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HomeMy WebLinkAbout2013-08-08 - Board of Directors Meeting Minutes 2013-154 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 8, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The August 8, 2013 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Melton at 8:34 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 Gina Knight, HR and Risk Manager Michael J. Beverage Delia Lugo, Acting Finance Manager Ric Collett Ken Mendum, Water Maintenance Superintendent 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. Gene Hernandez, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Director Barbre addressed the Board and commented on the recent ruling by Superior Court Judge Gregory Munoz that the City of San Capistrano's tiered water rate system was illegal, as a rate increase implemented in 2010 was not properly substantiated. Director Barbre then reported that a MWDOC Board Subcommittee would be meeting later this same day to negotiate an employment contract for a new General Manager. He further stated that MWDOC had formed an ad hoc committee to address the proposed consolidation of MWDOC and OCWD. Director Barbre, Director Jeffery Thomas and Director Wayne Clark were appointed to serve on this new committee. 1 2013-155 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) • Minutes of the meeting held July 22, 2013 at 8:30 a.m. were provided in the agenda packet. Director Beverage provided a report regarding matters discussed during the CAC meeting including a presentation on OCTA's Railroad Corridor Grade Separation Project, the adopted budget for FY 2013/14, and the status of the District's request for annexation to OCWD. Presentations regarding WEROC and the District's Organizational & Efficiency Study are scheduled to be provided at future Committee meetings. • Next meeting is scheduled to be held August 26, 2013 at 8:30 a.m. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Kiley, 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 vendors. Motion carried 5-0. 7.1. Minutes of the Board of Directors Special Meeting held July 19, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Regular Meeting held July 25, 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$2,117,470.30. 7.4. Progress Payment No. 6 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Progress Payment No. 6 in the net amount of $46,835.00 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase II, Job No. 2011-20. 2 2013-156 7.5. Investment Report for Period Ending June 30, 2013 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending June 2013. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report President Melton did not have any comments at this time. 8.2. Directors' Report Director Collett briefly commented on a moratorium on the issuance of new water connections in Cambria that could soon be lifted. A petition is being circulated opposing this action due to the water shortage in the area. 8.3. Acting General Manager's Report Mr. Conklin reported that he was continuing to attend meetings related to the District's application for annexation to OCWD. This matter is scheduled to come before the OCWD Board on September 4, 2013 for a final vote. Mr. Conklin further reported that he had scheduled a meeting with Mr. Mark Pulone, the new City Manager for the City of Yorba Linda on August 19, 2013. Work is now complete on the water service at the Placentia-Linda Hospital and final paving in the alley will commence shortly. The District did receive a claim from the hospital's parent company which will be discussed at the Personnel-Risk Management Committee meeting scheduled later in the month. Construction projects are going well; staff recently replaced a 60 year old 26" steel pipeline with a new 12" PVC pipeline on Richfield Road. The old line was filled with a substance that would allow it to be abandoned in place. Final paving on Richfield Road will take place next week and staff will move on to rebuilding the pressure regulating station on Cresthill Drive near Esperanza High School. Concrete is in the process of being poured at the Yorba Linda booster pump station site. Mr. Conklin then invited the Board to attend a staff luncheon and horseshoe tournament on August 25, 2013. The winners of the horseshoe tournament will join the District's hot tap team who will represent YLWD during competitions being held at the Orange County Water Association's annual barbeque on September 18, 2013. Mr. Conklin concluded his report and noted that the District's Customer Service Division had recently received 2 letters of appreciation for their excellent service. Mr. Conklin and Mr. Kidman then responded to questions from the Board regarding the District's responsibility for abandoned pipelines. 3 2013-157 8.4. General Counsel's Report Mr. Kidman briefly commented on the status of AB 145 (transfer of the state's drinking water program from the Department of Public Health to the State Water Resources Control Board) and the recent ruling regarding the City of San Capistrano's tiered water rate system. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS CONTINUED 9.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Next meeting is scheduled to be held August 20, 2013 at 4:00 p.m. 9.2. Finance-Accounting Committee (Hawkins/Melton) • Minutes of the meeting held July 22, 2013 at 10:00 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held August 26, 2013 at 12:00 p.m. 9.3. Personnel-Risk Management Committee (Collett/Beverage) • Next meeting Is scheduled to be held August 13, 2013 at 4:00 p.m. 9.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held August 5, 2013 at 12:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held September 3, 2013 at 12:00 p.m. 9.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Minutes of the meeting held August 6, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held September 9, 2013 at 4:00 p.m. 4 2013-158 9.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage/Hawkins) • Next meeting to be scheduled. 9.7. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) • Next meeting to be scheduled. 9.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) • Next meeting is scheduled to be held August 21, 2013 at 6:00 p.m. 9.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Minutes of the meeting held July 23, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held September 24, 2013 at 4:00 p.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. WACO —August 2, 2013 (Hawkins/Kiley) Directors Kiley attended and commented on a presentation regarding water laws and regulations which was provided by Mr. Anthony Francois, Attorney for the Pacific Legal Foundation. 10.2. YL City Council —August 6, 2013 (Kiley) Director Kiley attended and commented on the Lighting and Landscaping Maintenance District assessments, communication to County Supervisor Todd Spitzer regarding the Cielo Vista/Esperanza Hills Development, future use of the site formerly known as the Friends Church Christian High School Property, and an update of the Trueblood House which were discussed during the meeting 10.3. MWDOC/MWD Workshop —August 7, 2013 (Melton) Director Melton attended and commented on a presentation regarding the status of the Colorado River which was provided by Mr. Bill Hasencamp during the meeting. 5 2013-159 10.4. OCWD Board —August 7, 2013 (Kiley) Staff attended this meeting in place of Director Kiley due to a schedule conflict. Mr. Conklin stated that there was not much to report other than the discussion regarding the proposed consolidation of MWDOC and OCWD. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from August 9, 2013 — September 30, 2013 The Board reviewed the activity calendar and made no changes. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:20 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 12.1. 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) 12.2. 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) 12.3. 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 12.4. 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 6 • • 2013-160 The Board reconvened in Open Session at 10:20 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 13. ADJOURNMENT 13.1. The meeting was adjourned at 10:21 a.m. The next Regular Board of Directors Meeting will be held Thursday, August 22, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary 7