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HomeMy WebLinkAbout2012-12-20 - Board of Directors Meeting Minutes 2012-223 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, December 20, 2012, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The December 20, 2012 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 Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Gary T. Melton, President Steve Conklin, Acting General Manager Robert R. Kiley, Vice President Lee Cory, Operations Manager ' Michael J. Beverage Gina Knight, Human Resources and Risk Mgr Ric Collett Stephen Parker, Finance Manager Phil Hawkins Art Vega, Interim Information Technology Mgr Damon Micalizzi, Public Information Officer Annie Alexander, Executive Secretary ALSO PRESENT Brett Barbre, Director, Municipal Water District of Orange County Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin stated that he had provided the Board with a revised agenda report for Item No. 8.1. as the OCWD Property Management Committee had requested some minor modifications to the Lease Agreement. 5. PUBLIC COMMENTS Director Barbre addressed the Board and wished everyone a Merry Christmas. He then briefly commented on the current water supply situation and the Colorado River Pact recently signed with Mexico. 1 1 2012-224 6. COMMITTEE REPORTS ' 6.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held November 26, 2012 at 8:30 a.m. were provided in the agenda packet. Mr. Mole addressed the Board and provided a report regarding matters discussed during this meeting. Minutes of the meeting held December 17, 2012 at 8:30 a.m. will be provided at the next regular Board meeting. Mr. Mole reported on matters discussed during this meeting as well. Next meeting is scheduled January 28, 2013 at 8:30 a.m. Mr. Mole 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. 60417 on Item No. 7.2. as he has a financial interest with the vendor. 7.1. Minutes of the Board of Directors Regular Meeting Held December 6, 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$1,982,778.76. 7.3. Progress Payment No. 5 for Pressure Regulating Station Upgrades, Phase 1 Recommendation: That the Board of Directors approve Progress Payment No. 5 in the net amount of $93,103.05 to Vido Samarzich, Inc. for construction of Pressure Regulating Station Upgrades Project, Phase 1, Job No. J-201108. 7.4. Progress Payment No. 6 for Yorba Linda Blvd Pipeline Project Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $121,600.00 to Garcia Juarez ' Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No. 200817. 2 2012-225 ' 7.5. Approval of Change Orders No. 15-18 for Pressure Regulating Stations Upgrade Project, Phase 1 Recommendation: That the Board of Directors approve Change Orders No. 15-18 for three additional work days and $21,693.21 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No. 2011-08. 7.6. Purchase of EADOC Project Management Subscription for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve the purchase of EADOC Project Management Services for the Yorba Linda Blvd Pump Station Project in the amount of$6,150. 7.7. Purchase of 2013 Ford F350 Truck Recommendation: That the Board of Directors approve the purchase of the Ford F350 Cab and Chassis from Elk Grove Ford in the amount of $26,020.12. 8. ACTION CALENDAR ' 8.1. Lease Agreement for Well 21 Site Mr. Conklin explained that the OCWD Board of Directors had recently approved the revised lease agreement. The OCWD Property Management Committee had requested modifications to 2 paragraphs in the agreement related to the cost for removal of the well and appurtenant facilities at the end of the project. District's legal counsel reviewed these revisions prior to OCWD Board approval of the agreement. The District also has a very similar agreement with the City of Anaheim. Staff has determined the conditions of the agreement to be fair, the cost to the District reasonable, and is recommending Board approval. Director Collett made a motion, seconded by Director Beverage, to authorize approval and execution of the "Lease Agreement, Yorba Linda Water District, Warner Basin Complex, Well No. 21° as revised, between the Orange County Water District and Yorba Linda Water District, for a 50- year period. Motion carried 5-0. 8.2. Well 21 Hydrogeologic Services Mr. Conklin explained that staff was looking to hire a consultant to prepare the specification documents for the drilling of Well 21 and oversee the ' drilling and pump test. Staff contacted 6 firms experienced in this type of work and received 4 proposals. After staff ranked the proposals, they opened the fee envelopes. The proposal with the highest ranking was provided by CDM, whose proposed fee was $117,740. 3 2012-226 Director Collett made a motion, seconded by Director Kiley, to authorize ' execution of a Professional Services Agreement with CDM in the amount of $117,740 to provide Well 21 hydrogeologic services for drilling and construction support. Messrs. Conklin and Kidman then responded to questions from the Board regarding the District's bidding and selection process. Director Barbre left the meeting at this time. Director Beverage suggested that the Executive-Administrative- Organizational Committee consider reviewing the current purchasing policy and suggest revisions that may offer the District additional protection and flexibility in regards to the bidding and selection process. Motion carried 5-0. Mr. Mole left the meeting at this time. 8.3. Award of Construction Contract for Yorba Linda Blvd Pump Station Project Mr. Conklin explained that staff had received 12 bids for this project, the lowest of which was from ECI. Staff requested additional reference ' information from this contractor and received positive feedback regarding ECI's performance for similar work. The Engineer's Estimate for this project was $2,300,000. Director Collett made a motion, seconded by Director Beverage, to authorize the President and Secretary to execute a construction agreement between Environmental Construction, Inc. (ECI), and the Yorba Linda Water District for the Construction of the Yorba Linda Blvd Pump Station Project in the amount of $1,581,179.00 subject to the approval as to form by General Counsel. Motion carried 5-0. Mr. Conklin then responded to questions from the Board regarding the estimated start date and possible impact on traffic on Yorba Linda Blvd as related to the project. 8.4. Chambers Group Extension of Services for Hidden Hills Reservoir Project Habitat Mitigation and Monitoring Plan (HMPP) Mr. Conklin explained that Chambers Group had been monitoring the re- growth of native plant species following construction of the Hidden Hills Reservoir Project. The company has determined that the site will need to be re-seeded in order to comply with the Habitat Mitigation and Monitoring ' Plan for the project. Mr. Conklin then responded to questions from the Board regarding the method of re-seeding and oversight by the consultant of these mitigation efforts. 4 2012-227 ' Director Hawkins made a motion, seconded by Director Collett, to approve and extension to Chambers Group Professional Services Agreement, in the amount of $50,292 for the remainder of fiscal year 201212013 and $93,229 for fiscal years 2013114 through 2015116, for a total cost not to exceed $143,521, for required environmental compliance mitigation and monitoring for the Hidden Hills Reservoir Project. Further, the Board authorized transfer of$50,292 from the Water Operating Fund for the work through June 30, 2013, and directed that the work proposed for each of the three following fiscal years be approved by the Board as part of the annual budget process. Motion carried 5-0. 8.5. Board of Directors Committee Assignments President Melton corrected the meeting assignments as provided in the agenda report to indicate that he would attend the first Yorba Linda Planning Commission each month and that Director Collett would attend the first Yorba Linda City Council meeting each month. The revised listing of assignments for Board of Directors committee and intergovernmental meetings is as follows: Executive-Administrative-Organizational Committee Director Melton, Chair ' Director Kiley Finance-Accounting Committee Director Hawkins, Chair Director Melton Personnel-Risk Management Committee Director Collett, Chair Director Beverage Planning-Engineering-Operations Committee Director Kiley, Chair Director Hawkins Public Affairs-Communications-Technology Committee Director Beverage, Chair Director Collett YLWD/MWDOCIOCWD Joint Agency Committee Director Beverage Director Melton ' Citizens Advisory Committee Director Beverage 5 2012-228 Yorba Linda City Council , Director Collett / Director Kiley Yorba Linda Planning Commission Director Melton / Director Hawkins ACWA/JPIA ISDOC Director Hawkins Director Collett LAFCO MWDOC Director Beverage Director Melton OCWD WACO Director Kiley Director Hawkins / Director Kiley Director Beverage made a motion, seconded by Director Hawkins, to approve the Board of Directors committee and intergovemmenta/meeting assignments as listed above for the upcoming calendar year Motion carried 5-0. 8.6. At-Will Employment Mrs. Knight explained that the Personnel-Risk Management Committee members had been discussing the possibility of implementing At-Will ' employment for all management and supervisory/confidential positions. Employees who were in these positions at the time of Board approval would be "grandfathered-in" and only new employees would become At- Will. Mrs. Knight reported that she and Mr. Conklin had met with the affected employees in the supervisory/confidential group on 3 different occasions to discuss this matter. Mrs. Knight provided the Board with an overview of the concerns of some of the employees in this group. Messrs. Parker, Kidman and Cory then offered additional comments on the topic. Further discussion between the Board and staff followed. Director Collett made a motion, seconded by Director Beverage, to approve At-Will employment for all future District unrepresented employees. Motion carried 5-0. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report President Melton reported on his attendance at the CRWUA Conference and wished all those in attendance a Merry Christmas. 6 2012-229 9.2. Directors' Report Director Collett wished everyone a good holiday and safe travels. • CRWUA Conference — December 12-14, 2012 (Beverage/Melton) Directors Beverage reported on his attendance at this conference and wished everyone a good holiday. Directors Kiley and Hawkins wished everyone a Merry Christmas and Happy New Year. 9.3. Acting General Manager's Report Mr. Conklin also wished everyone a Merry Christmas and Happy New Year and thanked the Board and staff for their support over the past year. He stated that the Orange County Board of Supervisors had approved the District's updated Conflict of Interest Codes on December 4, 2012. Mr. Conklin then reported on the status of construction on the Yorba Linda Blvd Pump Station Project and the election of officers at OCWD. He also noted that the Mesa Consolidated Water District had recently changed its name to Mesa Water District. 9.4. General Counsel's Report Mr. Kidman expressed his gratitude to be working with the District and ' wished everyone a happy holiday. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee Minutes of the meeting held December 17, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled January 15, 2013 at 4:00 p.m. 10.2. Finance-Accounting Committee Minutes of the meeting held December 18, 2012 at 12:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled January 28, 2013 at 4:00 p.m. 10.3. Personnel-Risk Management Committee Minutes of the meeting held December 10, 2012 at 4:00 p.m. were provided in the agenda packet. 7 2012-230 Next meeting is scheduled January 8, 2013 at 4:00 p.m. (This meeting , was subsequently rescheduled to January 16, 2013 at 4:00 p.m.) 10.4. Planning-Engineering-Operations Committee Minutes of the meeting held December 13, 2012 at 3:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled January 3, 2013 at 3:00 p.m. 10.5. Public Affairs-Communications-Technology Committee Minutes of the meeting held December 3, 2012 at 3:00 p.m. were provided in the agenda packet. Minutes of the meeting held December 19, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled January 7, 2013 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee Next meeting is scheduled January 22, 2013 at 4:00 p.m. ' 11. INTERGOVERNMENTAL MEETINGS 11.1. YL Planning Commission — December 12, 2012 (Kiley) Director Kiley attended but did not have any District related business to report. 11.2. WACO — December 14, 2012 (Hawkins) Director Hawkins and Kiley attended and commented on the South County Integrated Regional Watershed Management Plan which was discussed during the meeting. Hon. Shawn Dewane was elected as Chair and Hon. Don Froelich as Vice Chair for 2013. 11.3. YL City Council — December 18, 2012 (Melton) Director Melton attended and noted that the Council voted 3-2 not to reconsider the contract for police services. Councilmember Eugene Hernandez was appointed to represent the City at District Board meetings and Councilmember John Anderson was appointed to serve as the City's representative on the Board of Directors of the Orange County Sanitation District. 11.4. MWDOC Board — December 19, 2012 (Melton/Staff) ' Director Melton attended but did not have any District related business to report. 8 2012-231 11.5. OCWD Board — December 19, 2012 (Kiley/Staff) Director Kiley was unable to attend this meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from December 21, 2012 — January 31, 2013 The Board reviewed the activity calendar and made no changes. The Board of Directors meeting was adjourned to the Public Financing Corporation Regular meeting at 10:04 a.m. (Minutes of the Public Financing Corporation meeting have been recorded separately.) The Public Financing Corporation meeting was adjourned and the Board of Directors meeting was reconvened at 10:08 a.m. 13. CLOSED SESSION The meeting was adjourned to Closed Session at 10:09 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. ' 13.1. 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) Name of Case: MAMCO, Inc. vs. Yorba Linda Water District (OC Superior Court — Case No. 00595177) Name of Case: OCTA vs. YLWD (OC Superior Court — Case No. 00606042) Name of Case: OCTA vs. Amelia De Agundez et al. (OC Superior Court — Case No. 00598169) and related cases. Name of Case: In the Matter of Yorba Linda Water District and Michael Beverage (FPPC No. 11/49G) The Board reconvened in Open Session at 10:32 am. President Melton announced that no action was taken during Closed Session that was required to ' be reported under the Brown Act. 9 2012-232 14. ADJOURNMENT ' 14.1. The meeting was adjourned at 10:33 am. The next regular meeting of the Board of Directors will be held Thursday, January 10, 2012 at 8:30 a.m. eve Conklin Board Secretary 10