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HomeMy WebLinkAbout2012-03-22 - Board of Directors Meeting Minutes r 2012-041 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING March 22, 2012 1. CALL TO ORDER The March 22, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 4:00 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 John DeCriscio, Chief Plant Operator Cindy Botts, Management Analyst Annie Alexander, Executive Secretary ALSO PRESENT Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP Eddy Beltran, Senior Associate, Kidman Law LLP Robert Kostrenich, Attorney, Barber & Bauermeister David Ramocinksi Bob Short Kathy Short Mark Schock 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli requested that Item No. 7. be taken before Item No. 6. President Hawkins agreed. 1 1 2012-042 5. PUBLIC COMMENTS ' President Hawkins opened the meeting to public comments not related to matters on the agenda. Mr. Schock stated that he would like to address the Board when Item Nos. 6. and 10.4. were discussed. No other comments were provided at this time. 7. CONSENT CALENDAR Director Beverage requested to remove Item No. 7.9. from the Consent Calendar. Director Collett stated that he would need to abstain from voting on Check No. 58739 on Item No. 7.2. as has a financial interest with the vendor. Director Beverage made a motion, seconded by Director Kiley, to approve the remainder of the Consent Calendar. Motion carried 5-0. 7.1. Minutes of the Board of Directors Regular Meeting Held March 8, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,400,304.13. ' 7.3. Progress Payment No. 1 for Construction of Green Crest Lift Station Repairs Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $3,715.35 to Pascal & Ludwig Constructors for construction of the Green Crest Lift Station Repairs, Job No. 2011-16S. 7.4. Progress Payment No. 4 for Well No. 20 Well Head Project Recommendation: That the Board of Directors approve Progress Payment No. 4 in the net amount of $116,526.15 to Pascal & Ludwig Constructors for construction of the Well No. 20 Well Head Equipping Project, Job No. 200711. 7.5. Progress Payment No. 14 for the Highland Booster Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 14 in the net amount of $198,360.00 to Pacific Hydrotech Corporation for construction of the Highland Booster Pump Station Project, Job No. 200814. , 2 2012-043 ' 7.6. Final Progress Payment No. 6 for Construction of the Ohio St and Oriente Dr Pipeline Replacement Project Recommendation: That the Board of Directors approve Final Progress Payment No. 6, in the net amount of$148,558.50, to Mamco Construction and 10% retention of $16,506.50; 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 Ohio Street and Oriente Drive Pipeline Project, Job No. 201006. 7.7. Change Order No. 1 for Fairmount Reservoir Valve Replacement Project Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of $0.00 (a no-cost time extension) and a 37 calendar-day time extension to Pascal & Ludwig Constructors, Inc. for the Fairmont Reservoir Valve Replacement Project. 7.8. Well No. 20 Engineering Services Amendment No. 4 with Civiltec Engineering, Inc. ' Recommendation: That the Board of Directors authorize approval of Engineering Services Amendment No. 4 with Civiltec Engineering, Inc. for additional services not to exceed S6,730, resulting in a total fee of $103,065. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.9. Award of Construction Contract for Yorba Linda Blvd Pipeline Project Director Beverage requested additional clarification regarding the information provided to staff concerning the performance of Garcia Juarez Construction, Inc. (GJC). Mr. Conklin summarized staffs review process of GJC's bid, references, and supplemental documentation. Director Beverage inquired about the justification for recommending that the contract be awarded to GJC instead of the second lowest responsible bidder. Mr. Kidman explained the legal requirements involved with reviewing bids and awarding public works contracts. Director Collett made a motion, seconded by Director Kiley, to authorize the President and Secretary to execute a construction agreement between Garcia Juarez Construction, Inc. and the Yorba Linda Water District for the Yorba Linda Blvd. Pipeline Project in the amount of$1,681,650, subject to the approval as to form by General Counsel. Motion carried 4-1 with Director Beverage voting No. 3 2012-044 5. PUBLIC COMMENTS CONTINUED ' Mr. Schock requested that the Board of Directors consider taking Item No. 10.4. following Item No. 6.1. as the topics were related. President Hawkins agreed. Mr. Shock then addressed the Board regarding some trees near the Hidden Hills booster pump station. Mr. Schock was concerned that they may pose a fire hazard to the structure and stated that he previously requested that the District consider removing them in February, June and October of 2009. Director Beverage requested staff to review the minutes from the Board meetings during these months and report back to the Board regarding this matter. 6. DISCUSSION ITEMS 6.1. Operational Practices During Red Flag Days Mr. DeCriscio provided the Board with a PowerPoint presentation concerning water production operations during red flag/high wind warnings. Mr. DeCriscio and Mr. Vecchiarelli then responded to questions from the Board regarding water quality issues and reserve levels for District reservoirs. Mr. Schock addressed the Board and commented on his attendance at a recent Planning-Operations-Engineering (PEO) Committee meeting and the status of a request for public records he had submitted. Mr. Shock ' explained that the purpose of his records request was to evaluate the fill levels for District reservoirs on days when a flag warning had been issued. Mr. Schock further stated that he didn't believe that enough detail had been provided in the minutes of the PEO Committee meeting where this matter was previously discussed and that he would be happy to provide staff a copy of his audio recording of the meeting so that the minutes could be revised. Mr. Ramocinski addressed the Board and commented on his attendance at the same PEO Committee meeting. Mr. Vecchairelli then responded to questions from Mr. Ramocinski regarding the method used to pump water up to the Hidden Hills reservoir, upgrades to the Santiago booster pump station since the Freeway Complex Fire, and fill levels of the new Hidden Hills reservoir. Mr. Ramocinski then inquired about the status of the Santiago booster pump station during the Freeway Complex Fire. Mr. Vecchiarelli explained that he could not comment any further as Mr. Ramocinski and other members of the audience were parties in pending litigation related to this matter. Mr. Ramocinksi then asked about the District's priorities in regards to water storage for regular consumption, fire flow, and emergency reserves. Mr. Kidman briefly commented on the District's provision of potable water ' as its primary service, the provision of fire flow as an auxiliary service, and associated legal concerns. 4 2012-045 ' Mr. Ramocinski concluded his comments and expressed concern regarding the fill levels of District reservoirs during red flag warnings. Mr. Short addressed the Board and asked for confirmation that the District was not legally obligated to provide water for firefighting purposes. Mr. Kidman agreed with this statement. Mr. Vecchiarelli summarized staff's efforts to provide fire flow in all of its reservoirs while maintaining water quality. Director Hawkins asked Mr. Schock if he could leave a copy of his audio recording of the PEO meeting with Ms. Alexander. Mr. Schock agreed. Mr. Schock then described the information he was seeking in his initial request for records. Following further discussion, Mr. Vecchiarelli stated that a copy of Mr. Schock's original request and subsequent revised request would be forwarded to the Board and copied to Mr. Schock for their reference. Director Beverage requested that staff prepare a public records request policy for review by the Executive-Organizational-Administrative and Citizens Advisory Committees after which it would be presented to the ' Board for consideration. Mr. Schock concluded his comments and volunteered his time to assist staff in obtaining the records he was seeking. 8. ACTION CALENDAR 8.1. CSDA Board of Directors Call for Nominations Mr. Vecchiarelli explained that CSDA was seeking nominations for a seat on their Board of Directors. The Board could choose to nominate one of the Directors or the General Manager to serve in this capacity. Following posting and distribution of the agenda, staff also received a request from the Vista Irrigation District to adopt a resolution nominating Jo MacKenzie for this seat. A copy of this request was provided to the Board at the meeting. Mr. Vecchiarelli suggested that the Board consider making a nomination after the District had completed participation in CSDA's District of Distinction program. Following brief discussion, no Directors expressed an interest in making a nomination at this time. 5 2012-046 8.2. Training Opportunities for Board and Executive Staff ' Mr. Vecchiarelli provided an overview of the training needed for the Board and management staff in order for the District to apply for CSDA's District of Distinction accreditation. Director Melton made a motion, seconded by Director Collett, to commence initial training at the District of Distinction level for itself and for management staff, with voluntary additional training in the future towards further recognition, potentially including CSDA's Leadersip Academy and Recognition in Special District Governance. Motion carried 5-0. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports MWD San Jacinto Tunnel Inspection Tour— March 15, 2012 (Melton) Director Melton provided a report on his attendance of this tour. WACO Municipal Bond & Debt Financing Workshop — March 21, 2012 (Hawkins) , Director Hawkins provided a report on his attendance at this meeting. 9.3. General Manager's Report None. 9.4. General Counsel's Report None. 9.5. Future Agenda Items and Staff Tasks No other tasks were assigned to staff at this time. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held March 14, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled April 16, 2012 at 4:00 p.m. 10.2. Finance-Accounting Committee ' (Kiley/Hawkins) Next meeting is scheduled March 26, 2012 at 4:00 p.m. 6 2012-047 ' 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held March 6, 2012 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held March 20, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled April 10, 2012 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held March 12, 2012 at 4:00 p.m. were provided in the agenda packet. Director Collett requested staff to revise these minutes using the audio recording provided by Mr. Schock and present them to the Board for review at the next regular meeting. Next meeting is scheduled April 9, 2012 at 4:00 p.m. ' 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held March 5, 2012 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held March 19, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled April 2, 2012 at 4:00 p.m. (This meeting was subsequently rescheduled to April 9, 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 March 26, 2012 at 8:30 a.m. 7 2012-048 11. INTERGOVERNMENTAL MEETINGS ' 11.1. YL City Council — March 20, 2012 (Melton) Director Melton attended and commented on the contract for police service which was discussed during the meeting. 11.2. MWDOC Board — March 21, 2012 (Melton/Staff) Director Melton and reported that a new Board member had been appointed. 11.3. OCWD Board — March 21, 2012 (Kiley/Staff) Director Kiley attended and commented on the availability of replenishment water and below average rainfall which were discussed during the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from March 23, 2012 —April 30, 2012 Mr. Vecchiarelli announced that the Board Workshop meeting originally scheduled for Thursday, April 5, 2012 had been rescheduled to Wednesday, April 11, 2012 at 4:00 p.m. Director Collett announced that he would not be able to attend the ISDOC meeting on March 29, 2012. Director Kiley stated that he could attend in Director Collett's place if t needed. No other changes were made to the listed meetings. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. MWDOC Elected Officials Forum —April 5, 2012 MWD Spring Green Expo — May 3, 2012 ACWA/JPIA Spring Conference - May 7-8, 2012 ACWA Spring Conference — May 8, 2012 OC Water Summit— May 18, 2012 Director Beverage made a motion, seconded by Director Melton, to authorize Director attendance at the above listed events. Motion carried 5-0. Director Melton was designated to attend the MWDOC Elected Officials Forum as the District's official representative. 1 8 r 2012-049 ' 14. CLOSED SESSION The meeting was adjourned to Closed Session at 6:11 p.m. All Directors were present. Also present were Messrs. Vecchiarelli, Kidman, Beltrans, 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, at 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) Name of Case: Manista vs. YLWD, et al (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: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) ' Messrs. Vecchiarelli, Kidman, Beltrans, and Gagen left the Closed Session following discussion of this item. 9 2012-050 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 6:50 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 6:51 p.m. The next regular meeting of the Board of Directors will be held April 12, 2012 at 8:30 a.m. Ke eth R. Vecchiarelli Board Secretary 1 10