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HomeMy WebLinkAbout2013-08-22 - Board of Directors Meeting Minutes 2013-163 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 22, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The August 22, 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 Delia Lugo, Acting Finance Manager Art Vega, Acting IT Manager DIRECTORS ABSENT Annie Alexander, Executive Secretary Phil Hawkins 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 Mr. Conklin requested to add the following item to the agenda as there was a need to take immediate action on this item and the need for action came to staff's attention subsequent to the agenda being posted. 13.5. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code Director Beverage made a motion, seconded by Director Collett, to add Item No. 13.5. to the agenda. Motion carried 4-0-1 with Director Hawkins being absent. 1 2013-164 5. PUBLIC COMMENTS Director Barbre addressed the Board and reported that MWDOC had hired Mr. Rob Hunter to serve as the agency's new General Manager beginning in early September. He also noted that discussions regarding the proposed consolidation of MWDOC and OCWD are continuing. A committee has been formed to consider this matter consisting of Director's from both agencies. 6. CONSENT CALENDAR Director Collett made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-1 with Director Hawkins being absent. 6.1. Minutes of the Board of Directors Regular Meeting held August 8, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,373,008.91. 6.3. Award of Landscape Maintenance Contract Recommendation: That the Board of Directors authorize the General Manager to enter into a Landscape Service Contract with Marina Landscape, Inc. The initial term of the contract will be 10 months with service starting on September 1, 2013 and ending on June 30, 2014, with a total contract cost not to exceed of $37,050.00 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. 6.4. Progress Payment No. 4 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 4 in the net amount of $88,421.39 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 17B. 6.5. Terms and Conditions for Water and Sewer Service with Yavitz Companies, Inc. Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer with Yavitz Companies, Inc., Job No. 2013-13. 2 2013-165 6.6. Verizon Cell Site Lease Agreement at Quarter Horse Reservoir Recommendation: That the Board of Directors authorize the Acting General Manager to execute the Verizon Cell Site Lease Agreement. 7. ACTION CALENDAR 7.1. Renewal of ISDOC OCCOG Membership Mr. Conklin explained that the Independent Special Districts of Orange County (ISDOC) was conducting a vote of its membership regarding the renewal of its membership in the Orange County Council of Governments (OCCOG). The cost to ISDOC is $5,000. The Executive-Administrative- Organizational Committee reviewed this matter at its last meeting and suggested that Director Collett be asked to provide his opinion as he is currently assigned to attend the ISDOC meetings. Director Collett stated that he didn't see renewal of this membership being an issue. Director Collett made a motion, seconded by Director Kiley, to support the renewal of ISDOC's membership in OCCOG. Motion carried 4-0-1 with Director Hawkins being absent. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report President Melton asked about the postponement of the Board workshop meeting to discuss the draft Organizational & Efficiency Study. Director Beverage explained that staff had contacted the consultant conducting the study and was advised that the draft document would not be available until the end of September. This delay will not affect the evaluation process for the General Manager's position. 8.2. Directors' Report Director's Collett and Kiley expressed their concerns regarding the assessment process for the position of General Manager. • UWI Annual Conference —August 14-16, 2013 (Kiley) Director Kiley reported on his attendance at this conference and commented on several topics presented during the event including the status of the Colorado River, efforts by the Imperial Irrigation District to restore the Salton Sea, the draft Bay Delta Conservation Plan, and hydraulic fracking in California. Director Barbre noted that a presentation regarding fracking had been provided at a recent MWDOC/OCWD Board meeting and that he would be happy to forward a copy of the PowerPoint presentation. He also offered to have the live presentation provided at a future meeting if the Board desired. Director Beverage mentioned that the Citizens Advisory Committee may also be interested in receiving this presentation as well. 3 2013-166 8.3. Acting General Manager's Report Mr. Conklin reported that he had been attending multiple meetings related to the District's request for annexation to OCWD. The OCWD Board has postponed consideration of this matter until their meeting scheduled September 18, 2013. The joint agency committee meeting on August 21, 2013 with the City of Yorba Linda was very productive. An all-hands meeting is scheduled August 28, 2013 which will be followed by lunch provided by the Operations department, a horseshoe competition and hot- tap demonstration. The Directors are invited to attend this event. Construction is on schedule for the Yorba Linda Booster Station and 2012 Pipeline Replacement projects and a pre-bid meeting is scheduled August 28, 2013 for the drilling of Well 21. 8.4. General Counsel's Report Mr. Kidman noted that a Closed Session would be needed. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Minutes of the meeting held August 20, 2013 at 4:00 p.m. will be provided.at the next regular Board meeting. • Next meeting is scheduled to be held September 17, 2013 at 4:00 p.m. 9.2. Finance-Accounting Committee (Hawkins/Melton) • Next meeting is scheduled to be held August 26, 2013 at 12:00 p.m. 9.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held August 13, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. . • Next meeting is scheduled to be held September 10, 2013 at 4:00 p.m. 4 2013-167 9.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held August 5, 2013 at 12:00 p.m. were provided in the agenda packet. • 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. were provided in the agenda packet. • Next meeting is scheduled to be held August 27, 2013 at 4:00 p.m. 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) • Minutes of the meeting held August 21, 2013 at 6:00 p.m. will be provided at the next regular Board meeting. Directors Kiley and Beverage briefly commented on matters discussed during this meeting and plans for conducting the next meeting. Councilmember Hernandez stated that the City of Yorba Linda would like to ask a representative from the YLWD Board to attend the City's Citizens Advisory Committee meetings for the Landscape Maintenance Assessment District (LMAD). President Melton appointed Directors Kiley and Beverage to alternate their attendance at these meetings. • Next meeting is scheduled to be held October 16, 2013 at 6:00 p.m. 5 2013-168 9.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Next meeting is scheduled to be held September 24, 2013 at 4:00 p.m. 9.10. Citizens Advisory Committee (Beverage) • Next meeting is scheduled to be held August 26, 2013 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council —August 20, 2013 (Collett) Director Collett attended and commented on a presentation provided by the Orange County Vector Control. He also noted that the Mayor was planning to reinstate the State of the City address. 10.2. MWDOC Board —August 21, 2013 (Melton) Director Melton attended but did not any District related business to report. 10.3. OCWD Board —August 21, 2013 (Staff) Mr. Conklin reported that staff had attended this meeting which consisted mostly of consent calendar item's. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from August 23, 2013 — September 30, 2013 The Board reviewed the activity calendar and made no changes. An updated calendar will be distributed following the meeting. 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 12.1. CSDA Special District Leadership Academy Conference — November 17- 20, 2013 President Melton expressed an interest in attending this conference. Director Beverage made a motion, seconded by Director Collett, to authorize Director attendance at this event if desired. Motion carried 4-0-1 with Director Hawkins being absent. 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:22 a.m. All Directors were present with the exception of Director Hawkins. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 6 2013-169 13.1. 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) 13.2. 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) 13.3. 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 13.4. 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 13.5. Public Employee Discipline/Dismissal/Release Pursuant to Section 54957 of the California Government Code The Board reconvened in Open Session at 10:50 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 7 2013-170 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:50 a.m. The next Regular Board of Directors Meeting will be held Thursday, September 12, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary 8 •