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HomeMy WebLinkAbout2013-12-23 - Board of Directors Meeting Minutes2013 -245 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Monday, December 23, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The December 23, 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. 0 4 41 PLEDGE OF ALLEGIANCE President Melton led the pledge. ROLL CALL DIRECTORS PRESENT Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins STAFF PRESENT Steve Conklin, Acting General Manager Gina Knight, Human Resources /Risk Manager Delia Lugo, Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Ruben Gonzales, Facilities Maintenance Anthony Manzano, Senior Project Manager Damon Micalizzi, Public Information Officer Derek Nguyen, Water Quality Engineer Hank Samaripa, Project Coordinator ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Barbara Kiley, Former Mayor, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP ADDITIONS /DELETIONS TO THE AGENDA None. SEATING OF DIRECTORS 5.1. Reorganization of the Board of Directors and Appointment of Officers for Calendar Year 2014 Mr. Conklin explained that it was time again for the election of officers and requested nominations for the positions of President and Vice President. 2013 -246 Director Collett nominated Director Kiley to serve as President. Director Hawkins seconded the nomination. Director Hawkins nominated Director Collett to serve as Vice President. Director Kiley seconded the nomination. Mayor Pro Tern Hernandez addressed the Board and stated that he thought the Directors being nominated for President and Vice President were outstanding selections. The Board approved the nominations of Director Kiley as President and Director Collett as Vice President on a 4 -0 -1 vote with Director Beverage voting No. The meeting was then turned over to President Kiley as the presiding officer. The following items were taken out of order. 7. SPECIAL RECOGNITION 7.1. Presentation of Proclamation to Director Gary T. Melton for his Service as President During 2013 President Kiley presented 3 proclamations to Director Melton from the YLWD Board of Directors, CA Senator Bob Huff and Assemblyman Curt Hagman in recognition of his service as President during the 2013 calendar year. 7.2. Presentation of Proclamation to Hank Samaripa, Project Coordinator, for 11 Years of Service to the District President Kiley presented Mr. Samaripa with a proclamation in recognition of his retirement. Mr. Samaripa briefly commented regarding his service with the District. 6. PUBLIC COMMENTS None. 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5 -0. 8.1. Minutes of the Board of Directors Special Meeting held December 5, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 2 2013 -247 8.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $678,513.19. 8.3. Progress Payment No. 8 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 8 in the net amount of $179,001.47 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 - 17B. 8.4. Terms and Conditions for Water and Sewer Service with National Community Renaissance Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with National Community Renaissance, Job No. 201322. 8.5. Construction Contract for Elk Mountain Surge Tank Replacement Recommendation: That the Board of Directors award the Construction Contract for the Elk Mountain Surge Tank Replacement for $80,200 to Pascal & Ludwig Constructors. 9. ACTION CALENDAR 9.1. Board of Directors Committee Assignments Mr. Conklin stated that following the annual reorganization of the Board of Directors, the newly elected President assigns the members of the Board to various standing committees and intergovernmental meetings. President Kiley noted that the proposed assignments were included in the agenda packet. Mr. Conklin then provided an overview of Item No. 9.2. as it was related to the Committee assignments. He explained that the Executive - Administrative- Organizational Committee had been discussing the possibility of Director attendance at Committee meetings of which they are not a member. Also discussed was the question as to whether or not a non - member Director could receive a stipend for attending a Committee meeting. Legal counsel performed some research and provided a memo in response to these queries which was included in the agenda packet. Mr. Conklin further explained that legal counsel advised that non - member Directors could attend any Committee meeting they desired to but would have to refrain from participating in deliberations. 3 2013 -248 Director Barbre addressed the Board and stated that all of MWDOC's Committee meetings were noticed as regular Board meetings in order to facilitate non - member Director attendance and have found it to be very helpful. If these meetings were noticed as Committee meetings it would prohibit non - member Directors in attendance from asking questions until the matter was brought to a regular Board meeting for consideration. Mr. Conklin clarified that if the District were to follow this practice, the Committee meetings could be noticed as regular Board meetings and posted 72 hours in advance. Mr. Conklin further explained that legal counsel had also advised that non- member Directors could only be compensated for attendance at Committee meetings if they obtained pre- authorization or post- ratification for their attendance from the full Board. The discussion then returned back to Item No. 9.1. Director Hawkins made a motion, seconded by Director Collett, to approve the proposed recommendations for committee and intergovernmental meeting assignments for the upcoming calendar year Director Beverage stated that as he had not received a solicitation regarding his preferences for committee assignments ahead of this meeting he would be voting No. Motion carried 3 -0 -2 with Directors Beverage and Melton voting No. 5.1. (Continued) Mr. Conklin explained that appointment of the Secretary, Assistant Secretary, and Treasurer under Item No. 5.1. had not yet taken place. Director Beverage made a motion, seconded by Director Melton, to appoint Steve Conklin as Secretary, Annie Alexander as Assistant Secretary, and Delia Lugo as Treasurer. Motion carried 5 -0. 9.2. Board of Director Non - Member Attendance at Committee Meetings Director Beverage made a motion, seconded by Director Hawkins, to approve staff's recommendation for this matter. Director Hawkins stated that all the water boards he was familiar with noticed their Committee meetings similar to MWDOC's practices and it has proven to be very beneficial. 4 2013 -249 Mr. Kidman noted that staff had not provided the Board with a recommendation regarding this matter. A few options have been identified in the memo provided by legal counsel including the establishment of a policy that would require Committee meetings to be noticed as regular Board meetings if a non - member Director wanted to attend. Another possibility is that non - member Directors could attend Committee meetings but would not be able to participate. In addition, in those circumstances where a non - member Director was attending a Committee meeting, it would be ideal to have legal counsel in attendance in order to facilitate adherence to the Brown Act. If the Committee meetings were noticed as regular Board meetings, it would similarly be ideal to have legal counsel present as this is current practice. In regards to compensation, if the Districts policy is left as is, non - member Directors would be able to receive a stipend for attendance at Committee meetings if their attendance is authorized by the Board. In summary, the Board has the option of noticing all Committee meetings as Board meetings and the question of compensation would already be addressed. Director Hawkins stated that he felt that the District's Committee meetings should be noticed as regular Board meetings to allow non - member Directors in attendance the opportunity to participate. Director Barbre then responded to questions from the Board regarding MWDOC's procedures related to attendance and posting for Committee meetings. Further discussion among the Directors followed. Director Barbre then read the notice included on all MWDOC Committee agendas which explains the agency's procedures related to the attendance and participation of non - member Directors. Director Beverage clarified that his original motion was to allow non- member Director attendance at Committee meetings but without noticing them as regular Board meetings thus not allowing non - member Director participation in the discussion. Director Hawkins stated that he was fine with that but that he thought as long as a non - member Director notified staff 3 days in advance of their planned attendance at a Committee meeting; it could be noticed as a Board meeting thus allowing their participation' in the discussion. Mayor Pro Tern addressed the Board and congratulated President Kiley on his appointment. He then cautioned the Board against allowing non- member Director attendance at Committee meetings as it had the potential of increasing the Directors' income and was contrary to the original purpose of a Committee. 5 2013 -250 Mr. Conklin responded to questions from the Board and clarified that no adjustment to the budget would be needed should the Board approve non- member attendance at Committee meetings. Mr. Kidman also responded to questions from the Board and stated that it was current practice to have legal counsel present at meetings of the Board and the Executive- Administrative - Organizational Committee. Director Beverage then suggested that non - member Director's attending Committee meetings not be eligible to receive compensation. Director Hawkins suggested that non - member Directors be allowed to attend Committee meetings without being able to participate. Non- member Directors would then need to obtain post - ratification of their attendance at the next regular Board meeting if they wished to be compensated. If a non - member Director would like to attend a Committee meeting and participate in the discussion, they would need to notify staff 72 hours in advance so the meeting could be noticed appropriately. Director Collett stated that he felt that if a non - member Director did not notify staff of their intent to attend a Committee meeting in advance, they should not be eligible to receive compensation. Mr. Kidman suggested that legal counsel be allowed to look into the matter further and compose an additional opinion before the Board decides to take formal action. No vote on the original motion was taken. Director Collett made a motion, seconded by Director Hawkins, that this matter be taken back to the Executive- Administrative- Organizational Committee with a request that staff construct a written proposal for Board consideration. Motion carried 5 -0. 9.3. Adoption of FPPC Form 806 for the Purpose of Reporting Public Official Appointments Mr. Conklin explained that in order to comply with recent amendments to FPPC regulations, staff was requesting the Board adopt Form 806 as the District's official form for reporting public official appointments and direct staff to post a completed form on the District's website. Director Melton stated that the Executive- Administrative - Organizational Committee had discussed this matter at its meeting held December 17, 2013 and supported staff's recommendation. Mr. Conklin then responded to questions from the Board in regards to staff's responsibility for completing the form. .,a 2013 -251 Director Melton made a motion, seconded by Director Hawkins, to (1) adopt FPPC Form 806 as the District's official form for reporting public official appointments; and (2) direct staff to post a completed form on the District's website in accordance with the requirements set forth in FPPC Regulation 18705.5. Motion carried 5 -0. 9.4. Board of Directors Compensation Mr. Conklin explained that the Board had an opportunity to consider an increase in the Directors' compensation rate for the next calendar year. Section 20202 allows for an increase in the amount of compensation up to 5% each calendar year following the operative date of the last adjustment. As the last adjustment was in 2003, the Board would be eligible for an increase in their current compensation rate up to $244.34 per day. The Executive - Administrative - Organizational Committee discussed this matter at its meeting held October 15, 2013 and did not have any recommendation. Director Hawkins made a motion, seconded by Director Collett, to keep the Directors' compensation rate the same for the next calendar year. Director Beverage briefly commented on the rationale for increasing the Directors' compensation rate back in 2003. Motion carried 5 -0. 9.5. Revised Budgeted Positions for Fiscal Year 2013/2014 Mr. Conklin explained that this matter was related to the replacement for Hank Samaripa's position upon his retirement and asked Mrs. Knight to provide the Board with additional information regarding this matter. Mrs. Knight then explained that staff had conducted a market survey of the knowledge and skills needed to perform the essential functions of this position. As a result staff is recommending that the job title be changed from "Project Coordinator" to "Associate Engineer" and that the job classification be revised to require graduation from a 4 -year college or university with a degree in civil engineering or related field and 3 years of responsible engineering and project management experience with an organization similar to the District. This position would also be responsible for administering the District's Emergency Preparedness Program and would not require a P.E. (Registered Professional Engineer). The salary for this position would remain the same at Range 27. Staff is requesting that the Board consider the revisions to the job title and classification requirements. Director Collett stated that this matter had been reviewed in depth by the Personnel -Risk Management Committee. Director Collett made a motion, seconded by Director Beverage, to approve Resolution No. 13 -18 Adopting the Revised Budgeted Positions for the Remainder of Fiscal Year 201312014 and Rescinding Resolution No. 13 -15. Motion carried 5 -0 on a Roll Call vote. 7 2013 -252 9.6. Potential Claim Filed by Law Offices of Robert A. Stutman, P.C. on behalf of Mercury Insurance Group, Insurer for Charles Busch Mrs. Knight explained that staff had received this claim on November 27, 2013 from the insurer's legal counsel on behalf of Mr. Busch. The claim alleges that a water loss resulting in property damage occurred on Mr. Busch's property in July 2013 that may involve the corrosion of a copper pipe due to additives placed in the water by the District. Staff contacted ACWA/JPIA regarding this matter and was advised to request that the Board reject the claim and refer it to their agency for handling. Director Collett stated that the Personnel -Risk Management Committee had discussed this matter and agreed with the recommendation. Director Collett made a motion, seconded by Director Beverage, to reject the potential claim submitted by the Law Offices of Robert A. Stutman, P.C. on behalf of Mercury Insurance Group, the insurer for Charles Busche, and refer it to ACWA/JPIA. Motion carried 5 -0. Director Barbre addressed the Board and suggested that the District's legal counsel coordinate with MWDSC and MWDOC's legal counsel as there have been several other similar claims. Mr. Kidman responded that the claim against the District and any potential litigation would be handled by ACWA/JPIA's legal counsel. Director Collett requested that his original motion be revised to include a request that Mr. Kidman's office draft a memo notifying MWDSC and MWDOC's legal counsel of this claim and potential litigation. The revised motion carried 5 -0. 9.7. Completion of 2013 Water Leaders Class and WEF Board Member Participation Mr. Conklin explained that a year ago the Board had approved Mr. Nguyen's participation in WEF's 2013 Water Leaders Class. Mr. Nguyen has successfully completed the program and a copy of his memo summarizing his experience was included in the agenda packet. Also included was a copy of the report prepared by the class titled "Stormwater: A Challenging Resource." In addition, Mr. Nguyen's peers have nominated him to serve on the WEF Board of Directors. Staff is requesting Board approval of Mr. Nguyen's time and related expenses to attend and participate in quarterly WEF Board meetings for a 3 -year term. The Executive- Administrative - Organizational Committee discussed this matter and is in favor of this recommendation. Director Hawkins made a motion, seconded by Director Melton, to approve the participation of Derek Nguyen as a member of the Board of the Water Education Foundation for calendar years 2014 through 2016, and authorize his time and related expenses in accordance with District Policy therefore. Motion carried 5 -0. L-*3 10. 2013 -253 9.8. Annual Membership Dues for Water Education Foundation Mr. Conklin explained that the District had historically been a member of the WEF but due to budget restrictions opted not to renew its membership beginning in 2011. With the consideration of Mr. Nguyen serving as a Board member for this organization, staff would like to recommend reactivating the District's WEF membership. While not specifically identified in the FY 2013/14 budget, funds are available for participation. Mr. Conklin and Mr. Nguyen then responded to questions from the Board regarding this matter. Mr. Nguyen clarified that his participation on the WEF Board would not be contingent on District membership in the organization. Director Beverage made a motion, seconded by Director Collett, to authorize payment of the District's membership in the Water Education Foundation for calendar year 2013 at a cost of $2,500. Motion carried 5 -0. Mr. Conklin then presented Mr. Nguyen with a plaque commemorating his completion of the 2013 Water Leaders Class. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report President Kiley wished everyone a Merry Christmas and Happy New Year. 10.2. Directors' Report ■ CRWUA Annual Conference — December 11 -13, 2013 (Beverage) Director Beverage provided a brief report on his attendance at the CRWUA conference during which a historical perspective on water rights and the status of the Colorado River were discussed. ■ ACWA SWAP Presentation — December 13, 2013 (Collett) Director Collett stated that he did not attend the ACWA SWAP presentation as he had heard a similar presentation at the WACO meeting. Directors Collett, Hawkins, Melton and Beverage wished everyone a Merry Christmas and Happy New Year. 0 2013 -254 10.3. Acting General Manager's Report Mr. Conklin reported on the status of the District's annexation to OCWD, the proposed Cielo Vista and Esperanza Hills development projects, construction on the 2012 pipeline replacement and Yorba Linda booster pump station projects, and various staff activities. Mr. DeCriscio then reported on current water demands. 10.4. General Counsel's Report Mr. Kidman stated that a Closed Session would not be required and commented on the significant engineering contributions provided by Mr. Samaripa. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive - Administrative - Organizational Committee ■ Minutes of the meeting held December 17, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 21, 2014 at 4:00 p.m. 11.2. Finance - Accounting Committee ■ Minutes of the meeting held December 16, 2013 at 12:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 27, 2014 at 12:00 p.m. 11.3. Personnel -Risk Management Committee ■ Minutes of meeting held December 10, 2013 at 2:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 14, 2014 at 4:00 p.m. 11.4. Planning- Engineering - Operations Committee ■ Minutes of the meeting held December 10, 2013 at 8:30 a.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 6, 2014 at 12:30 p.m. 10 2013 -255 11.5. Public Affairs - Communications - Technology Committee ■ Minutes of the meeting held December 2, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 6, 2014 at 4:00 p.m. 11.6. Organizational and Efficiency Study Ad Hoc Committee ■ Next meeting to be scheduled. Director Beverage requested that he and Director Hawkins be allowed to conduct an additional Committee meeting in order to provide comments back to Koff & Associates regarding the final draft of the Organizational Performance Review. 11.7. YLWD -City of Placentia Joint Agency Committee ■ Next meeting to be scheduled. 11.8. YLWD -City of Yorba Linda Joint Agency Committee ■ Meeting to be scheduled. 11.9. YLWD - MWDOC -OCWD Joint Agency Committee ■ Next meeting is scheduled to be held January 28, 2014 at 4:00 p.m. 11.10. Citizens Advisory Committee ■ Minutes of the meeting held December 16, 2013 at 8:30 a.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held January 27, 2014 at 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. Yorba Linda LMAD CAC — December 12, 2013 (Kiley) Director Kiley attended and commented on the development of an outreach mailer and the review of responses to an RFP that were discussed during the meeting. 12.2. WACO — December 13, 2013 (Hawkins /Kiley) Director Hawkins attended and commented on the snowpack in the Sierra Mountains and an update on the Bay -Delta Conservation Plan which were highlighted during the meeting. 11 2013 -256 12.3. YL City Council — December 17, 2013 (Kiley) Director Kiley was unable to attend this meeting. Mayor Pro Tern Hernandez provided an overview of the business conducted during the meeting including the relocation of the Yorba Linda Vineyard Church and the service of recall notices for Mayor Young and Councilmember Lindsey. Mayor Pro Tern Hernandez further noted that he would continue to serve as the City's liaison to the District and that he and Councilmember Lindsey would serve on the YLWD /City of Yorba Linda Joint Agency Committee. 12.4. MWDOC Board — December 18, 2013 (Melton) Director Melton attended but did not have any District related business to report. 12.5. OCWD Board — December 18, 2013 (Kiley) Director Kiley attended and noted that appointed as President, Cathy Green as Yoh as 2 "d Vice President. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR Shawn Dewane had been 1St Vice President, and Roger 13.1. Meetings from December 24, 2013 — January 31, 2014 The Board reviewed the activity calendar and made no changes. 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1. ACWA SWAP Presentation — December 13, 2013 Ratification of Director Collett's attendance at this presentation was not needed as he was unable to attend. 14.2. CASA Winter Conference — January 15 -17, 2014 Director Kiley stated that he was planning to attend this conference. Director Hawkins made a motion, seconded by Director Collett, to authorize Director attendance at this event if desired. Motion carried 5 -0. (There was no Closed Session held during this meeting.) 15. CLOSED SESSION 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. State of Pennsylvania, Case No. 00486884) 12 Insurance Company of the et al (OC Superior Court — 2013 -257 15.2. 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) 15.3. 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 15.4. 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 15.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager 16. ADJOURNMENT 16.1. The meeting was adjourned at 9:52 a.m. The next Regular Board of Directors Meeting will be held Thursday, January 9, 2014 at 8:30 a.m. 491