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HomeMy WebLinkAbout2013-02-14 - Board of Directors Meeting Minutes 2013-023 ' MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 14, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The February 14, 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. 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 John DeCriscio, Acting Operations Manager ' Michael J. Beverage Gina Knight, Human Resources and Risk Mgr Ric Collett Stephen Parker, Finance Manager Phil Hawkins Art Vega, Acting Information Technology Mgr Anthony Manzano, Senior Project Manager Hank Samaripa, Project Engineer Derek Nguyen, Water Quality Engineer Damon Micalizzi, Public Information Officer Annie Alexander, Executive Secretary ALSO PRESENT Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP (Arrived 8:41 a.m.) Richard Kreisler, Partner, Liebert Cassidy Whitmore (Attended Closed Session Only) Daniel Mole, Chair, YLWD Citizens Advisory Committee Christopher Townsend, President, Townsend Public Affairs Heather Stratman, Senior Director, Townsend Public Affairs 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 1 2013-024 6. COMMITTEE REPORTS ' 6.1. Citizens Advisory Committee (Beverage) • Minutes of the meeting held January 28, 2013 at 8:30 a.m. were provided in the agenda packet. Mr. Mole addressed the Board and provided a report regarding matters discussed during the meeting. He stated that he was very appreciative of the presentation provided by Mr. Rob Hanford, District Manager for the Golden State Water Company. Mr. Mole then commented on the significant difference in water rates between a public utility and a special district and concluded his report by thanking the Board of Directors for the service they provide the District's ratepayers. President Melton thanked Mr. Mole for his kind words. Director Beverage commented on a discussion regarding the purpose of the Committee which took place during the meeting. • Next meeting is scheduled February 25, 2013 at 8:30 a.m. 7. PRESENTATIONS , 7.1. Water Operations /Water Quality Presentation Mr. DeCriscio provided the Board with a presentation regarding a re- chlorination pilot study performed at the Hidden Hills Reservoir. He explained that following construction of this 2 million gallon reservoir, the District began experiencing water quality issues at this site as the reservoir was extremely oversized compared to the low local water demands (averaging 120 thousand gallons per day). As the community in that area is concerned with water storage volumes, staff was tasked with coming up with a solution to improve or increase the water storage volumes while maintaining high water quality standards and minimizing flushing operations. Staff installed a reservoir mixing system at the reservoir and while it did improve water quality some, unfortunately it wasn't tremendously effective as the water demands were so low compared to the tank size. The installation of a chloramination system at the site was then included in the FY 2011/12 budget, but due to the cost and maintenance required, this project was postponed while staff looked at other alternate solutions. Staff from the Production Division then came up with the idea to recombine chlorine with the free available ammonia to increase water quality in the tank. Staff conducted a pilot study at the reservoir with great success. The results were evaluated by the District's ' Production and Water Quality Divisions as well as the State Health Department. Staff is now recommending that the District proceed with the installation of a permanent chlorination system instead of the previously proposed chloramination system. Staff will also be looking at additional 2 2013-025 ' reservoirs that may benefit from the installation of a similar system. Mr. Conklin thanked Mr. DeCriscio for his presentation and commended staff for their efforts regarding this matter. Mr. Conklin and Mr. DeCriscio then responded to questions from the Board regarding the determination of the size of the Hidden Hills Reservoir and utilization of its two bays. Mr. Nguyen provided the Board with a presentation regarding the two different water disinfection methods (free chlorine and chloramine) being utilized by the District and their combined effect on taste and odor when the source water is being changed in the distribution system from groundwater to import water or vice versa. Mr. Nguyen then responded to questions from the Board regarding the length of time customers may be able to detect a change in the taste or odor of their water while a change in the source is taking place. Mr. Conklin clarified that the temporary change in taste in odor is strictly an aesthetic issue and is not a health concern. 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 5-0. 8.1. Minutes of the Board of Directors Regular Meeting held January 24, 2013 ' Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Workshop Meeting held January 29, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Minutes of the Board of Directors Special Meeting held January 30, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.4. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,573,369.40. 8.5. Investment Report for Period Ending December 31, 2012 ' Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending December 2012. 3 2013-026 9. ACTION CALENDAR ' 9.1. Final Payment / Change Order No. 1 for the YL Blvd Pipeline Project Mr. Conklin stated that this project had gone very well and that construction of the pipeline had been completed with very few problems. Mr. Conklin then explained that the contractor had submitted one Change Order for approximately $122,000 for extra work on the project. Staff reviewed the request and negotiated a $23,000 decrease in the amount. Director Kiley stated that the Planning-Engineering-Operation Committee had been observing the progress of this project and supported approval of the revised Change Order. Director Kiley made a motion, seconded by Director Hawkins, to approve Change Order No. 1 in the amount of$99,265.35 including nine additional calendar days and Final Progress Payment No. 7 in the net amount of $107,032.08. Further, authorize staff to file the Notice of Completion and release the retention 35-days following recordation, if no liens have been filed; release the Payment Bond, and release the Faithful Performance Bond in one year if no defects have been found for the construction of the Yorba Linda Blvd Pipeline Project, Job No. 2008-17. Motion carried 5-0. 9.2. 1000 to 920-ft. Zone Reconfiguration Waterline Mr. Conklin explained that this proposed project would involve the ' conversion of approximately 120 homes from the 1000-ft. pressure zone to the 920-ft. zone. This modification will help lower substantially high water pressure for homes in the 1000-ft zone, increase utilization of the Quarterhorse Reservoir, and lower demands on the Little Canyon Reservoir. The project will require the construction of 250 ft. of 10-inch pipe as well as a retaining wall. Director Kiley stated that the Planning- Engineering-Operations Committee had reviewed and approved of the project. Mr. Conklin then responded to questions from the Board regarding customer notification and possible adjustments that might be needed for their pressure regulator valves. Director Kiley made a motion, seconded by Director Hawkins, to authorize approval of this project allowing staff to solicit bids to construct the 1000 to 920-ft. Zone Reconfiguration Waterline. Motion carried 5-0. Mr. Mole left the meeting at this time. 9.3. Authorized Officers for Investments Held at Pershing Mr. Parker explained that Pershing had requested some minor revisions to a similar resolution previously approved by the Board in October 2012. The revised resolution has been vetted by Pershing's legal counsel and ' reviewed by the Finance-Accounting Committee. Director Hawkins stated that the requested modifications were very minimal and asked if District's legal counsel had reviewed the revised resolution. Mr. Parker confirmed that it had been. 4 2013-027 ' Director Hawkins made a motion, seconded by Director Kiley, to approve Resolution No. 13-02 Authorizing the Acting General Manager and Finance Manager to Act on Behalf of the District Relating to District Investments Held at Pershing LLC and Rescinding Resolution No. 12-24. Motion carried 5-0 on a Roll Call vote. 9.4. Proposed Revision to Procurement and Purchasing Policy Mr. Conklin explained that the Board had previously requested staff to look into modifying the District's purchasing policy to allow for non- scheduled repair of large capital assets. The Executive-Administrative- Organizational Committee as well as District's legal counsel have both reviewed and approved the revised policy. Director Collett made a motion, seconded by Director Hawkins, to approve Resolution No. 13-03 adopting the revised Procurement and Purchasing Policy. Motion carried 5-0 on a Roll Call vote. 9.5. Amending Employee Compensation Letters to Incorporate Provisions of AB 340 and Application of At-Will Employment for Future Unrepresented Employees Mrs. Knight stated that staff was instructed to revise the FY 2012/15 compensation letters for both the Management and ' Supervisory/Confidential employees to incorporate the provisions of AB 340 and include the application of At-Will employment for all unrepresented employees hired on or after January 24, 2013. Director Collett stated that the Personnel-Risk Management Committee had reviewed the proposed revisions and requested some minor changes. Director Collett made a motion, seconded by Director Beverage, to adopt Resolution No. 13-04 Amending Resolution Nos. 12-07 and 12-08 to Incorporate Provisions of AB 340 and Application of At-Will Employment for all Future Unrepresented District Employees. Motion carried 5-0 on a Roll Call vote. 9.6. Proposed Extension of Professional Services Agreement with Townsend Public Affairs Mr. Conklin explained that Townsend Public Affairs (TPA) had requested to extend its service agreement for government relations and legislative advocacy services through June 30, 2013. Their fee would remain $5,000 per month for the original scope of services. Mr. Townsend addressed the Board and stated that he had enjoyed working with the District and that he was happy to answer any questions. ' The Executive-Administrative-Committee had reviewed TPA's request and recommended that the Board approve extension of the contract through the end of the current fiscal year. 5 2013-028 Director Kiley made a motion, seconded by Director Beverage, to extend , the Professional Services Agreement with Townsend Public Affairs at a fee of $5,000 per month through the end of the fiscal year Motion carried 5-0. 9.7. Appointment of Committee Members for the City of YL/YLWD Joint- Agency Standing Committee Mr. Conklin explained that the District had approached the City of Yorba Linda with a request to form a joint agency committee to review, discuss and consider items of mutual interest. The YL City Council has agreed and is recommending that two members from both the District's Board and the City's Council be assigned to serve on the committee. The YL City Council will be making their assignments at their next regular meeting scheduled February 19, 2013. Following brief discussion, President Melton appointed Directors Kiley and Beverage to serve on this committee. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report None. 10.2. Directors' Report ' Director Kiley noted that the continued construction on Yorba Linda Blvd was being conducted by SCE and not the District. 10.3. Acting General Manager's Report Mr. Conklin reported that he had attended the scoping meeting on January 31, 2013 for the preparation of a draft environmental impact report for the Esperanza Hills Project. Approximately 150 people were in attendance. Most of the concerns expressed during the meeting focused on traffic and ingress/egress in the event of another wildfire. Mr. Conklin also attended two meetings at the end of January regarding the District's request for annexation to OCWD. Staff is expecting the release of the draft environmental impact report in mid-March which would be followed by a 45 day review period. Mr. Conklin stated that he was planning to attend the MWDOC Colorado River Aqueduct Inspection Tour scheduled March 8-10, 2013 and that he would be out of the office for the next week and a half, returning on February 27, 2013. Mrs. Knight will be fulfilling the duties of the Acting General Manager during his absence. ' Mrs. Stratman and Mr. Townsend left the meeting at this time. 6 2013-029 ' Construction Progress Presentation Mr. Conklin then provided the Board with a presentation regarding the status of current construction projects. This included an overview of the Highland Booster Pump Station Project, the equipping of Well No. 20, the Yorba Linda Blvd Pipeline and Booster Pump Station Project, and the upgrade of four pressure regulation stations. Mr. Manzano left the meeting at this time. 10.4. General Counsel's Report Mr. Kidman reported that during Closed Session at the January 24, 2013 Board of Directors meeting, the Board had approved a settlement agreement with MAMCO, Inc. (MAMCO, Inc. vs. YLWD (OC Superior Court — Case No. 00595177)). The agreement has been fully executed by both parties and is considered a public record. Mr. Conklin commended Mr. Joe Polimino, Project Engineer for the District, for his excellent record keeping skills which enabled a quick resolution to the matter. ' Mr. Kidman commended staff on the presentations provided during the meeting and stated that he thought that the greatest advance in the history of public health was the disinfection of water. Mr. Kidman further noted that the 200th anniversary of the birthday of Dr. John Snow, who is celebrated in the public health community for his discovery of the spread of cholera through contaminated water in London, would occur on March 15, 2013. 10.5. Future Agenda Items and Staff Tasks Director Hawkins asked about the status of the report to the Board regarding the salary for the future General Manager. Director Collett responded and stated that the Personnel-Risk Management Committee was planning to schedule a workshop meeting to bring this matter, as well as the proposed employment contract for this position, to the Board for review. President Melton stated that he had previously requested that staff look into the installation of fire protection/fire retardant systems for booster pump stations in remote locations. He suggested that this matter be assigned to Planning-Engineering-Operations Committee for follow up. 11. COMMITTEE REPORTS CONTINUED ' 11.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Next meeting is scheduled February 27, 2013 at 9:00 a.m. 7 2013-030 11.2. Finance-Accounting Committee , (Hawkins/Melton) • Minutes of the meeting held January 28, 2013 at 12:00 p.m. were provided in the agenda packet. • Next meeting is scheduled February 25, 2013 at 4:00 p.m. 11.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held February 5, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled February 26, 2013 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held February 13, 2013 at 3:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled March 7, 2013 at 3:00 p.m. ' 11.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Minutes of the meeting held January 21, 2013 at 4:00 p.m. were provided in the agenda packet. • Minutes of the meeting held February 4, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled February 20, 2013 at 4:00 p.m. 11.6. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) • Minutes of the meeting held February 4, 2013 at 9:00 a.m. were provided in the agenda packet. • Next meeting to be scheduled in May 2013. 1 8 2013-031 ' 11.7. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Minutes of the meeting held January 22, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled March 26, 2013 at 4:00 p.m. 11. INTERGOVERNMENTAL MEETINGS 12.1. ISDOC — January 31, 2013 (Collett/Hawkins/Kiley) Directors Collett and Hawkins attended. Director Hawkins reported that LAFCO was recruiting for a new Executive Officer and that the OC Water Summit had been scheduled for May 17, 2013. Director Hawkins then commented on a presentation provided during the meeting by the Honorable Shawn Nelson, Chair of the OC Board of Supervisors, regarding various county issues. Director Collett reported that LAFCO would soon begin their 5-year municipal service review of local government agencies and briefly commented on CSDA's efforts in regards to CEQA reform. 12.2. WACO — February 1, 2013 (Hawkins/Kiley) ' Directors Hawkins and Kiley attended. Director Hawkins reported that the Children's Water Festival had been moved from the Nixon Library to LIC Irvine in order to accommodate the attendance of additional students. He then commented on a presentation provided during the meeting by Ms. Susan Longville, Director of the Water Resources Institute, regarding the development of a new program to restore old water documents. He stated what he would forward Ms. Longville's contact information to Mr. Micalizzi. Also discussed during the meeting was AB 194, a bill which would make it a misdemeanor for the chairperson of a legislative body of a local agency to preclude public criticism during a meeting. Director Hawkins suggested that Mr. Micalizzi keep tabs on this proposed legislation. Director Kiley then commented on another presentation provided during the meeting by Chris Abel, Community Outreach Manager for SCE, regarding the reliability and importance of the San Onofre Nuclear Generating Station. Director Kiley suggested that Mr. Abel be invited to provide the same presentation to the Board at a future meeting and invite the members of the Citizen's Advisory Committee to attend. Director Kiley noted that a short presentation regarding the history and re-branding of the Mesa Water District was also provided during the meeting. ' Mr. Kidman stated that he had received word from the Office of the State Legislative Committee that once an exemption for the proposed bullet train was approved, the focus on CEQA reform may disappear. 9 2013-032 Mr. Conklin asked for confirmation that the Board would like staff to , arrange for a presentation from Mr. Abel regarding the San Onofre Plant. Director Kiley suggested that it would be a good idea and Director Hawkins agreed. 12.3. YL City Council — February 5, 2013 (Kiley) Director Kiley attended and commented on a presentation provided during the meeting by OCTA regarding the ongoing construction on the 57 and 91 freeways. Director Kiley further reported that OCTA had also agreed to fund additional City environmental mitigation efforts for a piece of property on which a gas station previously operated. Additionally, the City Council approved the District's request to form a joint agency committee. Councilmember Anderson requested that the committee be set up as a standing committee and that the meetings be held in the evening in order to encourage public attendance. Mr. Conklin stated that he would contact Mr. Steve Rudometkin at the City to schedule the first meeting of this committee after he returns to the office. Director Kiley concluded his report and noted that the City Council had also declared the City as a "Red Shirt" city in order to honor veterans. 12.4. MWDOC/MWD Workshop — February 6, 2013 (Melton/Staf ) Director Melton attended and commented on MWD's proposed foundational action program which was discussed during the meeting. ' Also discussed during the meeting were the 6-month financial statements and the current water supply situation. 12.5. OCWD Board — February 6, 2013 (Kiley/Staff) Director Kiley attended and reported that there was very little discussion regarding the District's request for annexation. 12.6. YL Planning Commission — February 13, 2013 (Melton) This meeting was cancelled. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from February 15, 2013 — March 31, 2013 The Board reviewed the activity calendar and made no changes with the exception of the addition of a Board workshop meeting on Thursday, April 18, 2013 at 8:30 a.m. to discuss the budget for FY 2013/14. 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1. MWDOC Colorado River Aqueduct Inspection Trip — March 8-10, 2013 Children's Water Education Festival — March 27-28, 2013 ' Santa Ana River Watershed Conference —April 11, 2013 10 2013-033 ' ACWA/JPIA Spring Conference — May 6-7, 2013 ACWA Spring Conference — May 7-10, 2013 OC Water Summit — May 17, 2013 Director Beverage made a motion, seconded by Director Kiley, to authorize Director attendance at these events if desired. Motion carried 5-0. 15. CLOSED SESSION The meeting was adjourned to Closed Session at 10:21 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman, Beltran, and Kreisler. (The following items were taken out of order.) 15.2. 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 Number of Potential Cases: Two ' Mrs. Knight and Mr. Kreisler left the Closed Session following discussion of Item No. 15.2. 15.1. 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 (OCSC — Case No. 00486884) Name of Case: OCTA vs. YLWD (OCSC — Case No. 00606042) and related cross-complaint and appeal. Name of Case: OCTA vs. Amelia De Agundez et al. (OCSC — Case No. 00598169) Name of Case: OCTA vs. Tom Smith et al. (OCSC Case No. 00598177) Name of Case: OCTA vs. Issa Minassian et al. (OCSC Case No. 00598191) 11 2013-034 Name of Case: OCTA vs. Jack Goodman and Frances S. Goodman, as Trustees Under The Goodman Family Trust ' Established June 25, 1985 et al. (OCSC Case No. 00598208) Name of Case: OCTA vs. Lakeview Industrial Park LLC et al. (OCSC Case No. 00599071) Name of Case: OCTA vs. Lakeview Orchard Association et al. (OCSC Case No. 00604657) Name of Case: OCTA vs. Cobblestone 1993 Ltd. et al. (OCSC Case No. 00604669) Name of Case: OCTA vs. James V. Carone et al. (OCSC Case No. 00604675) Name of Case: OCTA vs. Orange Management, LLC (OCSC Case No. 00598197) The Board reconvened in Open Session at 11:34 a.m. President Melton announced that the Board of Directors had approved and authorized the execution of a Settlement Agreement and Mutual Release to end the litigation , with the Orange County Transportation Authority. A copy of the agreement is available as a public record. No other action was taken during Closed Session that was required to be reported under the Brown Act. 16. ADJOURNMENT 16.1. The meeting was adjourned at 11:35 a.m. The next Regular Meeting of the Board of Directors is scheduled to be held Thursday, February 28, 2013 at 8:30 a.m. ve Conklin Board Secretary 12