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.
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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.
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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.
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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.
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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
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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.
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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.
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■ 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.
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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
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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
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