HomeMy WebLinkAbout2012-05-24 - Board of Directors Meeting Minutes 2012-085
' MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
May 24, 2012
1. CALL TO ORDER
The May 24, 2012 Regular Meeting of the Yorba Linda Water District Board of
Directors was called to order by President Hawkins at 8:31 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
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
Rachel Padilla, Customer Service Supervisor
Annie Alexander, Executive Secretary
ALSO PRESENT
Art Kidman, Partner, Kidman Law LLP
Eddy Beltran, Senior Counsel, Kidman Law LLP
Andrew Gagen, Partner, Kidman Law LLP
Mark Schock
4. ADDITIONS/DELETIONS TO THE AGENDA
Mr. Vecchiarelli requested to remove Item No. 13.2. from the agenda as it was no
longer needed. Mr. Vecchiarelli further stated that there were some minor
changes to the agenda reports for Item Nos. 8.3. and 8.4. Mr. Cory will identify
these revisions when each item is considered.
5. PUBLIC COMMENTS
Mr. Schock addressed the Board regarding the District's proposed Public
Records Act (PRA) Request Policy and a request for records he had recently
submitted regarding water purged from the Hidden Hills reservoir. Mr. Schock
stated that he sent a copy of his e-mail correspondence concerning this matter to
the Directors and then encouraged the District to be more consistent with its
responses to these requests. Mr. Shock then commented on the minutes of the
Planning-Engineering-Operations (PEO) Committee meeting held May 3, 2012
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which were included in the agenda packet. He offered to make his recording of '
this meeting available to anyone interested in listening to it.
6. SPECIAL RECOGNITION
6.1. Introduce Rachel Padilla, Newly Hired Customer Service Supervisor
Mr. Parker introduced Ms. Padilla and provided the Board with an
overview of her background and work experience. The Board then
welcomed Ms. Padilla to the District.
Ms. Padilla left the meeting at this time.
7. CONSENT CALENDAR
Director Collett made a motion, seconded by Director Kiley, to approve the
Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on
Check No. 59173 on Item No. 7.3. as he has a financial interest with the vendor.
7.1. Minutes of the Board of Directors Special Meeting Held May 7, 2012
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Minutes of the Board of Directors Regular Meeting Held May 10, 2012 '
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$1,246,041.92.
7.4. Progress Payment No. 7 for Well No. 20 Well Head Project
Recommendation: That the Board of Directors approve Progress
Payment No. 7 in the net amount of $151,376.67 to Pascal & Ludwig
Constructors for construction of the Well No. 20 Well Head Equipping
Project, Job No. 200711.
7.5. Progress Payment No. 16 for the Highland Booster Pump Station Project
Recommendation: That the Board of Directors approve Progress
Payment No. 16 in the net amount of $78,520.82 to Pacific Hydrotech
Corporation for construction of the Highland Booster Pump Station '
Project, Job No. 200814.
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' 7.6. Draft 2012 Water Quality Report
Recommendation: That the Board of Directors approve the 2012 Water
Quality Report and authorize staff to print and distribute copies of this
report to each of the District's water customers.
8. ACTION CALENDAR
8.1. Change Order No. 3 for Well 20 Wellhead Equipping Project
Mr. Conklin explained that staff had been informed that the District had not
paid the City of Anaheim the required fees for installation of a new
electrical transformer needed for the project. District staff members were
subsequently notified that adjustments had been made by City staff to
allow installation of the equipment on May 14, 2012. The construction
contractor, Pascal & Ludwig Constructors, has indicated that it will take
two weeks to complete the final work on the project once the site receives
a permanent power supply. As a result, Pascal & Ludwig have requested
a 16 calendar day time extension at no cost.
Director Beverage made a motion, seconded by Director Collett, to
approve Change Order No. 3 for a no-cost 16 calendar-day time extension
for Pascal & Ludwig Constructors for the Well 20 Wellhead Equipping
' Project, Job No. 2007-11. Motion carried 5-0.
8.2. Renewal of Supplier Contract with Aramark
Mr. Cory explained that the District has had an agreement with Aramark to
supply uniforms, floor mats, and cloth towels since 2009. Aramark has
submitted a request to renew the contract with no price increase for the
next fiscal year. Mr. Cory further stated that the contract could be
renewed up to 3 times extending the total contract period for a total of 4
years. Staff is requesting that the Board authorize the General Manager
to renew the District's contract with Aramark.
Director Kiley made a motion, seconded by Director Melton, to authorize
the General Manager to enter into the renewal option agreement as part of
the District's supplier contract with Aramark. The new term of the contract
will be 12 months with service starting on July 1, 2012 and ending on June
30, 2013, with a total estimated contract cost of$13,000. Motion carried
5-0.
8.3. Renewal of Supplier Contract with PTI Sand & Gravel, Inc.
Mr. Cory explained that the District currently has two agreements for the
provision of road material. This is to ensure that a backup supplier is
' available if needed. PTI has been contracted as the primary supplier
since 2009. Mr. Cory then stated that the following two sentences needed
to be removed from the agenda report as they were not correct:
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"The contractor has requested a price increase exceeding the CPI. ,
If the Board approves the proposed price, staff will work with legal
counsel to document the new price in and addendum to the original
Agreement."
Mr. Cory clarified that PTI had not requested a price increase for the next
fiscal year.
Director Collett made a motion, seconded by Director Kiley, to authorize
the General Manager to enter into the renewal option agreement as part of
the District's supplier contract with PTI Sand & Gravel, Inc. The new term
of the contract will be 12 months with service starting on July 1, 2012 and
ending on June 30, 2013, with a total estimated contract cost of$15,000.
Motion carried 5-0
8.4. Renewal of Supplier Contract with Dean Criske Trucking
Mr. Cory explained Dean Criske Trucking had been contracted as a
backup supplier of road material since 2009. Mr. Cory stated that the
following sentence needed to be amended in the agenda report as it was
incorrect:
"The contractor has requested a price increase exceeding the CPI."
Mr. Cory clarified that the vendor had requested a price increase for the '
next fiscal year but it did not exceed the CPI.
Director Kiley made a motion, seconded by Director Melton, to authorize
the General Manager to enter into the renewal option agreement as part of
the District's supplier contract with Dean Criske Trucking. The new term
of the contract will be 12 months with service starting on July 1, 2012 and
ending on June 30, 2013, with a total estimated contract cost of $15,000.
Motion carried 5-0.
8.5. Renewal of Supplier Contract with Nickey Petroleum, Inc.
Mr. Cory explained that the District had contracted with Nickey Petroleum
for the provision of fuel since 2009. The vendor has not submitted a
request for a price increase and has been very reliable over the years.
Staff is requesting that the Board authorize the General Manager to renew
this contract for an additional fiscal year. Mr. Cory then responded to
questions from the Board regarding fuel usage and internal controls.
Director Collett made a motion, seconded by Director Kiley, to authorize
the General Manager to enter into the renewal option agreement as part of
the District's supplier contract with Nickey Petroleum, Inc. The new term '
of the contract will be 12 months with service starting on July 1, 2012 and
ending on June 30, 2013, with a total estimated contract cost of
$161,800.00. Motion carried 5-0.
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8.6. Renewal of Janitorial Service Contract with Merchants Building
' Maintenance
Mr. Cory explained that staff had requested a cost adjustment from
Merchants Building Maintenance (MBM) reflecting the change to a 4 day
work week and excluding holidays. MBM then provided two revised
contract prices, one for a 4 day work week and another for a 5 day work
week, both excluding holidays. MBM is not requesting a price increase for
the next fiscal year. Mr. Cory then responded to questions from the Board
regarding the number of buildings being serviced under the contract and
staff complaints of stolen property.
Director Collett made a motion, seconded by Director Kiley, to authorize
the General Manager to enter into the renewal option agreement as part of
the District's janitorial service contract with Merchants Buildings
Maintenance. The new term of the contract will be 12 months with service
starting on July 1, 2012 and ending on June 30, 2013, with a total
estimated contract cost of $65,440.78 or $70,501.17 depending on the
District's work schedule. Motion carried 5-0.
8.7. Claim Filed by Thomas Barker
Mrs. Knight explained that staff had received a claim from Mr. Barker
requesting reimbursement for a water heater he alleges was damaged
' following a water shutoff in his neighborhood. Mrs. Knight and Mr. Cory
then responded to questions from the Board regarding the District's
notification procedures for planned and emergency shutoffs.
Director Collett made a motion to reject the claim submitted by Thomas
Barker.
Mr. Kidman stated that the motion should specify that this claim be
rejected and referred to ACWA/JPIA.
Director Collett revised his motion to reject the claim submitted by Thomas
Barker and refer it to ACWA/JPIA. Director Beverage seconded the
motion. Motion carried 5-0.
8.8. Claim Filed by Mamco
Mrs. Knight explained that Mamco had submitted a second claim for
additional costs the company alleges were not included in the original
contract and damages associated with disruption of the project schedule.
Staff is recommending that Mamco's claim be rejected and referred to
ACWA/JPIA.
Director Kiley made a motion, seconded by Director Melton, to reject the
claim submitted by Mamco, Inc. and refer it to ACWA/JPIA. Motion
carried 5-0.
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8.9. Request for Proposals for an Organizational Efficiency Study '
Mrs. Knight explained that staff had been instructed to review the District's
organizational structure to see if any efficiency opportunities existed. Staff
presented an action item requesting consideration of the preparation of a
Request for Proposals for an Organizational Efficiency Study to the
Personnel-Risk Management (PRM) Committee on two occasions. At the
last meeting, the PRM Committee requested that this matter be presented
to the Board for consideration. Funds have been set aside in the current
budget for the AWWA QualServe Peer Review Suvery which have not
been expended. Director Hawkins suggested that the PRM Committee
review the proposals for the study and provide a recommendation to the
Board.
Director Beverage made a motion, seconded by Director Collett, to
authorize staff to issue a Request for Proposals for Professional Services
for the Preparation of an Organizational Efficiency Study. Motion carried
5-0.
8.10. Short-Term Disability Insurance
Mrs. Knight explained that staff had requested quotes from the District's
insurance broker, Wells Fargo Insurance Services USA, Inc., for short-
term disability insurance coverage for fulltime employees as well as life
insurance benefits for the Board of Directors. Mrs. Knight then reviewed '
the purpose and provisions of each of the different coverage's.
Director Beverage made a motion, seconded by Director Kiley, to
authorize the provision of short-term disability insurance for full-time
District employees and a life insurance benefit for members of the Board
of Directors. Motion carried 5-0.
8.11. Cell Phone Service Consolidation
Mr. Vega explained that the District currently had cell phone service with
three different providers: AT&T, Sprint/Nextel and Verizon. The Public
Affairs-Communications-Technology Committee has expressed a desire to
consolidate these services and utilize one carrier. Mr. Vega further
explained that service in the east side of the District has always been a
problem for the Nextel/Sprint phones and their push-to-talk walkie-talkie
service. Staff reviewed the products provided by all three carriers and is
recommending that all the cell phone services be transferred to Verizon.
Director Collett made a motion, seconded by Director Melton, to authorize
staff to terminate the District's cell phone services with AT&T and
Sprint/Nextel and transfer them to Verizon under the current Western
States Contracting Alliance (WSCA) contract. Motion carried 5-0. '
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' 9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. President's Report
President Hawkins reported that he had recently been notified that the City
of Yorba Linda would soon be reviewing their sign ordinance. This is to
include restrictions on political signs.
9.2. Directors' Reports
• OC Water Summit— May 18, 2012 (Kiley/Melton)
Directors Kiley and Melton attended this event and both
commented on the excellent speakers. Director Kiley stated that it
was good to see so many Citizens Advisory Committee members in
attendance. Director Beverage requested staff to provide him with
a list of the Citizens Advisory Committee members who attended
the event.
9.3. General Manager's Report
Mr. Vecchiarelli reported that staff had issued a traffic notice regarding the
District's construction project on Yorba Linda Boulevard.
Mr. Vecchiarelli also reminded the Board of the facilities tour scheduled
Thursday, May 31, 2012 at 8:00 a.m. Director Hawkins asked if any
elected officials were planning on attending the tour. Mr. Vecchiarelli
stated that Councilmember Rikel from the City of Yorba Linda and
Councilmember Yamaguchi from the City of Placentia had both RSVP'd.
Director Kiley requested staff to provide him with a list of tour attendees.
Mr. Vecchiarelli further reported that he had recently attended an OWOW
Project Implementation Workshop and OWOW Steering Committee
meeting at which the selection criterion for Proposition 84 funding was
discussed.
Mr. Vecchiarelli and Mr. Conklin then responded to questions from the
Board regarding possible traffic issues near various construction projects
being completed over the summer.
9.4. General Counsel's Report
Mr. Kidman briefly reported on his attendance at the OC Water Summit
and responded to questions from the Board regarding the California water
bond.
9.5. Future Agenda Items and Staff Tasks
None.
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10. COMMITTEE REPORTS '
10.1. Executive-Administrative-Organizational Committee
(Hawkins/Melton)
Minutes of the meeting held May 9, 2012 at 4:00 p.m. were provided in the
agenda packet.
Next meeting is scheduled June 18, 2012 at 4:00 p.m.
10.2. Finance-Accounting Committee
(Kiley/Hawkins)
Minutes of the meeting held May 23, 2012 at 4:00 p.m. will be provided at
the next regular Board meeting.
Next meeting is scheduled June 25, 2012 at 4:00 p.m.
10.3. Personnel-Risk Management Committee
(Beverage/Collett)
Minutes of the meeting held May 8, 2012 at 4:00 p.m. were provided in the
agenda packet. '
Next meeting is scheduled June 12, 2012 at 4:00 p.m.
10.4. Planning-Engineering-Operations Committee
(Collett/Kiley)
Minutes of the meeting held May 3, 2012 at 4:00 p.m. were provided in the
agenda packet.
Next meeting is scheduled June 7, 2012 at 4:00 p.m.
Mr. Schock addressed the Board and stated that the reason why he had
mentioned the minutes of the PEO Committee meeting held May 3, 2012
in his earlier comments was because they related to a PRA request he
had previously submitted. Mr. Schock explained that he had requested
information related to water purged from the Hidden Hills reservoir and
was informed that none had been purged. He stated that he was
surprised to hear staff make a comment to the contrary during this
committee meeting in response to a question posed by Mr. Ramocinski
related to the MWD shutdown. Mr. Schock further stated that he had
expected to receive an amended response to his previous PRA request in '
light of this new information. Mr. Schock explained that he also e-mailed
the Board regarding his concerns that this brief discussion between staff
and Mr. Ramocinski was not documented in the minutes of the committee
meeting. Mr. Shock reiterated that he was still expecting an amended
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response from the District regarding his original PRA request related to
water purged from the Hidden Hills reservoir.
Director Hawkins asked the PEO Committee members if they would like
the minutes of this meeting to be revised to include details regarding this
matter.
Director Collett stated that he thought it would be helpful. Staff was
instructed to revise the minutes and present them to the Board at the next
regular meeting.
Mr. Shock left the meeting at this time.
10.5. Public Affairs-Communications-Technology Committee
(Melton/Beverage)
Minutes of the meeting held May 14, 2012 at 4:00 p.m. were provided in
the agenda packet.
Next meeting is scheduled June 11, 2012 at 4:00 p.m.
10.6. YLWD-MWDOC-OCWD Joint Agency Committee
' (Hawkins/Beverage)
Minutes of the meeting held May 22, 2012 at 4:00 p.m. will be provided at
the next regular Board meeting.
Next meeting is scheduled July 24, 2012 at 4:00 p.m.
10.7. Citizens Advisory Committee
(Beverage)
Next meeting scheduled May 29, 2012 at 8:30 a.m.
11. INTERGOVERNMENTAL MEETINGS
11.1. YL City Council — May 15, 2012 (Melton)
Director Melton attended and commented on the annual financial reports
and a multi-family housing development in Savi Ranch which were
discussed during the meeting.
11.2. MWDOC Board — May 16, 2012 (Melton/Staff)
Director Melton attended and commented on the agency's budget for FY
' 2012/2013 which was discussed during the meeting.
11.3. OCWD Board — May 16, 2012 (Kiley/Staff)
Director Kiley attended but did not have any District related business to
report.
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11.4. YL Planning Commission — May 23, 2012 (Collett) '
Director Collett attended and commented on 3 conditional use permits and
designs for construction of 11 new residential units which were discussed
during the meeting.
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from May 25, 2012 —June 30, 2012
The Board reviewed the listed meetings and made no changes.
13. CLOSED SESSION
The meeting was adjourned to Closed Session at 9:25 a.m. All Directors were
present. Also present were Messrs. Vecchiarelli, Kidman, Beltran and Gagen,
and Mrs. Knight.
13.1. 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, et 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)
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' Name of Case: ACWAIJPIA, et al vs. Insurance Company of the
State of Pennsylvania, et al (OC Superior Court —
Case No. 00486884)
(Item No. 13.2. was removed from the agenda.)
13.2. Conference with Legal Counsel —Anticipated Litigation
Pursuant to Subdivision (b) of Section 54956.9 of the California
Government Code
Number of Potential Cases: Unknown
The Board reconvened in Open Session at 10:18 a.m. President Hawkins 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 10:19 a.m. The next regular meeting of the
Board of Directors will be held June 14, 2012 at 8:30 a.m.
Kenneth R. Vecchiarelli
Board Secretary
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