0. 9.3. Line of Credit Value Mr. Parker explained that the Board previously considered obtaining a line of credit from Wells Fargo in the amount of $7 million at a workshop meeting held in April. Staff is requesting confirmation of this dollar amount. Following brief discussion, the Board decided not to take action on this matter as the dollar amount was included in the recently approved budget for FY 2012/13. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report None. , 10.2. Interim General Manager's Report Mr. Conklin and Mr. DeCriscio reported on staff's response following the 2 earthquakes. Both then responded to questions from the Board regarding reservoir storage following these types of events. Mr. Conklin further reported that staff had submitted the District's response to the NOP for the proposed Cielo Vista development project. Two additional responses have been submitted by the City of Yorba Linda and LAFCO. Concerning the proposed Yorba Linda Estates development project, Mr. Conklin reported that an informational meeting regarding the project has been tentatively scheduled by the developers for August 23, 2012 at 6:00 p.m. at the Travis Ranch School. Staff plans to attend this meeting and will advise the Board once confirmation of the date, time and location has been received. He noted that OCFA has been scheduled to provide a presentation regarding their agency's services to the Citizen's Advisory Committee in October and that annexation of the Locke Ranch area has been completed. Mr. Conklin then concluded his comments and stated that the construction for the Yorba Linda Boulevard Pipeline Project is currently ahead of schedule. Director Beverage commended the contractor for their exemplary cleanup work. 1 4 2012-147 ' 10.3. General Counsel's Report Mr. Kidman reported that he was scheduled to provide a presentation at the next Citizen's Advisory Committee meeting regarding the conclusion of the Freeway Complex Fire litigation. He then commented on the District's ability to regulate the release of the Certificate of Occupancy which would be issued by the District for the proposed Cielo Vista development project. 10.4. Directors' Report Director Collett stated that he would be unavailable to attend meetings from August 12-31, 2012. Director Melton stated that he would be unavailable to attend meetings through August 21, 2012. 10.5. Future Agenda Items and Staff Tasks None. Mr. Conklin invited the Board to attend the staff luncheon and horseshoe tournament taking place later that day. 11. COMMITTEE REPORTS CONTINUED ' 11.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held July 30, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled August 22, 2012 at 4:00 p.m. 11.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held July 23, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled August 27, 2012 at 4:00 p.m. 11.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held August 7, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. ' Next meeting is scheduled September 11, 2012 at 4:00 p.m. 5 2012-148 11.4. Planning-Engineering-Operations Committee ' (Collett/Kiley) Minutes of meeting held August 2, 2012 at 3:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled September 6, 2012 at 3:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held August 6, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled September 3, 2012 at 4:00 p.m. 11.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Minutes of the meeting held July 24, 2012 at 4:00 p.m. Next meeting is scheduled September 25, 2012 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS ' 12.1. MWDOC/MWD Workshop —August 1, 2012 (Melton/Staff) Director Melton attended and commented on a PowerPoint presentation provided during the meeting regarding the status of the Bay-Delta Conservation Plan. The presentation also included an overview of the dual tunnel project which is estimated to be completed in 2026. 12.2. OCWD Board —August 1, 2012 (Kiley/Staff) Director Kiley attended and noted that it was a short meeting and that the draft EIR for the District's annexation to OCWD is expected to be made available in October. Director Hawkins asked if the property for the proposed Cielo Vista development project was included in the annexation request. Mr. Conklin confirmed that it was. 12.3. WACO —August 3, 2012 (Hawkins) Director Kiley attended and commented on a PowerPoint presentation regarding public pensions which was provided during the meeting. 1 6 2012-149 ' 12.4. YL City Council —August 7, 2012 (Hawkins) Director Hawkins attended and commented on a report regarding the status of the proposed Cielo Vista development project. He further stated that he appreciated the comments provided by Councilmembers Rikel, Anderson and Lindsey related to the matter. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from August 10, 2012 — September 30, 2012 The Board reviewed the meetings calendar. Director Collett noted that Director Kiley would be attending the YL Planning Commission meeting on August 15, 2012 and that he believed the subsequent meeting scheduled August 29, 2012 had been cancelled. Ms. Alexander stated that she would verify the cancellation and notify both Directors. Councilmember Rikel left the meeting at this time. 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1. UWI Annual Water Policy Conference — August 22-24, 2012 ISDOC —August 30, 2012 ' Director Kiley expressed an interest in attending both events. On a motion by Director Beverage, seconded by Director Kiley, the Board authorized Director attendance at both of the above listed events. Motion passed 5-0. 15. CLOSED SESSION The meeting was adjourned to Closed Session at 9:14 a.m. All Directors were present. Also present were Messrs. Kidman, Beltran and Kreisler and Mrs. Knight. 15.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 15.2. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code (Item No. 15.3. was not discussed.) ' 15.3. Public Employee Appointment Pursuant to Section 54957 of the California Government Code Title: Interim General Manager 7 2012-150 Mrs. Knight and Mr. Kreisler left the Closed Session at this time. ' 15.4. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) Mr. Conklin and Mrs. Knight joined the Closed Session at this time. Name of Case: City of Yorba Linda vs. Newport Equity Capital Corporation, et al. (OC Superior Court — Case No. 00549459) The Board reconvened in Open Session at 10:28 a.m. President Hawkins announced that no action was taken during Closed Session that was required to be reported under the Brown Act. President Hawkins stated that the Board had scheduled an additional meeting on September 5, 2012 at 9:00 a.m. to conduct a Closed Session. 16. ADJOURNMENT ' 16.1. The meeting was adjourned at 10:29 a.m. The next regular meeting of the Board of Directors will be held Thursday, August 23, 2012 at 8:30 a.m. Annie Alexander Assistant Board Secretary 8