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HomeMy WebLinkAboutMinutes - EVWD Board of Directors - 10/26/2010 Approved November 23.2010 EAST VALLEY WATER DISTRICT October 26, 2010 REGULAR BOARD MEETING MINUTES The meeting was called to order at 3:00 p.m. by President Wilson. Mr. Reeb led the flag salute. PRESENT: Directors: Le Vesque, Malmberg, Morales, Sturgeon, Wilson ABSENT: Director: None STAFF: Robert Martin, General Manager; Ron Buchwald, District Engineer; Gary Sturdivan, Regulatory & Safety Director; Eliseo Ochoa, Assistant District Engineer; Becky Kasten, Accounting Supervisor; Hank Sowle, Lead Water Service Worker/Welder LEGAL COUNSEL: Steve Kennedy GUEST (S): Dick Corneille (CDM), Cara Van Dijk (CV Strategies), Robert Reeb (Reeb Government Relations, LLC), Angel Bautista(SSC Construction, Inc.), Evelyn You (CDM), Charles Roberts (Highland Community News) PUBLIC COMMENTS President Wilson declared the public participation section of the meeting open at 3:02 pm. Mr. Sturdivan provided a brief update regarding the District's 2010 Hazard Mitigation Plan. There being no further verbal or written comments the public participation section was closed. APPROVAL OF AGENDA M/S (LeVesque-Sturgeon) that the October 26, 2010 agenda be approved as submitted. The General Manager requested that the following CLOSED SESSION item be added to the agenda as the need to add the item arose after the agenda had been posted. 1 jph: 10/26/2010 Pursuant to Government Code Section 54954.2(b)(2) the Board added the following item to the agenda after unanimously determining that there is a need to take immediate action on the item, which came to the Districts attention after the agenda was posted: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION [Government Code Section 54956.9(a)] Name of Case: Yorba Linda Water District v. Superior Court for the State of California for the County of Orange. California Supreme Court Case No. S 187414. Directors LeVesque and Sturgeon amended their motions to include the closed session item to the agenda as requested by the General Manager. M/S/C that that the October 26, 2010 agenda be approved as amended. APPROVE OF BOARD MEETING MINUTES FOR OCTOBER 12, 2010 M/S/C (Sturgeon-LeVesque) that the Board meeting minutes for October 12, 2010 be approved as submitted. DISBURSEMENTS M/S/C (Sturgeon-LeVesque) that General Fund Disbursements #226124 through #226308 which were distributed during the period of October 6, 2010 through October 18, 2010, in the amount of $980,203.25 and Payroll and benefit contributions for the period ended October 18, 2010 and included checks and direct deposits, in the amount of $220,916.38 and $7,300.74 totaling $1,208,420.37 be approved. PRESENTATION TO HANK SOWLE FOR TWENTY-FIVE YEARS OF SERVICE The Board President presented Hank Sowle Resolution 2010.21 for his twenty-five years of service to the District. Information only. DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF CONTRACT FOR PLANT 134 UPGRADE AND EXPANSION PROJECT Ms You provided a detailed overview regarding the upgrade and expansion project for Plant 134. She included the following items: • Introduction of the Project • Bid Evaluation Criteria • Bid Results • Bidders Qualifications/Evaluations • Award Recommendation (SSC Construction, Inc.) 2 jpn: 10/26/2010 Director Morales asked a number of questions relating to the project and the criteria used to evaluate the bidder's qualifications including but not limited to: • The bidder's necessary financial resources to complete the work • Where the bar was set to determine SSC Construction's financial resources • Surety insurance • Validity of the information Mr. Buchwald stated that he had received an email from Pacific Hydrotech Corporation regarding the review process and that they concur with the findings from CDM. M/S/C (LeVesque-Malmberg) that the construction contract for Plant 134 upgrade and expansion project be awarded to SSC Construction, Inc. Director Morales stated that due to the current economic situation we want to make sure that a company doesn't go under without performing and completing this project. DISCUSSION AND POSSIBLE ACTION REGARDING 2010 LEGISLATIVE REPORT PRESENTED BY BOB REEB Mr. Reeb provided a detailed annual report regarding the 2009/2010 legislative session to the Board. M/S/C (Malmberg-Morales) that the 2010 Legislative Annual Report presented by Bob Reeb be accepted. DISCUSSION AND POSSIBLE ACTION REGARDING AWARD OF CONTRACT FOR THE CONEJO DRIVE SEWER REPLACEMENT PROJECT Mr. Buchwald reviewed the Conejo Drive Sewer Replacement Project with the Board; that CDM has reviewed and evaluated each of the bids submitted; that CDM's recommendation is to award the contract to Mike Plrich & Sons as they are the successful low bidder. A notation was made that on page four of the document is the correct bid amount and page six has an incorrect amount listed. M/S/C (Sturgeon-Malmberg) that the construction contract for the Conejo Drive Sewer Replacement Project be awarded to Mike Plrich & Sons. DISCUSSION AND POSSIBLE ACTION REGARDING OFFICIAL BALLOT FROM ASSOCIATION OF CALIFORNIA WATER AGENCIES HEALTH BENEFITS AUTHORITY FOR THE HBA BOARD OF DIRECTORS 3 jph: 10/26/2010 M/S/C (LeVesque-Sturgeon) that the Board cast their vote for Randall Reed on the official ballot received from the Association of California Water Agencies for the Health Benefits Authority for the HBA Board of Directors DISCUSSION AND POSSIBLE ACTION REGARDING THE SCHEDULED CLOSURE OF THE DISTRICT'S OFFICES ON DECEMBER 27TH' AND JANUARY 3RD The General Manager reviewed the holiday schedule with the Board. Director Sturgeon is not in favor of having the District closed on either day; that he could find no other agency that is closed on these days and that being closed on either day looks bad to our constituents. Director Sturgeon suggested that the employees be offered an alternative holiday schedule. No action taken. REVIEW AND ACCEPT THE INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2010 The Board reviewed the investment report for the quarter ended September 30, 2009. M/S/C (Sturgeon-Malmberg) that the Investment Report for the quarter ended September 30, 2010 be accepted. GENERAL MANAGER/STAFF REPORT The General Manager reported on the District operations to date; that the bond sale and refunding of existing bonds on Wednesday was very successful. Information only. Mr. Buchwald reviewed the weather based irrigation calculations at Plant 24 with the Board. Information only. Ms Hendricksen provided an update regarding the upcoming facilities tour on October 29`h. Information only. CONSULTANT REPORTS Ms Van Dijk provided the Board an update on the community affairs outreach programs that CV Strategies is working on for the District. Information only. COMMITTEE REPORTS a. Legislative (Standing)—No report. b. Community Affairs (Standing)—No report. c. Policy Committee (Ad-Hoc)—No report. 4 jph: 10/26/2010 d. GM Review(Ad-Hoc)—The committee will be meeting on November 10`h. e. Policy (Ad-Hoc) ORAL COMMENTS FROM BOARD OF DIRECTORS Director Morales stated that he attended the Frontier Project on October 16th and also attended the recent Discover Highland Night; that he was surprised that the District did not participate in the event; that he is suprised that the District did not receive any information regarding the October 13`h History of Water in the Inland Empire lecture. Director Morales also stated that he attended the recent LAIF conference. Information only. The Board took a break at 5:12 p.m. The Board returned to session at 5:18 p.m. CLOSED SESSION The Board entered into Closed Session at 5:18 p.m. as provided in the California Open Meeting Law, Government Code Section 54945.9(a), to discuss those items listed on the agenda. ANNOUNCEMENT OF CLOSED SESSION ACTIONS The Board returned to regular session at 5:44 p.m. The items listed on the agenda were discussed in closed session with the following action being taken: With respect to item #16 No action taken. With respect to item #17 — The Board authorized General Counsel with a 4-1 vote, with Director Sturgeon voting no to file an Amicus Curiae letter to the Supreme Court. ADJOURN The meeting was adjourned at 5:10 p.m. until the next regularly scheduled Board Meeting. George it n sident obert E. Martin, Secretary 11 5 jph: 10/26/2010 I I I