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HomeMy WebLinkAbout2013-07-11 - Board of Directors Meeting Minutes 2013-132 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 11, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The July 11, 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, Operations Manager Michael J. Beverage Gina Knight, HR and Risk Manager Ric Collett Stephen Parker, Finance Manager Phil Hawkins 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. Tom Lindsey, Mayor, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP (Arrived 8:45 a.m.) Daniel Mole, Chair, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) • Minutes of the meeting held June 24, 2013 at 8:30 a.m. were provided in the agenda packet. Mr. Mole addressed the Board and 1 2013-133 provided a report regarding matters discussed during the meeting including the Bay-Delta Conservation Plan, the draft budget for FY 2013/14, the OC Water Summit, and the results from the YLWD/City of YL Joint Agency Committee meeting. The Committee decided to table the discussion regarding its structure and bylaws. Mr. Mole also noted that the Committee was happy with the current number of members (10) and they would leave it to the Board to decide if the 2 additional vacant positions should be filled. • Next meeting is scheduled to be held July 22, 2013 at 8:30 a.m. 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 the Credit Card Payment Summary on Item No. 7.3. as he has a financial interest with one of the vendors. 7.1. Minutes of the Board of Directors Regular Meeting held June 27, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Workshop Meeting held July 1, 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$544,608.90. 7.4. Progress Payment No. 5 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Progress Payment No. 5 in the net amount of $112,000.00 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase II, Job No. 2011-20. 8. ACTION CALENDAR 8.1. Financial Reserves Policy for FY 2013/14 Mr. Parker explained that there were only a few minor revisions to the policy with the exception of the addition of a Debt Service Reserve. This reserve is currently funded on an annual basis and identified in the monthly investment reports, but has not been previously included in the 2 2013-134 District's reserves policy. Director Hawkins reported that the proposed revisions had been reviewed by the Finance-Accounting Committee. Director Kiley made a motion, seconded by Director Hawkins, to approve Resolution No. 13-07 Adopting the Financial Reserves Policy for Fiscal Year 2013/14. Motion carried 5-0 on a Roll Call vote. 8.2. Appropriations Limit for FY 2013/14 Mr. Parker explained that the District was legally required to adopt the Appropriations Limit each fiscal year. This is to assure that the District does not assess and collect property taxes in excess of the controlled limits. The District only receives a relatively small amount of revenue from property taxes and has been historically well below these limits each year. Director Hawkins stated that the matter had been reviewed by the Finance-Accounting Committee. Director Hawkins made a motion, seconded by Director Collett, to approve Resolution No. 13-08 Adopting the Appropriations Limit for Fiscal Year 2013/14. Motion carried 5-0 on a Roll Call vote. 8.3. Proposed Budgeted Positions for Fiscal Year 2013/14 Mrs. Knight explained that Board would shortly be considering the adoption of a budget that would fund 77 full-time and 4 part-time positions for the next fiscal year. This includes the addition of a full-time position (Safety and Training Coordinator), the reclassification of 5 existing positions, and the changing of job titles of 2 existing positions. In accordance with the District's Personnel Rules, the budgeted positions must be authorized separately from the budget by resolution. Director Collett stated that the proposed revisions had been reviewed by the Personnel-Risk Management Committee. Director Collett made a motion, seconded by Director Kiley, to approve Resolution No. 13-09 Approving the Budget Positions for Fiscal Year 2013/14 and Rescinding Resolution No. 12-27. Motion carried 5-0 on a Roll Call vote. 8.4. Proposed Budget for FY 2013/14 Mr. Conklin provided an overall summary of the proposed budget and the total anticipated outlays and revenue included therein. Directors Kiley and Beverage commended staff for their work on this document. Mr. Conklin and Mr. Parker then responded to questions from the Board regarding the distribution of the finalized document. Director Collett made a motion, seconded by Director Beverage, to approve Resolution No. 13-10 Adopting the Budget for Fiscal Year 2013/14 and Rescinding Resolution No. 12-14. Motion carried 5-0 on a Roll Call vote. 3 2013-135 8.5. Sewer Charges Collected on the Tax Roll for Fiscal Year 2013/14 Mr. Parker explained that as the residents of the Locke Ranch area do not receive water from the District, their sewer charges are collected annually by the County on the property tax roll. Prior to performing this service, the Auditor/Controller's Office requires that the Board adopt a resolution directing the County to add the charges to the tax rolls for the properties in this area. Mr. Parker and Mr. Conklin then commented on staff's efforts to deal with a disparity between sewer rates for some customers that occurred when the City's sewer system was conferred to the District. Director Hawkins made a motion, seconded by Director Kiley, to approve Resolution No. 13-12 Electing to Have Certain Sewer Maintenance Charges Collected on the FY 2013/14 Tax Roll and Superseding Resolution No. 12-16. Motion carried 5-0 on a Roll Call vote. 8.6. OPEB Deposit with CERBT Mr. Parker explained that staff was requesting authorization to pre-fund the District's budgeted Annual Required Contribution (ARC) for Other Post-Employment Benefits (OPEB) for the next fiscal year in the amount of $175,297 to the California Employees' Retirement Benefit Trust (CERBT). The actuarially projected OPEB expenses for the next fiscal year are $137,512. Pre-funding the budgeted amount instead of the projected amount will allow the District to take advantage of CERBT's high investment rate of return during this time period. Mr. Parker then responded to questions from the Board regarding the risk involved and what types of investments CERBT would have access to. Director Barbre briefly commented on the matter and suggested that the funds be placed in an irrevocable trust. Mr. Parker explained that these funds would be placed in this type of trust in accordance with a resolution previously adopted by the Board. A copy of this resolution will be provided to the Board for reference following the meeting. Director Beverage made a motion, seconded by Director Collett, to authorize staff to deposit $175,297 (the District's Annual Required Contribution) to the California Employees' Retirement Benefit Trust (CERBT) for FY 2013/14. Motion carried 5-0. 8.7. Engineering Services for the Fairmont Booster Station Upgrade Project Mr. Conklin explained that staff had issued a Request for Proposal to 11 consultants for engineering planning, design and construction services for this project. A total of 8 proposals were received which were then evaluated, ranked, and scored. The firm with the highest technical score was MWH Americas, Inc. The separate fee envelopes from each consultant were then opened and evaluated, and the fee submitted by MWH was found to be reasonable and appropriate. Staff is thus 4 2013-136 recommending award of the Professional Services Agreement to MWH based on technical merit and the quality of its project team. Mr. Conklin and Mr. Kidman then responded to questions from the Board regarding the impact of successful annexation on this project and the bidding and award process. Director Kiley made a motion, seconded by Director Hawkins, to authorize execution of a Professional Services Agreement with MWH Americas, Inc., in the amount of $549,584, for engineering, planning, design, and construction phase services for the Fairmont Booster Station Upgrade Project, Job No. 2010-11B. Motion carried 5-0. Mayor Lindsey briefly commented on a meeting he was attending with Shapell regarding a proposed development on Gun Club Road. He also expressed his appreciation for the District's participation in the joint-agency meetings with the City and responded to questions from the Board regarding the possibility of a District official serving as a liaison to the City's Citizens Advisory Committee for the Landscape Maintenance Assessment District Program. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report President Melton did not have any comments at this time. 9.2. Directors' Report None. 9.3. Acting General Manager's Report Mr. Conklin reported on the recent employee picnic and the status of the OCWD annexation, the Organizational & Efficiency Study, and repairs at the Placentia-Linda Hospital. 9.4. General Counsel's Report Mr. Kidman stated that he did not have anything to report and that the Closed Session would not 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 June 25, 2013 at 12:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 16, 2013 at 4:00 p.m. 5 2013-137 10.2. Finance-Accounting Committee (Hawkins/Melton) • Minutes of the meeting held June 28, 2013 at 8:00 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 22, 2013 at 12:00 p.m. (This meeting was subsequently changed to 10:00 a.m. the same day.) 10.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held July 9, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held August 13, 2013 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held July 8, 2013 at 12:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held August 5, 2013 at 12:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Minutes of the meeting held July 10, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held August 5, 2013 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage/Hawkins) • Next meeting scheduled to be held July 17, 2013 at 3:00 p.m. 10.7. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) • Next meeting to be scheduled. 6 2013-138 10.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) • Minutes of the meeting held June 19, 2013 at 6:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held August 21, 2013 at 6:00 p.m. 9 9 P 10.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Next meeting is scheduled to be held July 23, 2013 at 4:00 p.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council — July 2, 2013 (Kiley) Director Kiley attended and reported that both Mr. Steve Rudometkin and Mr. Mark Stowell had left their employment with the City. He also commented on a zoning code amendment pertaining to temporary signs which was discussed during the meeting. He noted that the meeting scheduled September 3, 2013 had been cancelled. 11.2. MWDOC/MWD Workshop — July 3, 2013 (Melton) Director Melton attended and commented on the Bay-Delta Conservation Plan and pending litigation involving the Imperial Irrigation District which was discussed during the meeting. 11.3. OCWD Board — July 10, 2013 (Kiley) Director Kiley attended and commented on a presentation regarding sea water desalination which was provided at the meeting. 11.4. YL Planning Commission — July 10, 2013 (Melton) Director Melton attended and commented on a few houses being constructed on vacant lots. He also noted that the meeting scheduled August 14, 2013 had been cancelled. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from July 12, 2013 —August 31, 2013 The Board reviewed the activity calendar and made no changes. 7 2013-139 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. MWDOC Water Policy Forum & Dinner— July 24, 2013 CSDA Annual Conference — September 16-19, 2013 Director Hawkins made a motion, seconded by Director Kiley, to authorize Director attendance at these events if desired. Motion carried 5-0. (No Closed Session was held.) 14. CLOSE. SESSION 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 Cori.any 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 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 8 2013-140 15. ADJOURNMENT 15.1. The meeting was adjourned at 9:41 a.m. The next Regular Board of ' * Steven R. Conklin Board Secretary 9