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HomeMy WebLinkAbout2012-10-11 - Board of Directors Meeting Minutes 2012-179 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 11, 2012, 8.30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 11, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:32 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Steve Conklin, Acting General Manager Gary T. Melton, Vice President Gina Knight„ HR/Risk Manager Michael J. Beverage Lee Cory, Operations Manager Ric Collett Stephen Parker, Finance Manager Robert Kiley Act Vega, Interim IT Manager Annie Alexander, Executive Secretary ALSO PRESENT Steve Clayton, Plant Operator II Brett Barbre, Director, MWDOC Damon Micalizzi, Public Information Officer Art Kidman, Partner, Kidman Law LLP Cody Peterson, Public Affairs Intern Eddy Beltran, Senior Counsel, Kidman Law Daniel Mole, Chair, YLWD Citizens Advisory Committee Craig Stehsel, Business Account Executive, Southern California Edison 4. ADDITIONS/DELETIONS TO THE AGENDA None. President Hawkins announced that the meeting may need to be adjourned to Closed Session before it was listed on the agenda to facilitate a conference call scheduled at 9:15 a.m. (Item Nos. 5. and 6. were taken out of order.) 6. SPECIAL RECOGNITION 6.1. Recognize Steve Clayton, Plant Operator II, for Completion of the ACWA/JPIA Supervisor Basics Certification Program Mr. Cory provided a brief summary of Mr. Clayton's work history and the efforts he made to complete this certification program. Mr. Conklin presented Mr. Clayton with a plaque commemorating his accomplishment. 1 2012-180 Mr. Clayton left the meeting at this time. 5.. PUBLIC COMMENTS None. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Beverage) Minutes of the meeting held September 24, 2012 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. Director Beverage mentioned that the Orange County Fire Authority was scheduled to provide a presentation regarding their services at the next CAC meeting. Directors were invited to attend if they were interested. Mr. Kidman noted that Board members could feel free to attend but that they should avoid participating in the meeting. Mr. Conklin stated that he expected a large number of attendees at the meeting. Next meeting is scheduled October 22, 2012 at 8:30 a.m. Mr. Mole left the meeting at this time. 8. PRESENTATIONS 8.1. Presentation by Craig Stehsel, Business Account Executive for Southern California Edison, Regarding District's Receipt of $36,936 Rebate Check for Participation in Energy Efficiency Program Mr. Stehsel addressed the Board and briefly explained SCE's rebate program. He will be working with staff to apply for an additional rebate associated with the Yorba Linda Blvd Pipeline Project. Mr. Stehsel left the meeting at this time. 9. CONSENT CALENDAR Director Melton requested that the minutes from the Board of Directors Regular meeting held September 27, 2012 be corrected to reflect that he led the pledge of allegiance instead of Director Hawkins. (Director Hawkins was absent at this meeting.) Director Melton made a motion, seconded by Director Collett, to approve the Consent Calendar as corrected. Motion carried 5-0. 9.1. Minutes of the Board of Directors Regular Meeting Held September 27, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 2 2012-181 9.2. Minutes of the Board of Directors Regular Meeting Held October 3, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 9.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,292,133.93. 9.4. Progress Payment No. 3 for Pressure Regulating Station Upgrades, Phase 1 Recommendation: That the Board of Directors approve Progress Payment No. 3 in the amount of$139, 178.34 to Vido Samarzich, Inc. for construction of Pressure Regulating Station Upgrades Project, Phase 1 Job No. J-201108. 9.5. Progress Payment No. 4 for the Yorba Linda Blvd Pipeline Project Recommendation: That the Board of Directors approve Progress Payment No. 4 in the net amount of $126,060.00 to Garcia Juarez Construction, Inc. for construction of the Yorba Linda Blvd Pipeline Project, Job No, 200817, 9.6. Amendment No. 4 to MWH Americas Professional Services Agreement Construction Support Services for the Highland Booster Pump Station Replacement Recommendation: That the Board of Directors approve Amendment No. 4 to the Professional Services Agreement (PSA) with MWH Americas, in the amount of $9,998 for additional construction support services for the Highland Booster Pump Station Replacement and Expansion Project, Job No. 200814. 9.7. Approval of Change Order Nos. 7-10 for Pressure Regulating Stations Upgrade Project, Phase 1 Recommendation: That the Board of Directors approve Change Order Nos. 7-10 for one-half additional work day and $2,820.33 to Vido Samarzich, Inc. for construction of the Pressure Regulating Stations Upgrade Project, Job No, 201108. 3 2012-132 10. ACTION CALENDAR 10.1. Affirmation of Compliance with the Brown Act Mr. Conklin explained that the California Special Districts Association has encouraged local agencies to continue to comply with all aspects of the Brown Act, including those that have been suspended.. Both MWDOC and the City of Yorba Linda have adopted similar resolutions to this effect. Director Hawkins stated that the Executive-Administrative-Organizational Committee had reviewed this matter during its most recent meeting and supported staff's recommendation. Director Collett made a motion, seconded by Director Kiley, to adopt Resolution No. 12-21 Affirming of Compliance with the Ralph M. Brown Act. Motion carried 5-0 on a roll call vote. 10.2. Memorandum of Understanding Fiscal Years 2012-2015 Mrs. Knight explained that staff met and conferred with representatives of the YLWD Employees Association from May through July 2012 to negotiate an MOU for FY's 2012115. The association held an election and agreed to accept the MOU on August 1 , 2012. Mrs. Knight then provided an overview of the major points included in the agreement. Director Beverage made a motion, seconded by Director Melton, to adopt Resolution No. 12-22, the Memorandum of Understanding and Pay Plans with the Yorba Linda Water District Employees Association for the period of July 1, 2012 through June 30, 2015. Motion carried 5-0 on a roll call vote.. 10.3. Authorization to Invest in Local Agency Investment Fund Mr. Parker explained that LAIF had requested an updated resolution reflecting the title change for the position of Finance Director to Finance Manager. Director Kiley made a motion, seconded by Director Melton, to approve Resolution No. 12-23 Authorizing Investment of Monies in the Local Agency Investment Fund and Rescinding Resolution No. 11-14. Motion carried 5-0 on a roll call vote. 10.4.. Authorized Officers for Investments Held at Pershing Mr. Parker explained that approval of the associated resolution would authorize staff to act on behalf of the District relating to its investments held at Pershing as well as allow the District to utilize the company as a custodian of these investments at no charge. Mr. Parker then responded to questions from the Board as to whether or not staff would have the ability to act independently while managing these investments. 4 2012-183 Director Collett made a motion, seconded by Director Kiley, to approve Resolution No. 12-24 Authorizing the Acting General Manager and Finance Manager to Act on Behalf of the District Relating to District Investments Held at Pershing LLC. Motion carried 5-0 on a roll call vote. 10.5. Adopting Water Development and Customer Service Fees Mr. Parker explained that with the recently adopted Elective Meter Resizing Policy, the District's Water Development and Customer Service Fees schedule needed to be revised to include costs associated with the up-sizing or down-sizing of a meter. Additional revisions to the schedule include (a) clarifying language indicating that a customer would not be responsible for the cost of changing the size of their meter if it was already scheduled for replacement; and (b) changing the Late Payment Fee to equal 10% of the past due balance with a maximum of $10. Mr. Parker then responded to questions from the Board regarding current charges for copies of records. Director Kiley made a motion, seconded by Director Collett, to approve Resolution No. 12-25 Adopting Water Development and Customer Service Fees and Rescinding Resolution No. 12-06. Motion carried 5-0 on a roll call vote. 10.6. Audit Reports for Fiscal Year 2011112 Mr. Parker reported that White Nelson Diehl Evans LLP had completed its audit of the District's financials for the previous fiscal year and rendered an unqualified or "clean" opinion. Staff will once again be submitting the District's Comprehensive Annual Financial Report to the Government Finance Officers Association for consideration of the Excellence in Financial Reporting award. Director Collett made a motion, seconded by Director Kiley, to receive and file the FY 2011112 Comprehensive Annual Financial Report, the Report on Internal Control and the Communication to Those In Governance Letter. Motion carried 5-0. 11. REPORTS INFORMATION ITEMS AND COMMENTS 11.1. President's Report President Hawkins thanked Vice President Melton for chairing the previous Board meeting in his absence. President Hawkins also mentioned that he would not be in attendance at the Board meeting scheduled November 8, 2012. 5 2012-184 11.2. Directors' Report ACWA CLE Risk Management Workshop — October 4, 2012 (Melton) Director Melton reported on his attendance at this workshop and commented on the Brown Act, Public Records Act, and pension reform which were topics of discussion during the event. 11.3. Acting General Manager's Report Mr. Conklin noted that payment for the new dump truck was included on this meeting's disbursement of bilks. The new truck has been delivered and is in the process of being outfitted. Staff can arrange for the Board to view the equipment following the next meeting if desired. Mr. Cory mentioned that staff training for the vehicle will be conducted in house. Mr. Conklin continued his report and mentioned that the Orange County Fire Authority will be providing a presentation at the next Citizen's Advisory Committee meeting. The Human Resources and Risk Management Department will be hosting a benefits fair on October 24, 2012 to which the Directors are invited. Flu shots will be provided and those interested will need to RSVP to Human Resources. District staff will be providing water at the upcoming Placentia Heritage Festival Parade and Mr. Cory has offered the use of his classic truck for the Yorba Linda Fiesta Days Parade. Mr. Conklin then concluded his comments by mentioning that the City of Yorba Linda had graciously provided the District with use of a pumper truck to help clean the sediment out of Little Canyon reservoir after it was drained. 11.4. General Counsel's Report Mr. Kidman briefly commented on the content of the ACWA CLE workshop attended by Director Melton and Mr. Beltran. He also mentioned that he may be invited to speak at the ACWA spring conference regarding his experience with the Freeway Complex Fire litigation. 11.5. Future Agenda Items and Staff Tasks None. 6 2012-185 12. COMMITTEE REPORTS CONTINUED 12.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held September 21, 2012 at 12:00 p.m. were provided in the agenda packet. Next meeting is scheduled October 15, 2012 at 4,00 p,m. 12.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held September 26, 2012 at 4;00 p.m. were provided in the agenda packet. Next meeting is scheduled October 22, 2012 at 4:00 p.m. 12.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held October 9, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled October 23, 2012 at 4:00 p.m.. 12.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held October 4, 2012 at 3:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled November 1, 2012 at 3:00 p.m. 12.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held October 1, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled October 24, 2012 at 4:00 p.m. 7 2012-186 12.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Minutes of the meeting held September 25, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled November 27, 2012 at 4-00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL City Council — October 2, 2012 (Hawkins) Director Hawkins attended and commented on two presentations provided during the meeting regarding expansion of the Orange County Sheriff's substation and the North Orange County YMCA. 13.2. MWDOC/MWD Workshop — October 3, 2012 (Melton/Staff) Director Melton was unable to attend this meeting as a Special Board of Directors meeting had been scheduled the same morning. 13.3. OCWD Board — October 3, 2012 (Kiley/Staff) Director Kiley attended but did not have any District related business to report. 13.4. WACO — October 5, 2012 (Hawkins) Directors Hawkins and Kiley attended and commented on a presentation regarding Poseidon Resources' seawater desalination efforts and another presentation regarding management of the Santa Ana River Watershed which were provided at the meeting. 13.6. YL Planning Commission — October 10, 2012 (Kiley) Director Kiley attended and commented on a presentation provided by RBF Consulting regarding the General Plan update and the Parks and Recreation Master Plan update process which was provided at the meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1:. Meetings from October 12, 2012 — November 30, 2012 The Board reviewed the activity calendar and made no changes. 14.2. Scheduling of Board of Directors Workshop Meeting to Discuss Study Goals and Work Tasks Associated with Organizational Efficiency Study and Development of Job Description for the Position of General Manager President Hawkins stated that he would like to schedule a workshop to discuss the above listed topics. Following brief discussion, the workshop meeting was scheduled for Thursday, November 15, 2012 at 8:30 a.m. 8 2012-187 15. CONFERENCES SEMINARS AND SPECIAL EVENTS 15.1. OC Water Use Efficiency Master Plan Stakeholder Workshop — October 15, 2012 Director Kiley expressed an interest in attending this event. Director Beverage made a motion, seconded by Director Melton, to authorize Director attendance at the above listed workshop. Motion carried 5-0. 16. CLOSED SESSION The meeting was adjourned to Closed Session at 9:19 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) Name of Case: MAMCO, Inc. vs. Yorba Linda Water District (OC Superior Court — Case No. 00595177) 16.2. Conference with Legal Counsel —Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One Existing Facts and Circumstances under Section 54956.9(b)(3)(B): Dispute with Orange County Transportation Authority over payment of cost to relocate District water pipelines to make way for construction of Lakeview Avenue overcrossing of ATSF rail tracks and Orangethorpe Avenue. The Board reconvened in Open Session at 1030 am. President Hawkins announced that the Board of Directors had directed legal counsel to defend the MAMCO case. No other action was taken during Closed Session that was required to be reported under the Brown Act. 9 2.012-188 17. ,ADJOURNMENT 17.1. The meeting was adjourned at 10.31 am. The next regular meeting of the Board of Directors will be held Thursday, October 25, 2012 at 8:30 a.m. Annie Alexander Assistant Board Secretary 10