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HomeMy WebLinkAbout2013-10-10 - Board of Directors Meeting Minutes2013 -194 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 10, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 10, 2013 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Melton at 8:30 a.m. The meeting was held in the Board Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. 3. 4. PLEDGE OF ALLEGIANCE President Melton led the pledge. ROLL CALL DIRECTORS PRESENT Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett DIRECTORS ABSENT Phil Hawkins STAFF PRESENT Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources /Risk Manager Delia Lugo, Acting Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Brett Barbre, Director, Metropolitan Water District /Municipal Water District of Orange Co. Gene Hernandez, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee Mark Schock ADDITIONS /DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre invited the Board to attend the 50th anniversary celebration of the Diemer Water Treatment Plant in Yorba Linda on October 25, 2013. The event will include a tour of the new ozone facilities. He also invited the Directors to attend a special tour of the Weymouth Treatment Plant in La Verne scheduled November 8, 2013 and the Colorado River Aqueduct inspection tour scheduled December 6 -8, 2013. Director Barbre then briefly reported on the status of the current water supply situation and the Bay Delta Conservation Plan. 1 2013 -195 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) ■ Minutes of the meeting held September 23, 2013 at 8:30 a.m. were provided in the agenda packet. Mr. Mole provided a report to the Board regarding matters discussed during the meeting including a presentation regarding the Bay Delta Conservation Plan, the status of the District's request for annexation to OCWD, and the completion of an information brochure. The Committee also determined to reschedule the December meeting to December 16, 2013. ■ Next meeting is scheduled to be held October 28, 2013 at 8:30 a.m. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Beverage, to approve the Consent Calendar. Director Collett abstained from voting on the Credit Card Summary included in Item No. 7.3. as he has a financial interest with one of the listed vendors. Motion carried 4 -0 -1 with Director Hawkins being absent. 7.1. Minutes of the Board of Directors Regular Meeting held September 26, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting held September 30, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $464,984.07. 7.4. Progress Payment No. 6 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $52,977.70 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 - 17B. 2 2013 -196 8. ACTION CALENDAR 8.1. Approval of OCWD Annexation Agreement Mr. Conklin provided a brief summary of the District's most recent attempt for annexation to OCWD which began in October 2009. Mr. Conklin reported that OCWD's Board of Directors had voted 10 -0 at their meeting held October 2, 2013 to approve the annexation related documents and authorize initiation proceedings with LAFCO. Mr. Conklin then reviewed the key points and terms included in the annexation agreement and responded to questions from the Board. President Melton thanked Mr. Conklin and Director Barbre for their efforts related to this project. Director Beverage made a motion, seconded by Director Collett, to approve Resolution No. 13 -14 Adopting Findings for Purposes of and Pursuant to the Provisions of the California Environmental Quality Act of 1970 in Connection with the Annexation of 6,258 Acres of Land in the Yorba Linda Water District Boundaries into the Orange County Water District and Approving an Agreement for Annexation to Orange County Water District. Motion carried 4 -0 -1 on a Roll Call vote with Director Hawkins being absent. 8.2. Award of Change Order No. 3 for the 2012 Waterline Replacement Phase II Project Mr. Conklin explained that TBU Construction had submitted a Change Order request for construction of this project as a result of additions, modifications, and District - initiated changes. Mr. Conklin provided an overview of the changes which would result in a cost increase to the contract. Mr. Conklin explained that Engineering and Operations Department staff members were going to work closely together during the design phase of future projects to help mitigate the need for District - initiated changes. Director Kiley stated that the Planning- Engineering- Operations Committee had discussed this matter at its most recent meeting and supported Board approval of the Change Order. Director Kiley made a motion, seconded by Director Collett, to approve Change Order No. 3 in the amount of $34,013.69 and no additional days to TBU Construction Inc., for construction of the 2012 Waterline Replacement Phase 11 Project, Job No. 2011 -20. Motion carried 4 -0 -1 with Director Hawkins being absent. 8.3. Award of Construction Contract for the Drilling of Well No. 21 Mr. Conklin explained that staff had solicited bids for the drilling of Well No. 21. A total of 3 bids were received. Following review, staff is recommending award of the contract to Bakersfield Well & Pump Co. in the amount of $863,345. Director Kiley stated that the Planning - Operations Committee had reviewed this matter at its most recent meeting and supported staff's recommendation. 3 2013 -197 Director Kiley made a motion, seconded by Director Collett, to authorize execution of a Construction Contract to the lowest responsible bidder, Bakersfield Well & Pump Co. in the amount of $863,345 for the Drilling of Well No. 21. Motion carried 4 -0 -1 with Director Hawkins being absent. 8.4. Award of Wellhead Equipping Design for Well No. 21 Mr. Conklin explained had staff solicited proposals for engineering services, bidding support services, and construction management services for the Wellhead Equipping Design for Well No. 21. Staff received proposals from 7 qualified engineering firms. Following a technical review of the proposals, staff is recommending that the design project be awarded to Stantec Consulting Services, Inc. in an amount not to exceed $147,258. Director Kiley stated that the Planning - Engineering - Operations Committee had reviewed this matter at its most recent meeting and supported staff's recommendation. Director Kiley made a motion, seconded by Director Collett, to authorize execution of a Professional Services Agreement with Stantec Consulting Services, Inc. to provide engineering design, bidding support services, and construction management for Wellhead Equipping of YLWD Well No. 21 in the amount not to exceed $147,258. Motion carried 4 -0 -1 with Director Hawkins being absent. 8.5. Amendment No. 1 to Professional Services Agreement with CDM Smith for Hydrogeologic Services for Well No. 21 Mr. Conklin explained that OCWD recently added the requirement that full - time monitoring of the drilling activities for this well be provided by YLWD to ensure that unauthorized discharges of drilling fluids would not be disposed of in OCWD's recharge facilities. At staffs request, CDM Smith has provided the District with a proposal describing the additional time and labor needed to provide this oversight. The amendment to the agreement with CDM Smith includes an increase of $10,620 for the provision of these services. Staff is recommending that the Board approve the amendment. Director Kiley stated that the Planning- Engineering - Operations Committee had reviewed this matter at its most recent meeting and, supported staff's recommendation,. Director Kiley made a motion; seconded by Director Collett, to approve Amendment No. 1 in the amount of $10.620 to CDM Smith for Hydrologic Services to provide full -.time oversight monitoring during the drilling of Well No. 21. Motion carried 4 -0 -1 with Director Hawkins being absent. 8.6. Landscape Contract Approval Change Mr. DeCriscio explained that while preparing the documents related to a landscaping services contract with Marina Landscape that was previously approved by the Board, staff discovered that there had been an error in calculating the total cost (4 sites had not been included). This error was missed by District staff and the vendor during review. Upon discovery of 4 2013 -198 this error, staff also reexamined the proposal submitted by Park West and found that their total cost had been calculated correctly. Staff is once again recommending that award of the contract be made to Marina Landscape. Director Kiley made a motion, seconded by Director Collett, to authorize the General Manager to enter into a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 9 months with service starting on October 1, 2013 and ending on June 30, 2014, with a total contract cost not to exceed $62,320.32. Additionally, that the Board of Directors authorize the General Manager to execute the annual renewal options as provided, if staff remains satisfied with the level of service being provided by Marina Landscape, Inc. Motion carried 4 -0 -1 with Director Hawkins being absent. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report None. 9.2. Directors' Report None. 9.3. Acting General Manager's Report Mr. Conklin reported that a red flag warning had been issued over the previous weekend. Staff took preventative measures to prepare for the high winds and hot weather. Mr. Conklin then invited the Board to participate in an ice cream social scheduled later that afternoon in recognition of District staff for Customer Service Week. Mr. Conklin continued his report and stated that construction was still on schedule for the 2012 Pipeline Replacement Project, that work had just begun on Suncrest for the new pipeline and pressure regulating station, and that the structural steel work was now being completed for the Yorba Linda Blvd Pump Station Project. Mr. Conklin then reminded the Board of the District's Health Benefits Fair scheduled October 15, 2013 during which flu shots will be provided. In conclusion, Mr. Conklin and Mr. Micalizzi provided an overview of the topics to be discussed during the District's presentation at the upcoming YLWD City of Yorba Linda Joint Agency Committee meeting scheduled October 16, 2013. Mr. Mole spoke and suggested that staff provide information regarding the District's red flag procedures (past and current) at this meeting. Mr. Schock also spoke and suggested that staff provide information regarding YLWD's procedures during red flag warnings and power outages as part of the District's presentation at this same meeting. 5 2013 -199 9.4. General Counsel's Report Mr. Kidman commented on the District's efforts in attempting to obtain annexation to OCWD, a process which had taken almost 25 years to complete. Mr. Kidman then stated that a Closed Session would be needed. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS CONTINUED 10.1. Executive - Administrative - Organizational Committee (Melton /Kiley) ■ Minutes of the meeting held September 17, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held October 15, 2013 at 4:00 p.m. 10.2. Finance- Accounting Committee (Hawkins /Melton) • Next meeting is scheduled to be held October 28, 2013 at 12:00 p.m. 10.3. Personnel -Risk Management Committee (Collett /Beverage) • Minutes of the meeting held October 8, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held November 12, 2013 at 4:00 p.m. 10.4. Planning- Engineering- Operations Committee (Kiley /Hawkins) ■ Minutes of the meeting held October 7, 2013 at 12 :00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held November 13, 2013 at 12:00 p.m. 10.5. Public Affairs - Communications - Technology Committee (Beverage!Collett) • Minutes of the meeting held September 25, 2013 at 4:00 p.m. were provided in the agenda packet. 6 2013 -200 ■ Next meeting is scheduled to be held October 14, 2013 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage /Hawkins) • Next meeting to be scheduled. 10.7. YLWD -City of Placentia Joint Agency Committee (Melton /Hawkins) ■ Next meeting is scheduled to be held October 14, 2013 at 9:30 a.m. 10.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley /Beverage) ■ Next meeting is scheduled to be held October 16, 2013 at 7:00 p.m. 10.9. YLWD - MWDOC -OCWD Joint Agency Committee (Beverage /Melton) • Minutes of the meeting held September 24, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held November 26, 2013 at 4:00 p.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC —September 26, 2013 (Kiley) Director Kiley attended and noted that the members were continuing to work on the Committee's mission statement. 11.2. YL City Council — October 1, 2013 (Kiley) Director Kiley attended and commented on the commemoration of Fire Prevention Week, the topics to be addressed during the upcoming YLWD /City of Yorba Linda Joint Agency Committee meeting, and the development of properties with active or abandoned oil wells, all of which were discussed during the meeting. 11.3. MWDOC Board - October 2, 2013 (Melton) .Director Melton attended and commented on a water reuse initiative by the West Basin Municipal Water District which was discussed during the meeting. 11.4. OCWD Board — October 2, 2013 (Kiley) Director Kiley attended and noted that 2 letters had been submitted to OCWD from Golden State Water Company and the City of Placentia expressing opposition to the District's annexation. 7 2013 -201 11.5. YL Planning Commission — October 9, 2013 (Melton) Director Melton was unable to attend this meeting due to a schedule conflict. Mr. Conklin briefly commented on the status of appointments to OCWD's Ocean Desalination Citizens' Advisory Committee. Over 50 applications from interested parties were received of which approximately 25 individuals will be selected to serve. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from October 11, 2013 — November 30, 2013 The Board reviewed the activity calendar and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. Mayor of Yorba Linda State of the City Address — October 23, 2013 Diemer 50th Anniversary and Ozone Facility Dedication — October 25, 2013 Director Collett made a motion, seconded by Director Kiley, to authorize Director attendance at these events if desired. Motion carried 4 -0 -1 with Director Hats ✓kins being absent. Councilmember Fernandez addressed the Board and invited the Directors to participate along with the City Council in a bowling tournament scheduled November 3, 2013 which would benefit the Yorba Linda /Placentia Family YMCA's scholarship programs. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:47 a.m. All Directors were present. Also present. were Mrs. Knight and Messrs. Conklin, Kidman and Beltran.. 14.1. 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) 14.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code 2013 -202 Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013- 80001529) 14.3. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 14.4. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One Mr. Conklin departed from the Closed Session prior to discussion of Item No. 14.5. 14.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 10:30 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 10:31 am. The next Regular Board of Directors Meeting will be held Thursday, October 24, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary 9