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HomeMy WebLinkAbout2009-02-12 - Board of Directors Meeting Minutes 2009-015 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING February 12, 2009 The February 12, 2009 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Summerfield at 6:30 p.m. The meeting was held at the District's Administrative Office at 1717 East Miraloma Avenue, Placentia, California. DIRECTORS PRESENT STAFF PRESENT John W. Summerfield, President Ken Vecchiarelli, General Manager William R. Mills, Vice President Pat Grady, Assistant General Manager Paul R. Armstrong Art Kidman, General Counsel Michael J. Beverage Steve Conklin, Engineering Manager Ric Collett Diane Cyganik, Finance Director Gina Knight, HR Manager Annie Alexander, Executive Secretary ADDITIONS/DELETIONS TO THE AGENDA ' None. PUBLIC COMMENTS President Summerfield opened the meeting to public comments. Mark Schock spoke regarding questions related to the Freeway Complex Fire Disaster Response & Water System Assessment that were posted on the District's website. SPECIAL RECOGNITION Mr. Vecchiarelli introduced Pat Grady, newly promoted to Assistant General Manager. CONSENT CALENDAR Director Collett requested to remove Item 6 from the Consent Calendar. On a motion by Director Mills, seconded by Director Collett, the Board voted 5-0 to approve the balance of the Consent Calendar. Director Beverage abstained from voting on Check No. 50908 of Item 2 as he had received income from the vendor during the past year. 1. Minutes of the Regular Board of Directors Meeting Held January 22, 2009 Recommendation: Approve the minutes as presented. 2. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify and authorize disbursements in the amount of ' $3,021,106.84. 2009-016 3. Progress Payment No. 9 for the Highland Reservoir Replacement Project Recommendation: Approve Progress Payment No. 9 in the net amount of $263,843.42 to Schuler Engineering Corporation and 10% retention of $29,315.94 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 4. Progress Payment No. 21 for the Lakeview Reservoir Project Recommendation: Approve Progress Payment No. 21 in the net amount of $139,410.41 to SSC Construction, Inc. and 5% retention of $7,337.39 deposited to City National Bank escrow account, for construction of the Lakeview Reservoir Project, Job No. 200704. 5. Amendment No. 4 to Professional Services Agreement with Carollo Engineers for Design of Hidden Hills Reservoir Recommendation: That the Board approve Amendment No. 4 to the Professional Services Agreement with Carollo Engineers for the Hidden Hills Reservoir Project for additional design services for a total fee not to exceed $20,615. ITEMS REMOVED FROM THE CONSENT CALENDAR 6. Damage Claim filed by Michael Burns, 19926 Trotter Lane, Yorba Linda. ' Director Collett reported that the Personnel-Risk Management Committee had reviewed the claim at their meeting held February 9, 2009 and directed staff to locate the District's policy for handling claims. Mr. Vecchiarelli reported that staff had located ACWA/JPIA's small claims settlement policy which indicates that the District has the option of settling or denying a claim if it meets certain criteria. On a motion by Director Collett, seconded by Director Beverage, the Board voted 5-0 to return the claim to staff for further processing. ACTION CALENDAR 7. 2009 Board of Directors Strategic Planning Workshop Mr. Vecchiarelli explained that staff was trying to set a date of February 19, 2009 for the workshop and recommended hiring John Acampura from MAP Consulting, Inc. as a facilitator. Mr. Vecchiarelli then responded to questions from the Board. Following discussion, the Board directed staff to schedule the workshop on February 18, 2009 pending Mr. Acampura's availability. Staff will work with the ' Board to schedule the workshop on another date if needed. 2 2009-017 8. Change Orders No. 4 & 5 for the Construction of Lakeview Reservoir Project ' Mr. Conklin explained the need for the Change Orders and stated that the project was approximately 95% complete. On a motion by Director Mills, seconded by Director Beverage, the Board voted 5-0 to Approve Change Order No. 4 in the amount of $167,113.53 and 49 calendar days, and Change Order No. 5 in the amount of $142,016.71 and 19 calendar days for construction of the Lakeview Reservoir Project, Job No. 200704. 9. Award of Construction Contract for Zone Reconfiguration Project Mr. Conklin stated that Ken Thompson, Inc. was the lowest bidder for the project and was a reputable firm. On a motion by Director Mills, seconded by Director Armstrong, the Board voted 5-0 to award the Contract for Construction of Zone Reconfiguration for Areas 1, 2 and 3 Water System Improvements to Ken Thompson, Inc., for $1,099,000. 10. Award of Contract for Highland Booster Station Engineering Feasibility Study Mr. Conklin introduced the item and explained the need for the feasibility study. On a motion by Director Mills, seconded by Director Armstrong, the Board voted 5-0 to authorize execution of a Professional Services Agreement with Tetra Tech, ' in the amount not to exceed $45,675, to provide an Engineering Feasibility Study for the Highland Booster Station Replacement/Expansion Project. DISCUSSION ITEMS 11. Freeway Complex Fire Disaster Response & Water System Assessment Mr. Vecchiarelli reported that there had not been a lot of new activity regarding the assessment other than receiving some correspondence from the public. Mr. Vecchiarelli then responded to questions from the Board regarding a video recorded at the MWD's Santiago Tower during the Freeway Complex Fire. 12. Status of Hidden Hills Reservoir Project Mr. Conklin reported that the District had sold 70 sets of plans for the project and a bid opening was scheduled for February 24th 13. Status of Capital Improvement Projects Mr. Conklin provided a brief PowerPoint presentation regarding the status of current Capital Improvement Projects. Mr. Conklin reported that projects worth $37 million had been completed during the previous 18 months. Staff also expects to have additional projects worth $23 million completed within the next 18 months. 3 REPORTS, INFORMATION ITEMS AND COMMENTS 2009-018 14. a. President's Report ' President Summerfield reported that the next Finance-Accounting Committee meeting had been rescheduled to March 13, 2009 at 9:00 a.m. b. Directors' Reports Director Mills reported that he had attended a recent Board meeting of the Irvine Ranch Water District where they conducted a forum for candidates applying for appointment to the vacancy on their Board of Directors. Approximately 41 applications for the position were received. Director Armstrong reported that he recently attended a Council meeting of the City of Yorba Linda in which they discussed the possibility of merging the District with the City. The City's attorney recommended that the Council investigate the issue before proceeding and will be providing them a written report regarding the matter. Director Armstrong requested that staff obtain a copy of the report when it becomes available. C. General Manager's Report 1) Form 700 Statement of Economic Interests - Due April 1, 2009 ' Mr. Vecchiarelli announced that the Board would need to complete Form 700 which is due to the Orange County Clerk of the Board of Supervisors by April 1, 2009. Ms. Alexander will be providing the form and related information to each Director shortly. Mr. Vecchiarelli reported that he had attended the OCFA sponsored Wildfire: Leave or Stay presentation on February 11th. The presentation focused on preparing ahead of time for wildfire events. There was also a vendor exposition on site offering various home protection products. d. General Counsel's Report Mr. Kidman also commented on OCFA's presentation. COMMITTEE REPORTS 15. a. Executive-Administrative-Organizational Committee (Summerfield/Mills) Altemate: Collett 1) Meeting scheduled for February 17, 4:00 p.m. 4 2009-019 b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Minutes of meeting held February 10 were presented at the meeting. Directors Beverage and Summerfield attended. Items discussed during the meeting were as follows: Investment Report ending December 31, 2008; Monthly Portfolio Report ending January 31, 2009; Monthly Financial Statements ending November 30, 2008 and December 31, 2008; and FY 2009/2011 Budget Activities Calendar. 2) Meeting scheduled for March 13, 9:00 a.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield 1) Minutes of meeting held February 9 were presented at the meeting. Directors Armstrong and Collett attended. Items discussed during the meeting were as follows: status of recruitments, personnel and risk management activities; and organizational changes. 2) Meeting scheduled for March 9, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Minutes of meeting held February 5 were provided in the agenda packet. Directors Mills and Armstrong attended. Items discussed during the meeting were as follows: Change Orders No. 4 & 5 for construction of the Lakeview Reservoir Project; review of Radio Meter Replacement Project Phases 1 & 2; award of Construction Contract for Zone Reconfiguration Project; contract for Highland Booster Station Engineering Feasibility Study Award; Amendment No. 4 of Professional Services Agreement with Carollo Engineers for Design of Hidden Hills Reservoir; presentation of Final Report for Irrigation Feasibility Study; Monthly Groundwater Production and Purchased Water Report; Annual Preventative Maintenance Program Report; Monthly MWDOC Managers and OC Groundwater Producers Meeting Summary Reports; Status Report on Progress of AB28; Preview Report on Capital Improvement Projects from 2007 to 2012; and Status Report on Capital Improvement Projects in progress. 2) Meeting scheduled for March 5, 4:00 p.m. 5 2009-020 e. Public Information-Technology Committee (Collett/Beverage) Alternate: Armstrong 1) Minutes of meeting held February 6 were presented at the meeting. Directors Collett and Beverage attended. Items discussed during the meeting were as follows: recommendation for Education Program Collaboration with the Fullerton Arboretum; Electronic Imaging System update; fire related customer comments; and 2009 Public Information Plan. 2) Meeting scheduled for March 3, 4:00 p.m. f. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield 1) Minutes of meeting held January 27 were presented at the meeting. Directors Mills and Collett attended. Items discussed during the meting were as follows: Water Supply Conditions and Probability of Allocations; MWD rate projections; OCLAFCO Municipal Service Review & Sphere of Influence Study for MWDOC; freeze on State Grant; annexations; Freeway Complex Fire Disaster Response & Water System Assessment; and 2009 ACWA Washington, DC Conference. 2) Meeting scheduled for March 24, 4:00 p.m. g. City of Placentia Ad Hoc Committee (BeverageNecchiarell i) 1) Meeting scheduled for February 18, 1:30 p.m. INTERGOVERNMENTAL MEETINGS 16. a. MWDOC/MWD Workshop, February 4 (Staff) Staff did not attend. b. OCWD Board, February 4 (Staff) Staff did not attend. C. Yorba Linda City Council, Feb 3 (Mills) Director Mills attended and made note of a 4 month road closure on Imperial Highway. Director Mills also requested staff to work with the City regarding funding for solar power at reservoir sites. d. Yorba Linda Planning Commission, January 28 (Collett) This meeting was cancelled. e. Yorba Linda Planning Commission, February 11 (Collett) Director Collett did not attend. 6 2009-021 ' BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after February 12, 2009. Agenda is available in the District office prior to meeting. Februa Holiday, Feb 16 District Offices Closed Executive-Admin-Or anizational Committee, Feb 17, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Feb 17, 6:30 .m. Armstrong MWDOC Board, Feb 18, 8:30 a.m. Staff Placentia Ad Hoc Committee Meeting, Feb 18, 1:30 .m. Beverage OCWD Board, Feb 18, 5:00 .m. Staff Yorba Linda Planning Commission, Feb 25, 7:00 .m. Summerfield District Board Meeting, Feb 26, 8:30 a.m. March Public Information-Technology Committee, Mar 3, 4:00 .m. Collett/Beverage Yorba Linda City Council, Mar 3, 6:30 .m. Mills MWDOC/MWD Workshop, Mar 4, 7:30 a.m. Staff OCWD Board, Mar 4, 5:00 .m. Staff Planning-Engineering-Operations Committee, Mar 5, 4:00 .m. Mills/Armstrong Personnel-Risk Management Committee, Mar 9, 4:00 .m. Armstrong/Collett Finance-Accounting Committee, Mar 10, 4:00 .m. Bevera a/Summerfield ' Yorba Linda Planning Commission, Mar 11, 7:00 .m. Collett District Board Meeting, Mar 12, 6:30 .m. Executive-Admin-Or anizational Committee, Mar 17, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Mar 17, 6:30 .m. Armstrong MWDOC Board, Mar 18, 8:30 a.m. Staff OCWD Board, Mar 18,5:00 .m. Staff MWDOC/OCWD Ad Hoc Committee Meeting, Mar 24, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, Mar 25, 7:00 .m. Summerfield District Board Meeting, Mar 26, 8:30 a.m. CONFERENCES AND SEMINARS On a motion by Director Collett, seconded by Director Beverage, the Board voted 5-0 to authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following event. 17. Water Education Foundation Lower Colorado River Tour - March 4-6, 2009 A recess was declared at 7:40 p.m. 7 2009-022 ADJOURN TO CLOSED SESSION The Board entered into Closed Session at 7:45 p.m. All Directors were present. Also ' present were Messrs. Vecchiarelli, Grady, and Kidman and Mses. Knight, Bauermeister and Park. 18. Conference with Legal Counsel - Liability Claims Pursuant to Section 54956.95 of the California Government Code a. Claimants: Mohamed and Fatima Itani Shannon Lew Michael and Kathy Minnick David D. Ramoncinski Morteza and Sorour Khalili Robert and Kathryn Short b. Claimant: Ameet Y. Sambray Agency Claimed Against: Yorba Linda Water District 19. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Subdivision (b)(1)(b) of Section 54956.9 of the California Government Code Number of Potential Cases: Unknown ' The exposure to litigation arises from assertions of District responsibility for property and related losses incurred during the "Freeway Complex" firestorm of November 15 and 16, 2008. The Board reconvened in Open Session at 8:43 p.m. President Summerfield reported that the Board voted 5-0 to reject the claims submitted by the claimants listed in Item No. 18. These claims will be referred to ACWA/ JPIA for further processing. ADJOURNMENT The meeting adjourned at 8:44 p.m. The next meeting of the Board of Directors will be held February 26, 2009, 8:30 a.m. Kenneth R. Vecchiarelli Secretary