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HomeMy WebLinkAbout2009-04-09 - Board of Directors Meeting Minutes 2009-046 MINUTES OF THE ' YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING April 9, 2009 The April 9, 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 E Miraloma Ave, Placentia CA 92870. 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 Lee Cory, Operations Manager Diane Cyganik, Finance Director Gina Knight, HR Manager Cindy Botts, Management Analyst Annie Alexander, Executive Secretary ADDITIONS/DELETIONS TO THE AGENDA Mr. Vecchiarelli stated that a Closed Session for Item No. 20 was no longer needed. ' Item No. 20 was removed from the agenda. President Summerfield announced that Items No. 13 and 21 would be taken out of order and would immediately follow approval of the Consent Calendar. PUBLIC COMMENTS None. SPECIAL RECOGNITION None. CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Mills, the Board voted 5-0 to approve the Consent Calendar. 1. Minutes of the Board of Directors Workshop Meeting held March 23, 2009 Recommendation: Approve the minutes as presented. 2. Minutes of the Regular Board of Directors Meeting held March 26, 2009 Recommendation: Approve the minutes as presented. 3. Payment of Bills, Refunds, and Wire Transfers Recommendation: Ratify and authorize disbursements in the amount of $1,859,845.93. 2009-047 4. Progress Payment No. 11 for the Highland Reservoir Replacement Project Recommendation: Approve Progress Payment No. 11 in the net amount ' of $365,462.60 to Schuler Engineering Corporation and 10% retention of $40,606.96 deposited to Citizens Business Bank escrow account for construction of the Highland Reservoir Replacement Project, Job No. 200309. 5. Damage Claim Filed by Michael Burns, 19926 Trotter Lane, Yorba Linda Recommendation: That the Board of Directors reject the claim filed by Michael Bums. 6. Damage Claim Filed on Behalf of loan Marc, 5052 Grandview Avenue, Yorba Linda Recommendation: That the Board of Directors reject the claim filed on behalf of loan Marc. ACTION CALENDAR The following items were taken out of order: 13. Legal Services for Upcoming Labor Negotiations Mr. Vecchiarelli introduced Richard Kreisler, Senior Partner of Liebert Cassidy & Whitmore. Ms. Knight then explained that the District currently used Liebert ' Cassidy & Whitmore for representation in employment related matters with positive results. Staff is recommending that the Board engage the services of Mr. Kreisler to represent the District and provide legal counsel during the meet and confer process with the District's negotiating team and Employee Association. Mr. Kreisler then responded to questions from the Board. Director Collett stated that the Personnel-Risk Management Committee had discussed the matter at its April 1s` meeting and agreed with staffs recommendation. On a motion by Director Collett, seconded by Director Armstrong the Board voted 5-0 to authorize the General Manager to engage the services of Richard Kreisler, of Liebert Cassidy & Whitmore to provide employment relations services for the District's Labor Negotiations with the Yorba Linda Water District's Employee Association. On a motion by Director Beverage, seconded by Director Collett, the Board adjourned to Closed Session at 6:39 p.m. All Directors were present. Also present were Messrs. Vecchiarelli, Grady and Kreisler, and Ms. Knight. 21. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady ' Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association 2 2009-048 On a motion by Director Armstrong, seconded by Director Collett, the Board reconvened ' in Open Session at 7:08 p.m. President Summertield reported that no action was taken during Closed Session that was required to be reported under the Brown Act. 7. Sewer Acreage Fee Agreement with Shapell Industries, Inc. Director Beverage announced that he would need to recuse himself from this item as the agreement was with a company who was a source of income. Director Beverage excused himself from the meeting at this time. Mr. Conklin explained that Shapell Industries, Inc. had requested preparation of an agreement for Vesting Tentative Tract Map 16208 in light of changes mutually agreed upon in the scope of Sewer obligations that were required due to construction issues. The Planning-Engineering-Operations Committee reviewed the Agreement at its April 2nd meeting and supports staffs recommendation. On a motion by Director Mills, seconded by Director Armstrong the Board voted 4-0 to authorize the President and Secretary to execute an Acreage Fee Agreement with Shapell for Vesting Tentative Tract Map 16208, subject to prior execution of the Agreement by Shapell. Director Beverage rejoined the meeting at this time. 8. Change Order No. 6 for the Lakeview Reservoir Project ' Mr. Conklin explained that due to the rains the previous month, work on the site had been delayed. SSC Construction, Inc. has submitted a request for a time extension of 21 calendar days in order to complete the project. On a motion by Director Mills, seconded by Director Armstrong the Board voted 5-0 to approve Change Order No. 6 adding 21 calendar days for construction of the Lakeview Reservoir Project, Job No. 200704. 9. Professional Services Agreement Amendment for Environmental Compliance Services for the Highland Reservoir Replacement Project Mr. Conklin stated that BonTerra Consulting had submitted a contract amendment request for additional environmental services needed to comply with CEQA requirements not included in the oripginal scope of work. Because the reservoir was key structure in an early 20 Century California water system, photographs and documentation of the existing reservoir are required to comply with the conditions of the Historic American Engineering Record. The Planning- Engineering-Operations Committee reviewed the request at its April 2nd meeting and suggested that the final report be provided to the District, the City of Yorba Linda and the Yorba Linda City Library due to its historical significance. On a motion by Director Mills, seconded by Director Beverage the Board voted ' 5-0 to authorize an amendment to the Professional Services Agreement with Bon Terra Consulting in the amount of $15,700 for additional environmental compliance services for the Highland Reservoir Replacement Project, Job No. 200309. 3 2009-049 10. Award of Geotechnical Engineering Services for the Hidden Hills Reservoir Project ' Mr. Conklin explained that staff had solicited proposals from five firms for geotechnical engineering services in anticipation of construction of the Hidden Hills Reservoir. Only two of the five firms submitted a proposal for the project. Staff has reviewed the proposals and recommend award to Leighton Consulting, Inc. On a motion by Director Mills, seconded by Director Armstrong the Board voted 5-0 to authorize execution of a Professional Services Agreement for Geotechnical Engineering Services with Leighton Consulting, Inc. for the Hidden Hills Reservoir Project in the amount of $94,558. 11. Rebuild of Engine No. 5 at Highland Booster Station Mr. Cory stated that until the replacement booster station was completed, the existing pumps and motors would need to be maintained to operate at maximum efficiency which will require a major rebuild of the natural gas engine driver for Pump No. 5. Only one estimate for the work was received from Cummins Engine Company for approximately $45,000. Staff will save $5,000 from the estimate by removing the old engine themselves. On a motion by Director Beverage, seconded by Director Mills the Board voted 5-0 to authorize the General Manager to execute a Purchase Order with ' Cummins Engine Company in the amount not to exceed $40,000 to rebuild the Highland Booster Pump Station Engine No. 5. 12. Resolution Supporting the Santa Ana River Watershed Integrated Regional Water Management Plan Mr. Conklin explained that the Santa Ana Watershed Project Authority had requested the District adopt a Resolution in support of the "One Water One Watershed" Integrated Regional Water Management Plan to help secure funding for resources in the region. The Planning-Engineering-Operations Committee reviewed the Resolution at its meeting held April 2nd and supports staffs recommendation. On a motion by Director Mills, seconded by Director Beverage the Board voted 5-0 on a Roll Call to adopt Resolution 09-05 supporting the "One Water One Watershed" Santa Ana River Watershed Integrated Regional Water Management Plan and its submittal to the Department of Water Resources for Proposition 84 Funding, and authorize the General Manager to send a response letter to Santa Ana Watershed Project Authority staff. 13. Legal Services for Upcoming Labor Negotiations This item was taken out of order. 4 2009-050 14. Draft Water Conservation Ordinance ' Mr. Grady provided a brief PowerPoint presentation highlighting the purpose of and need for the Ordinance, permanent requirements, water supply shortage stages, violations and notices, and the appeals and waivers process. Mr. Grady also reviewed the evaluation process and implementation plan for the Ordinance. Staff is requesting that the Board set a public hearing for May 14, 2009 at 6:30 p.m. to receive testimony from the public. Staff then responded to questions from the Board. Michael Marien addressed the Board regarding specific sections of the Ordinance. Further discussion of the Ordinance then followed. On a motion by Director Beverage, seconded by Director Mills the Board voted 5-0 to set a public hearing for May 14, 2009 at 6:30 p.m. to solicit feedback and testimony from the public. DISCUSSION ITEMS 15. Status of Hidden Hills Reservoir Project Mr. Conklin reported that the remainder of the construction awards related to the project were now complete. The State Parks Department has approved the ' necessary permit and all related insurance requirements have been met. Staff expects to be breaking ground soon. REPORTS, INFORMATION ITEMS AND COMMENTS 16. a. President's Report No report was given. b. Directors' Reports Director Collett stated that he would not be in attendance for the public hearing and had attended the first meeting of the Citizens Advisory Committee. C. General Manager's Report Mr. Vecchiarelli reported that he had attended the AWWA conference and provided a presentation regarding the lessons learned from the Freeway Complex Fire. The presentation was well received. d. Future Agenda Items and Staff Tasks None. 5 2009-051 COMMITTEE REPORTS 17. a. Executive-Administrative-Organizational Committee ' (Summerfield/Mills) Alternate: Collett 1) Minutes of meeting held April 8 were provided at the meeting. Directors Summerfield and Mills attended. The second revision of the draft Water Conservation Ordinance was discussed during the meeting. 2) Meeting scheduled for April 21, 4:00 p.m. b. Finance-Accounting Committee (Beverage/Summerfield) Alternate: Mills 1) Meeting scheduled for April 14, 4:00 p.m. C. Personnel-Risk Management Committee (Armstrong/Collett) Alternate: Summerfield 1) Minutes of meeting held April 1 were provided in the agenda packet. Directors Armstrong and Collett attended. Items discussed ' during the meeting were as follows: damage claims; status of personnel on Administrative Leave and risk management activities; A Closed Session regarding labor negotiations with the YLWD Employees Association was also held. 2) Meeting scheduled for May 11, 4:00 p.m. d. Planning-Engineering-Operations Committee (Mills/Armstrong) Alternate: Beverage 1) Minutes of meeting held April 2 were provided at the meeting. Directors Mills and Armstrong attended. Items discussed during the meeting were as follows: Change Order No. 6 for the Lakeview Reservoir Project; Professional Services Agreement for Environmental Compliance Services for the Highland Reservoir Replacement Project; Award of Geotechnical Engineering Services for the Hidden Hills Reservoir Project; Resolution supporting the Santa Ana River Watershed Integrated Regional Water Management Plan; Shapell Pre-Annexation Acreage Fee Agreement; 2009110 preliminary CIP budget; monthly groundwater production, purchased water and preventative maintenance program reports; monthly MWDOC Managers and OC Groundwater ' Producers meeting summary reports; status report on capital projects in progress; and plan for expansion of groundwater supply. 2) Meeting scheduled for May 7, 4:00 p.m. 6 2009-052 e. Public Information-Technology Committee ' (Collett/Beverage) Alternate: Armstrong 1) Minutes of meeting held April 7 were provided at the meeting. Directors Collett and Beverage attended. Items discussed during the meeting were the Water Conservation Ordinance Implementation Plan and Budget and the 2009/10 Public Information budget. 2) Meeting scheduled for May 5, 4:00 p.m. f. MWDOC/OCWD Ad Hoc Committee (Mills/Collett) Alternate: Summerfield 1) Meeting scheduled for May 26, 4:00 p.m. g. Revenues and Rates Ad Hoc Committee (Collett/Mills) 1) Meeting scheduled for April 28, 4:00 p.m. h. City of Placentia Ad Hoc Committee (Beverage/Vecchiarelli) ' 1) Meeting to be scheduled. L Citizens Advisory Committee 1) Minutes of meeting held March 31 were provided in the agenda packet. Items discussed during the meeting were as follows: introductions of Board, staff and Committee members; Committee Guidelines and Brown Act requirements; near term and future goals and objectives; District's distribution system; water supply shortage; and the Draft Water Conservation Ordinance and Implementation Plan. 2) Minutes of meeting held April 6 were provided at the meeting. Items discussed during the meeting were as follows: water conservation; meeting schedule; Colorado River, MWD Diamond Valley Tours and Orange County Water Summit; and Draft Water Conservation Ordinance and Implementation Plan. A short tour of the District's facilities was also conducted. 3) Meeting scheduled for April 21, 4:00 p.m. 7 2009-053 INTERGOVERNMENTAL MEETINGS 18. a. MWDOC/MWD Workshop, April 1 (Staff) ' Mr. Vecchiarelli attended and commented on the Colorado River and State Water Project allocations which were discussed during the meeting. b. OCWD Board, April 1 (Staff) Mr. Vecchiarelli attended and commented on the budget which was discussed at the meeting. C. Yorba Linda City Council, April 7 (Mills) Director Mills attended and made note of some items on the agenda including the closure of Main Street to accommodate a car show and the discussion of hiring Sacramento Advocates as a lobbyist to represent the City. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after April 9, 2009. Agenda is available in the District office prior to meeting. A ril Finance-Accounting Committee, Apr 14, 4:00 .m. Bevera a/Summerfield MWDOC Board, Apr 15, 8:30 a.m. Staff OCWD Board, Apr 15, 5:00 .m. Staff ' Yorba Linda Planning Commission, Apr 15, 7:00 .m. Collett Citizens Advisory Committee, Apr 21, 4:00 .m. Staff Executive-Admin-Or anizational Committee, Apr 21, 4:00 .m. Summerfield/Mills Yorba Linda City Council, Apr 21, 6:30 .m. Armstrong District Board Meeting, Apr 23, 8:30 a.m. Revenues and Rates Committee, Apr 28, 4:00 .m. Collett/Mills Yorba Linda Planning Commission, Apr 29, 7:00 .m. Summerfield May Citizens Advisory Committee, May 4, 8:00 a.m. Staff Public Information-Technology Committee, May 5, 4:00 .m. Collett/Beverage Yorba Linda City Council, May 5, 6:30 .m. Mills MWDOC/MWD Workshop, May 6, 7:30 a.m. Staff OCWD Board, May 6, 5:00 .m. Staff Planning-Engineering-Operations Committee, May 7, 4:00 .m. Armstrong/Beverage Personnel-Risk Management Committee, May 11, 4:00 .m. Armstrong/Collett Finance-Accounting Committee, May 12, 4:00 .m. Bevera a/Summerfield Yorba Linda Planning Commission, May 13, 7:00 .m. Summerfield District Board Meeting, May 14, 6:30 .m. Executive-Admin-Or anizational Committee, May 19, 4:00 .m. Summerfield/Mills Yorba Linda City Council, May 19, 6:30 .m. Armstrong MWDOC Board, May 20,8:30 a.m. Staff ' OCWD Board, May 20, 5:00 .m. Staff Holiday, May 25 District Offices Closed MWDOC/OCWD Ad Hoc Committee Meeting, May 26, 4:00 .m. Mills/Collett Yorba Linda Plannin Commission, May 27, 7:00 .m. Collett District Board Meeting, May 28, 8:30 a.m. 8 2009-054 CONFERENCES AND SEMINARS ' 19. None. CLOSED SESSION Item No. 20 was removed from the agenda. 20. 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. Item No. 21 was taken out of order. 21. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Ken Vecchiarelli Pat Grady ' Gina Knight Richard Kreisler Employee Organization: Yorba Linda Water District Employees Association ADJOURNMENT The meeting adjourned at 8:33 p.m. The next meeting of the Board of Directors is scheduled for April 23, 2009, at 8:30 a.m. Kenneth R. Vecchiarelli Secretary 9