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HomeMy WebLinkAbout2014-06-26 - Board of Directors Meeting Minutes 2014-118 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 26, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The June 26, 2014 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Kiley at 8:31 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 Kiley led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Robert R. Kiley, President Steve Conklin, Acting General Manager Ric Collett, Vice President John DeCriscio, Operations Manager Michael J. Beverage Gina Knight, Human Resources / Risk Manager Phil Hawkins Delia Lugo, Finance Manager Gary T. Melton Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer Cindy Botts, Management Analyst ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tern, City of Yorba Linda Troy Edgar, Board Chair, Orange County Sanitation District Tom Beamish, Vice Chair, Orange County Sanitation District Eddy Beltran, Partner, Kidman Law LLP 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Chairperson Edgar addressed the Board and presented a certificate of appreciation to the District from the Orange County Sanitation District (OCSD) Board of Directors for YLWD's support and cooperation in gaining the passage of SB 946. He stated that OCSD is looking forward to YLWD joining their Board of Directors. Chairperson Edgar also recognized Mayor Pro Tern Hernandez and Councilmember John Anderson from the City of Yorba Linda in regards to their efforts related to this significant accomplishment. 1 2014-119 Mayor Pro Tern Hernandez addressed the Board and stated that it has been a pleasure serving on OCSD's Board of Directors and that he has enjoyed working with YLWD's Board as well. President Kiley stated that it has been a pleasure working with everyone in regards to this achievement. Director Barbre addressed the Board and stated that this was one of a few major goals he'd had wanted to accomplish since he first served on the YLWD Board of Directors 14 years ago. Director Barbre, Chairperson Edgar, and Vice Chairperson Beamish left the meeting at this time. 6. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5-0. 6.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,704,290.61. 6.2. Progress Payment No. 14 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 14 in the net amount of $26,124.38 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 17B. 6.3. Final Progress Payment No. 3 for Well 21 Drilling Contract Recommendation: That the Board of Directors approve Final Progress Payment No. 3 in the net amount of $96,758.45 to Bakersfield Well and Pump, Co. and 5% retention of$5,092.55; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the Drilling of Well No. 21, Job No. 2009-22. 2 2014-120 6.4. Final Progress Payment No. 10 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Final Progress Payment No. 10, in the net amount of $114,180.88, to TBU Inc. and 5% retention of$6,009.52; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for the construction of the 2012 Waterline Phase II Project, Job No. 2011-20. 6.5. 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 16208, Job No. 201406. 6.6. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17653 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with ShapeII Homes for Tract 17653, Job No. 201407. 6.7. Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shapell Homes for Tract 17654, Job No. 201408. 7. ACTION CALENDAR 7.1. MWDOC Turf Removal Program Agreement Mr. Conklin explained that MWDOC's Turf Removal Program would provide a financial incentive of $2 per square foot for the removal of turf grass and replacement with drought-tolerant plants or synthetic turf. District staff in the Meter Division will be conducting both the pre-and post- inspection site visits. Director Kiley stated that the City of Yorba Linda may be interested in doing a joint turf replacement demonstration project with the District, similar to what has been done with the City of Placentia. Director Melton made a motion, seconded by Director Hawkins, to authorize the Acting General Manager to execute the Agreement for Participation in the MWDOC Turf Removal Program. Motion carried 5-0. 3 2014-121 7.2. Professional Services Agreement with Norman A. Traub Associates Mrs. Knight explained that the District had been utilizing the services of Mr. Traub to conduct background and internal investigations since 2007. Staff is requesting that the Board consider authorizing execution of an agreement to continue these services. Director Beverage made a motion, seconded by Director Hawkins, to authorize the General Manager to execute a Professional Services Agreement with Norman A. Traub Associates to provide investigative services and background checks. Motion carried 5-0. 7.3. Liebert Cassidy Whitmore Legal Services Mrs. Knight explained that the District currently utilizes Liebert Cassidy Whitmore (LOW) for employment law related services. LOW has notified the District that its rates would be increasing effective July 1 , 2014. Director Beverage made a motion, seconded by Director Hawkins, to approve the proposed rate increase for legal services provided by Liebert Cassidy Whitmore. Motion carried 5-0. Mrs. Botts left the meeting at this time. 8. REPORTS, INFORMATION ITEMS AND COMMENTS 8.1. President's Report None. 8.2. Directors' Reports None. 8.3. Acting General Manager's Report Mr. Conklin reported that the Board of Directors' had unanimously approved the sale of the Plumosa property. Escrow closed last week and the funds were wired to the District that Friday. Mr. Conklin then provided an update regarding various construction projects in progress including the Yorba Linda Booster Station Project, the 2012 Pipeline Replacement Project, the drilling of Well No. 21, and OCTA's Lakeview Grade Separation Project. Mr. DeCriscio reported that the Operations Department's preventative maintenance goals for the fiscal year had been accomplished. He also reported on the status of repairs for Well No. 1 . 8.4. General Counsel's Report None. 4 2014-122 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee (Kiley / Collett) • Minutes of the meeting held June 9, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 14, 2014 at 4:00 p.m. 9.2. Finance-Accounting Committee (Hawkins / Beverage) • Minutes of the meeting held June 23, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held July 28, 2014 at 4:00 p.m. 9.3. Personnel-Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held June 10, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 8, 2014 at 4:00 p.m. 9.4. Planning-Engineering-Operations Committee (Melton / Beverage) • Minutes of the meeting held June 5, 2014 at 10:00 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 15, 2014 at 4:00 p.m. 9.5. Public Affairs-Communications-Technology Committee (Collett / Kiley) • Minutes of the meeting held June 11 , 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 7, 2014 at 4:00 p.m. 5 2014-123 9.6. Organizational Performance Review Ad Hoc Committee (Beverage / Hawkins) • This meeting was subsequently scheduled for June 17, 2014 at 4:00 p.m. • Next meeting is yet to be scheduled. 9.7. YLWD-City of Placentia Joint Agency Committee (Beverage / Melton) • Minutes of the meeting held May 12, 2014 at 10:00 a.m. will be provided at the next regular Board meeting. • Next meeting is yet to be scheduled. 9.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Minutes of the meeting held June 24, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is yet to be scheduled. 9.9. YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) • Next meeting is scheduled to be held July 22, 2014 at 4:00 p.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council — June 17, 2014 (Collett) Director Collett attended and commented on the FY 2014/15 mid-term budget update, the special municipal election, and the elimination of City Council pension and medical benefits which were discussed during the meeting. 10.2. MWDOC Board — June 18, 2014 (Melton) Director Melton attended and commented on the agency's response to the Orange County Grand Jury's report which was discussed during the meeting. 10.3. OCWD Board — June 18, 2014 (Collett) Director Collett attended and commented on a proposal to video record the Board of Directors meetings, the status of water usage, and the potential reduction of the Basin Production Percentage which were discussed during the meeting. 6 2014-124 YL LMCAC — June 19, 2014 (Beverage) Director Beverage attended and noted that the majority of the meeting focused on preparations for the joint workshop meeting with the City Council scheduled June 23, 2014. 10.4. YL LMCAC - June 23, 2014 (Collett) Director Collett attended and commented on the committee's mission statement, status of city subsidies, and a policy on new land development which were discussed during the meeting. 10.5. OCSD - June 25, 2014 (Kiley) Director Kiley attended and commented on the commendation for outgoing Chairperson Troy Edgar which took place during the meeting. 10.6. YL Planning Commission - June 25, 2014 (Melton) Director Melton attended and commented on three public hearings for conditional use permits which took place during the meeting. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from June 27, 2014 — July 31, 2014 The Board reviewed the activity calendar and made no changes. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:12 a.m. All Directors were present. Also present was Mrs. Knight. The following Closed Sessions were not held. 12.1. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment 12.2. 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 potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 7 2014-125 12.3. Public Employment (Recruitment) Pursuant to Section 54957 of the California Government Code Title: General Manager Mrs. Knight left the Closed Session at 9:30 a.m. The Board reconvened in Open Session at 9:41 a.m. President Kiley reported 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 9:41 a.m. The next Regular Board of Directors Meeting will be held Thursday, July 10, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary SCANNED AUG 13 2014 8