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HomeMy WebLinkAbout2013-09-12 - Board of Directors Meeting Minutes 2013-172 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 12, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 12, 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 Phil Hawkins Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Ruben Maldonado, Water Quality Technician II Damon Micalizzi, Public Information Officer ALSO PRESENT Gene Hernandez, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee 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. 9.4. Approval of Sole-Source Professional Services Agreement for Land Surveying Services Recommendation: That the Board of Directors authorize approval of a sole-source Professional Services Agreement with Johnson- Frank & Associates, Inc., for professional land surveying and mapping services for a total fee not to exceed $12,000 for preparation of OCWD Annexation Area legal description and 1 2013-173 exhibit, as necessary for submittal and processing through the County Surveyor and LAFCO. Director Beverage made a motion, seconded by Director Kiley, to add Item No. 9.4. to the agenda. Motion carried 5-0. 5. PUBLIC COMMENTS None. The following items were taken out of order. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) • Minutes of the meeting held August 26, 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 including a presentation regarding the Water Emergency Response Organization of Orange County (WEROC), the District's request for annexation to OCWD, and the recently formed OCWD Desalination Citizens Advisory Committee (CAC). Mr. Mole stated that he and 3 other YLWD CAC members had applied to serve on OCWD's Desalination CAC. Mr. Conklin noted that a total of 61 applications had been received for this 20-member committee and that appointments are scheduled to be made at the end of the month. • Next meeting is scheduled to be held September 23, 2013 at 8:30 a.m. 6. SPECIAL RECOGNITION 6.1. Recognize Ruben Maldonado, Water Quality Technician II, for Completion of the ACWA/JPIA Supervisor Basics Certification Program Mr. Conklin introduced Mr. Maldonado and provided the Board with an overview of his work with the District and the requirements of the certification program. Mr. Conklin then presented Mr. Maldonado with a plaque commemorating his completion of this program. Mr. Maldonado left the meeting at this time. 8. 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. 8.4. as he has a financial interest with one of the listed vendors. Motion carried 5-0. 2 2013-174 8.1. Minutes of the Board of Directors Workshop Meeting held August 19, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Regular Meeting held August 22, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Minutes of the Board of Directors Special Meeting held August 29, 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$1,821,226.84. 8.5. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 16208 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract No. 16208, Job No. 201315. 8.6. Amendment to PSA for Dynamics GP Upgrade Recommendation: That the Board of Directors approve an amendment to the PSA with Cogsdale to upgrade Dynamics GP software and Cogsdale's CSM module from version 10 to their latest 2013 version for a total fee not to exceed$24,750. 8.7. Unaudited Financial Statements for the Period Ending June 30, 2013 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending June 30, 2013. 9. ACTION CALENDAR 9.1. Claim filed by Cozen O'Connor on behalf of Tenet Healthcare Corporation Mr. Conklin stated that the District had received a claim from the Placentia-Linda Hospital for damage that occurred in July 2013. Mrs. Knight explained that ACWA/JPIA is aware of the claim and has recommended that the District reject it and refer it to ACWA/JPIA for further handling. Director Collett stated that the Personnel-Risk 3 2013-175 Management Committee reviewed the claim at its August meeting and agreed with this recommendation. Director Hawkins made a motion, seconded by Director Collett, to reject the claim and refer it to ACWA/JPIA. Motion carried 5-0. 9.2. ACWA Election of Region 10 Board for 2014-2015 Term Mr. Conklin explained that ACWA had requested nominations for its upcoming Board election. The District has the option to cast its vote for a slate of individuals recommended by ACWA's Region 10 Nominating Committee or to vote for individual candidates for the positions of Chair, Vice Chair, and up to 5 Board members. The Executive-Administrative- Organizational Committee discussed this matter at its most recent meeting and did not provide a recommendation. Following brief discussion, the Board determined to cast the District's vote for the following individual candidates: Chair: Larry McKenney, Moulton Niguel Water District Vice Chair: DeAna Verbeke, Helix Water District Board Members: Dave Draper, Rincon del Diablo Municipal Water District Cathy Green, Orange County Water District Richard Vasquez, Vista Irrigation District Director Beverage made a motion, seconded by Director Kiley, to vote for Larry McKenney as candidate for Chair, DeAna Verbeke as candidate for Vice Chair, and Dave Draper, Cathy Green, and Richard Vasquez as candidates for Board Members in the ACWA Region 10 Board election for the 2014-2015 term. Motion carried 5-0. 9.3. ACWA Committee Appointment Nominees for 2014-2015 Term Mr. Conklin explained that ACWA was requesting nominations from its membership for committee appointments for the 2014-2015 term. Mr. Kidman addressed the. Board and explained that he had served on the Legal Affairs Committee for many years and desired to continue to do so. Director Beverage made a motion, seconded by Director Hawkins, to nominate Art Kidman to serve on ACWA's Legal Affairs Committee for the 2014-2015 term. Motion carried 5-0. 9.4. Approval of Sole-Source Professional Services Agreement for Land Surveying Services Mr. Conklin explained that the final exhibits and legal description of the District's service area proposed for annexation to OCWD would need to be reviewed and signed-off by a Professional Land Surveyor. Staff is recommending the engagement of Johnson-Frank & Associates, Inc. for this purpose based on the firm's extensive work experience with the County Surveyor's Office. The total fee for the preparation of these documents would not exceed $12,000. 4 2013-176 Director Beverage made a motion, seconded by Director Hawkins, to authorize approval of a sole-source Professional Services Agreement with Johnson-Frank & Associates, Inc., for professional land surveying and mapping services for a total fee not to exceed $12,000 for preparation of OCWD Annexation Area legal description and exhibit, as necessary for submittal and processing through the County Surveyor and LAFCO. Motion carried 5-0. 10. DISCUSSION ITEMS 10.1. Consider Rescheduling Board of Directors Regular Meetings on Thursday, November 28, 2013 and Thursday, December 26, 2013 Following brief discussion, the Board decided to reschedule these meetings to Wednesday, November 27, 2013 at 8:30 a.m. and Monday, December 23, 2013 at 8:30 a.m. respectively. Consider Rescheduling Finance-Accounting Committee Meeting on Monday, December 23, 2013 The Finance-Accounting Committee members decided to consider rescheduling this meeting at a future time. (This meeting was subsequently rescheduled to Monday, December 16, 2013 at 12:00 p.m.) 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report President Melton did not have any comments at this time. 11.2. Directors' Report None. 11.3. Acting General Manager's Report Mr. Conklin reported on the all-hands meeting held the previous week during which staff was updated on current activities and provided with information regarding the District's Employee Assistance Program. Lunch was provided by the Operations Department followed by staff horseshoe competition finals and a pipe-tapping demonstration. Anthony Varian and Nick Isbell will be representing the District at OCWA's annual horseshoe competition later this month. Mr. Conklin further reported that the final EIR for the OCWD annexation was released on September 5, 2013. This document and other related documents were provided to the OCWD Water Issues Committee and the full OCWD Board for review on September 11, 2013. The EIR is scheduled to be reviewed a second time at the OCWD Board meeting 5 2013-177 scheduled September 18, 2013. OCWD is still on schedule for bringing the final EIR and annexation agreements forward for consideration by their Board on October 2, 2013. Mr. Conklin then reported that construction continues on schedule for the 2012 Pipeline Replacement Project and the Yorba Linda Booster Pump Station Project. A bid opening for the drilling of Well 21 is scheduled September 19, 2013 and proposals for engineering services for the equipping of this well will be received September 17, 2013. Mr. Conklin then asked Mr. DeCriscio to report on recent activities in the Operations department. Mr. DeCriscio stated that the valve job on Sumac Ridge Drive had been completed and concrete will lain be shortly. Crews will soon be working to reline 8 manholes in the eastern service area, 6 of which are in the Hidden Hills area. The District also has a team participating in a pipe-tapping competition during OCWA's annual exhibition on September 18, 2013. A total of 6 staff members from Operations will be in attendance. Mr. Conklin and Mr. DeCrisio noted that a total of 28.2 million gallons of water had been produced on Labor Day, the highest production day of the year so far. 11.4. General Counsel's Report Mr. Beltran commented on the status of the proposed transfer of drinking water activities from the Department of Public Health to the State Water Resources Control Board. He then stated that a Closed Session would be needed. Mr. Conklin noted that a sample of various District promotional items had been provided to each of the Directors from the Public Affairs Division. 11.5. Future Agenda Items and Staff Tasks None. 12. COMMITTEE REPORTS CONTINUED 12.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Minutes of the meeting held August 20, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held September 17, 2013 at 4:00 p.m. 6 2013-178 12.2. Finance-Accounting Committee (Hawkins/Melton) • Minutes of the meeting held August 26, 2013 at 12:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held September 16, 2013 at 12:00 p.m. 12.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held August 13, 2013 at 4:00 p.m. were provided in the agenda packet. • Minutes of the meeting held September 10, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held October 8, 2013 at 4:00 p.m. 12.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held September 3, 2013 at 12:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held October 7, 2013 at 12:00 p.m. 12.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Minutes of the meeting held August 27, 2013 at 4:00 p.m. were provided in the agenda packet. • Minutes of the meeting held September 9, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held October 7, 2013 at 4:00 p.m. 12.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage/Hawkins) • Next meeting to be scheduled. Director Beverage reminded the Board that a workshop meeting to review a draft of the study had been scheduled for October 3, 2013 at 9:00 a.m. 7 2013-179 12.7. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) • Next meeting to be scheduled. 12.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) • Minutes of the meeting held August 21, 2013 at 6:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held October 16, 2013 at 6:00 p.m. 12.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Next meeting is scheduled to be held September 24, 2013 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL Planning Commission —August 28, 2013 (Hawkins) Director Hawkins attended and did not have any District related business to report. 13.2. ISDOC —August 29, 2013 (Collett/Hawkins/Kiley/Melton) Directors Collett, Kiley and Melton attended and commented on a presentation regarding various OCTA projects which was provided during the meeting. 1.3.3.. MWDOC/MWD Workshop — September 4, 2013 (Melton) Director Melton attended and commented on a presentation regarding the Water Bond and the Bay-Delta Conservation Plan which was provided during the meeting. 13.4. OCWD Board — September 4, 2013 (Kiley) Director Kiley attended and did not have any District related business to report. 13.5. WACO — September 6, 2013 (Kiley) Director Kiley attended and commented on two presentations provided during the meeting regarding OCSD's Capital Improvement Program and Elections in. Orange County. The Orange County Registrar of Voters Office is making a considerable effort to clean up the voter rolls. 8 • 2013-180 13.6. YL Planning Commission — September 11, 2013 (Melton) Director Melton attended and briefly commented on the proposed construction of a gas station at the Yorba Linda Costco which was discussed during the meeting. He also mentioned that the next Planning Commission meeting scheduled September 25, 2013 had been cancelled. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from September 13, 2013 — October 31, 2013 The Board reviewed the activity calendar and made no changes. 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 15.1. MWD/MWDOC Inspection Trip of the A.D. Edmonston Pumping Plant — September 20, 2013 President Melton stated that he was planning to attend this event. Director Collett made a motion, seconded by Director Hawkins, to authorize Director attendance at this event if desired. Motion carried 5-0. 16. CLOSED SESSION The meeting was adjourned to Closed Session at 9:24 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 16.1. 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) 16.2. 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) 16.3. 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 9 2013-181 Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 16.4. 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 Mr. Conklin departed from the Closed Session prior to discussion of Item No. 16.5. 16.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 11:25 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 17. ADJOURNMENT 17.1. The meeting was adjourned at 11:25 a.m. The next Regular Board of Directors Meeting will be held Thursday, September 26, 2013 at 8:30 a.m. , ,.. Steven R. Conklin Board Secretary • 10