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HomeMy WebLinkAbout2012-09-13 - Board of Directors Meeting Minutes 2012-161 MINUTES OF THE ' YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 13, 2012, 8:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 13, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:00 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 Gina Knight, HR/Risk Manager Gary T. Melton, Vice President Lee Cory, Operations Manager Michael J. Beverage Stephen Parker, Finance Manager Ric Collett Art Vega, Interim IT Manager Robert Kiley Anthony Manzano, Senior Project Manager Joe Polimino, Project Engineer Damon Micalizzi, Public Information Officer Cindy Botts, Management Analyst Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, MWDOC 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. Director Beverage suggested that President Hawkins might consider opening the meeting to Public Comments once more following the Closed ' Session as Mr. Brett Barbre was planning to attend. President Hawkins agreed. 1 2012-162 6. COMMITTEE REPORTS ' 6.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held August 27, 2012 at 8:30 a.m. were provided in the agenda packet. Mr. Mole provided a report regarding matters discussed during the meeting including a presentation provided by Mr. Kidman on the conclusion of litigation related to the Freeway Complex Fire. Next meeting is scheduled September 24, at 8:30 a.m. Mr. Mole left the meeting at this time. 7. CLOSED SESSION The meeting was adjourned to Closed Session at 8:05 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Kreisler, Kidman, and Beltran. 7.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager ' 7.2. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code The Board reconvened in Open Session at 9:09 a.m. Mr. Kreisler announced that in regards to Item No. 7.1., the Board of Directors unanimously determined to finalize the April 2011—June 2012 performance evaluation of the General Manager. Mr. Kreisler further announced that in regards to Item No. 7.2., the Board of Directors unanimously adopted a Settlement Agreement and General Release signed by the General Manager and his attorney on or about August 22, 2012 and the Board likewise unanimously accepted the General Manager's resignation effective August 29, 2012. Mr. Kreisler left the meeting at this time. PUBLIC COMMENTS CONTINUED President Hawkins opened the meeting to Public Comments. None were provided. ' 2 2012-163 ' 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5-0. 8.1. Minutes of the Board of Directors Regular Meeting Held August 23, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$3,271,079.97. 8.3. Progress Payment No. 3 for the Yorba Linda Blvd Pipeline Project Recommendation: That the Board of Directors approve Progress Payment No. 3 in the net amount of S502,550.00 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. 8.4. Final Progress Payment No. 8 for Well No. 20 Wellhead Equipping Project ' Recommendation: That the Board of Directors approve Final Progress Payment No. 8, in the net amount of $60,823.35, to Pascal & Ludwig Constructors and 10% retention of $6,758.15; 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 Well No. 20 Wellhead Equipping Project, Job No. 200711. 8.5. Final Progress Payment No. 17 for the Highland Booster Pump Station Replacement Project Recommendation: That the Board of Directors approve Final Progress Payment No. 17, in the net amount of $251,845.08, to Pacific Hydrotech Corporation and 10% retention of $27,982.79; 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 Highland Booster Pump Station Replacement Project, Job No. 200814. ' 8.6. Unaudited Financial Statements for the Period Ending June 30, 2012 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending June 30, 2012. 3 2012-164 8.7. Rescheduled Board Meeting and Close District Offices in Observation of ' Veteran's Day Recommendation: That the Board of Directors reschedule the Board meeting on Thursday, November 22, 2012 to Wednesday, November 21, 2012 at 8:30 a.m. and close the District offices on Monday, November 12, 2012 in observance of Veteran's Day. 9. ACTION CALENDAR 9.1. Yorba Linda High School Park Pipeline Relocation Mr. Manzano explained that the proposed park would be located south of the Yorba Linda High School on PYLUSD's property. The project will include nearly 18-feet of fill over the District's existing 39-inch diameter Bryant Cross Feeder pipeline. This will require the pipeline to be relocated at the District's expense per the pre-annexation agreement with PYLUSD. Staff has received 3 proposals for engineering services related to the relocation of this pipeline and is recommending award to Webb Associates. Director Collett stated that the Planning-Engineering- Operations Committee had reviewed this matter and agreed with staffs recommendation. Mr. Manzano then responded to questions from the Board regarding possible disruption to the nearby high school. Director Collett made a motion, seconded by Director Kiley, to authorize , execution of a PSA with Webb Associates in the not-to-exceed amount of $20,700 to provide professional engineering services for relocation of the 39-inch Bryant Cross Feeder pipeline. Motion carried 5-0. 9.2. Elective Water Meter Resizing Policy Mr. Parker explained that the proposed policy addresses both increasing and decreasing meter sizes at the customer's request. Customers will be required to obtain a professional engineer's opinion at their own cost. In addition, they will have to sign a waiver releasing the District from consequences resulting from altering their meter size. The customer will also be responsible for District labor and material costs associated with changing out the meter. The Executive-Administrative-Organizational Committee reviewed this matter at their meetings on July 30, 2012 and August 22, 2012 and support staffs recommendation. Mr. Parker further explained that Ms. Botts was primarily responsible for developing the policy and was in attendance at the meeting to respond to any related questions. Mr. Parker then responded to questions from the Board regarding the number of requests staff had already received from customers to change out their meters. Director Kiley made a motion, seconded by Director Melton, to approve , Policy No. 3040-12-01 allowing elective water meter resizing for customers. Motion carried 5-0. 4 2012-165 ' 9.3. Proposed Revision of Budgeted Positions Mrs. Knight explained that at the start of business on September 5, 2012 the District's Executive Secretary notified her that she had accepted employment with another agency. President Hawkins and Director Beverage were then notified of this development. This matter was subsequently added to the agenda during the September 5, 2012 Board of Directors meeting. The Board then discussed this issue and determined that this was a key position within the organization and that the salary needed to be adjusted to the market. The Board elected to adjust the salary and directed the Human Resources Manager to negotiate with the Executive Secretary for continued employment with the District and to bring back a resolution for Board adoption to revise the budgeted positions for Fiscal Year 2012/13 at the next Board meeting. Director Beverage made a motion, seconded by Director Melton, to adopt Resolution No. 12-20 Revising the Budgeted Positions for Fiscal Year 2012113 and Rescinding Resolution No. 12-15. Motion carried 5-0 on a roll call vote. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report ' President Hawkins noted that he would not be in attendance at the next regular Board meeting as he was involved in the Anaheim Mayor's Prayer Breakfast being held the same morning. Vice President Melton will chair the meeting in President Hawkins' absence. 10.2. Directors' Report Director Melton requested that authorization for Director attendance at the Yorba Linda Mayor's Prayer Breakfast on October 18, 2012 be included on the agenda for the next Board meeting. UWI Annual Water Policy Conference —August 22-24, 2012 (Kiley) Director Beverage made a motion, seconded by Director Melton, to authorize Director Kiley's attendance at the above listed conference. Motion passed 5-0. 10.3. Acting General Manager's Report Mrs. Knight noted that Mr. Conklin's report was provided in the agenda packet. Director Kiley briefly reported on his attendance at the UWI Annual Water ' Policy Conference and stated that it would be well worth attending again next year. 5 2012-166 10.4. General Counsel's Report ' Mr. Kidman stated that he did not have anything to report but that there was a need for the second Closed Session. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS CONTINUED 11.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held August 22, 2012 at 3:00 p.m. were provided in the agenda packet. Next meeting is scheduled September 21, at 12:00 p.m. 11.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held August 27, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled September 26, 2012 at 4:00 p.m. , 11.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held September 6 at 10:00 a.m. will be provided at the next regular Board meeting. Next meeting is scheduled October 9, 2012 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held September 6, 2012 at 3:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled October 4, 2012 at 3:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held September 4, 2012 at 4:00 p.m. were ' provided in the agenda packet. Next meeting is scheduled October 1, 2012 at 4:00 p.m. 6 2012-167 ' 11.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Next meeting is scheduled September 25, 2012 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. ISDOC —August 30, 2012 (Kiley) Director Kiley attended and noted that the presentation provided by Chief Keith Richter from OCFA was very informative. Director Beverage stated that a representative from OCFA was also scheduled to provide a presentation to the District's Citizen Advisory Committee members at their October meeting. 12.2. YL City Council — September 4, 2012 (Hawkins) Director Hawkins stated that he went to the meeting but unfortunately had not received notice that it had been cancelled. 12.3. MWDOC/MWD Workshop — September 5, 2012 (Melton/Staff) Director Melton stated that he was unable to attend this meeting as there was a Board meeting scheduled the same morning. 12.4. OCWD Board — September 5, 2012 (Kiley/Staff) Director Kiley attended and commented on the status of the District's joint request for annexation to OCWD. 12.5. WACO — September 7, 2012 (Kiley) Director Kiley attended and commented on a presentation provided by Col. Mark Toy, LA District Commander for the US Army Corps of Engineers. Mr. Kidman also commented on Col. Troy's presentation as well as Santa Ana Watershed Project Authority's "One Water One Watershed" plan. 12.6. YL Planning Commission — September 12, 2012 (Kiley) Director Kiley attended and but did not have any District related business to report. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from September 14, 2012 — October 31, 2012 The Board reviewed the activity calendar and made no changes. 7 2012-168 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS ' 14.1. Joint Agency Emergency Planning Workshop — September 25, 2012 14.2. OCWD Groundwater Adventure Tour— October 18, 2012 Director Collett stated that he was planning to attend this event. Director Melton noted that there was a conference that he was interested in attending in October. Staff will add authorization for Director attendance at this conference on the agenda for the next Board meeting. Director Beverage made a motion, seconded by Director Kiley, to authorize Director attendance at the above listed events (Item Nos. 14.1. and 14.2.) 15. CLOSED SESSION CONTINUED The meeting was adjourned to Closed Session at 9:31 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Kidman and Beltran. 15.1. 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) 15.2. Conference with Legal Counsel —Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One (Confidential communication from ACWA/JPIA defense counsel regarding threat of new case against District.) The Board reconvened in Open Session at 9:55 a.m. President Hawkins announced that no action was taken during this Closed Session that was required to be reported under the Brown Act. 16. ADJOURNMENT 16.1. The meeting was adjourned at 9:56 a.m. The next regular meeting of the Board of Directors will be held Thursday, September 27, 2012 at 8:30 a.m. , Annie Alexander �T Assistant Board Secretary 8