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HomeMy WebLinkAbout2013-03-28 - Board of Directors Meeting Minutes 2013-055 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, March 28, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The March 28, 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, Acting Operations Manager Michael J. Beverage Gina Knight, HR and Risk Manager Ric Collett Stephen Parker, Finance Manager Phil Hawkins Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Doug Baker, Mechanic II Cindy Botts, Management Analyst Amelia Cloonan, Human Resources Analyst Bryan Melton, Human Resources Technician Damon Micalizzi, Public Information Officer Ronnie Ruiz, Maintenance Worker I Robyn Shaw, IS Tech II/Programmer ALSO PRESENT Tom Lindsey, Mayor, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP 1 2013-056 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested to remove Item No. 7.4. from the Consent Calendar for separate action. The Board agreed. Mr. Conklin then requested to add the following item to the agenda: 8.5. Request for Certificate for Liability Coverage for Independent Special Districts of Orange County Recommendation: That the Board of Directors authorize the Acting General Manager to execute a Certificate for Liability Coverage to be included with ISDOC's submission of a Chapter Affiliation Agreement to the California Special Districts Association. He explained that there was a need for the Board to take immediate action on this matter which came to staffs attention subsequent to the agenda being posted. An agenda report for this item was distributed at the meeting. Director Beverage made a motion, seconded by Director Collett, to add Item No. 8.5. to the agenda. Motion carried 5-0. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION 6.1. Introduce Ronnie Ruiz, Newly Hired Maintenance Worker I Mr. DeCriscio introduced Mr. Ruiz and provided the Board with an overview of his background and previous work experience. Mr. Ruiz came from the City of Huntington Beach where he worked in the sewer department. He currently holds a CWEA I certificate and is working towards obtaining additional water certifications. The Board welcomed Mr. Ruiz to the District. 6.2. Recognition of Employees for Their Service to the District • Robyn Shaw, IS Tech II/Programmer (5 Years) Mr. Vega provided an overview of Ms. Shaw's work history. Ms. Shaw first joined YLWD in 2008 and came from the private sector. She has created several programs for the District and is currently working on the implementation and administration of CMMS and the Human Resources module in GP. 1 2 2013-057 • Doug Baker, Mechanic II (5 Years) Mr. DeCriscio provided an overview of Mr. Baker's work history. Mr. Shaw also joined YLWD in 2008 as a Mechanic I and has since been promoted to Mechanic II. He has continued to advance his career by taking several mechanical-related training courses. In addition, he has obtained his Water Distribution II and Water Treatment II certifications. The Board commended Ms. Shaw and Mr. Baker for their service. Mr. Conklin presented each of them with a pin commemorating the number of years they had served the District. Ms. Shaw and Messrs. Baker and Ruiz left the meeting at this time. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Kiley, to approve the Consent Calendar(with the exception of Item No. 7.4.). Motion carried 5-0. 7.1. Minutes of the Board of Directors Regular Meeting held March 14, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$633,539.20. 7.3. Terms and Conditions for Sewer Service with the City of Yorba Linda Recommendation: That the Board of Directors approve the Terms and Conditions for Sewer Service with the City of Yorba Linda, Job No. 20130S. 7.5. Claim Filed by Richard Peterson Recommendation: That the Board of Directors reject the claim submitted by Mr. Peterson and refer it to ACWA/JPIA. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.4. Request for Support for OCWD Act Amendment Regarding Recovery of Groundwater Clean-up Costs Mr. Conklin explained that OCWD is working to amend its District Act through the legislative process (SB 658 and AB 1287) to provide the agency with the authority it needs to recover investigative costs incurred in a groundwater clean-up project. OCWD has requested that the local 3 2013-058 groundwater producers send letters of support for these bills to members of the California Legislature. Mr. Kidman addressed the Board and noted that during his review of the matter, he discovered that the bill numbers cited in the draft correspondence may not be correct. He suggested that the Board approve the concept of supporting an amendment to OCWD's District Act and authorize staff to submit the letters to the legislature once the correct bill numbers have been confirmed by legal counsel. Mr. Conklin and Mr. Kidman then responded to questions from the Board regarding litigation involving OCWD related to this issue. Mr. Conklin recommended that the Board authorize the Acting General Manager to submit the letters of support following review and acceptance of the language in the bills by legal counsel. Director Beverage made a motion, seconded by Director Hawkins to authorize the Acting General Manager to submit the letters of support subject to the review and acceptance of the language in the bills by legal counsel. Mr. Kidman and Mr. Beltran responded to questions from the Board regarding the language in one of the bills. Mr. Conklin stated that he had previously requested the language of both bills from OCWD. Motion carried 5-0. 8. ACTION CALENDAR 8.1. Property Insurance Premium for April 2013-2014 Mrs. Knight explained that it was time once again for the District to renew its property insurance policy. Staff is requesting that the Board authorize payment of the annual premium. ACWA/JPIA increased the values of buildings and other structures by 2.9% and the values of fixed equipment by 1.53%. Last year's premium cost approximately $41,000 and this year's premium is approximately $47,000. The Personnel-Risk Management Committee reviewed this matter on March 12, 2013 and supports payment of the premium. Mrs. Knight then responded to questions from the Board regarding the coverage provided. Director Collett made a motion, seconded by Director Hawkins, to authorize payment in the amount of $47,186 to renew the District's property insurance coverage through ACWA/JPIA for the period April 1, 2013 through April 1, 2014. Motion carried 5-0. 4 2013-059 8.2. Declaration of Intent to Sell Surplus Property at 4622 Plumosa Dr Mr. Conklin explained that staff had been instructed to pursue the sale of this property. Legal counsel has advised that the District is required to notify certain public agencies of YLWD's intent to sell the property. A list of the agencies to be notified was distributed at the meeting. These agencies will be given 60 days to respond with their intent to purchase or lease the property prior to it being made available for purchase on the open market. Mr. Conklin responded to questions from the Board regarding an appraisal previously conducted of the property. Director Melton stated that the Executive-Administrative-Organizational Committee had considered this matter and thought that the property would continue to be a liability if it wasn't sold and were to remain vacant. Director Beverage made a motion, seconded by Director Kiley, to adopt a declaration that the District-owned property at 4622 Plumosa Drive is no longer necessary for District use and authorize the Acting General Manager to send out the attached letter. Motion carried 5-0. 8.3. Special District Leadership Foundation — District Transparency Certificate of Excellence Mr. Conklin explained that in February 2012 the Board had unanimously approved a commitment towards achieving the "District of Distinction" accreditation from the Special District Leadership Foundation (SDLF). Unfortunately, the application requirements were recently updated to also require the completion of a District Transparency Certificate of Excellence. A document identifying the requirements that have already been achieved and those that would still need to be accomplished was distributed at the meeting. Staff is requesting that the Board consider confirming its commitment towards achieving this accreditation now that the application requirements have changed. Mr. Conklin reviewed those requirements that would require further effort to accomplish. Director Melton stated that the Executive-Administrative-Organizational Committee reviewed this matter and felt that as most of the requirements were already complete and in alignment with the District's strategic plan, that it would support a continued effort to obtain the accreditation. Director Hawkins made a motion, seconded by Director Collett, to confirm its commitment towards achieving the "District of Distinction" accreditation, which requires the District to complete the tasks for the SDLF District Transparency Certificate of Excellence. Motion carried 4-0-1 with Director Beverage abstaining. 5 2013-060 8.4. Operations and Efficiency Study Statement of Qualifications Review and Scoring Mr. Conklin explained that staff had requested a Statement of Qualifications (SOQ) from 3 firms to prepare an Operations and Efficiency Study for the District. Their responses were provided to the Board for review. Staff is now asking the Board to select one of these firms to perform the work. Staff would then work with the successful firm to negotiate the final scope and fee which in turn would be brought back to the Board for consideration of award of a Professional Services Agreement. Director Hawkins stated that he would prefer that the Board have the opportunity to interview each of the firms prior to making a selection. Directors Kiley and Collett agreed. Director Beverage briefly commented on each of the SOQ's and the selection/negotiation process. Mr. Conklin further explained that staff had originally identified 24 firms that could potentially perform the study. Staff requested a letter of interest and list of references from 11 of the most qualified firms of which only 5 responded. Staff then reviewed the reference information and asked 3 of the 5 firms that were identified as being most qualified to submit an SOQ. Director Collett reiterated that while he felt that 2 of the firms looked to be qualified to perform the study, he would still like the opportunity to interview them. Director Hawkins reaffirmed that he too would like the chance to interview the firms. The Board and staff briefly discussed the pros and cons of not indicating a budgeted amount for the study should the Board decide to reissue a request for SOQ's. The Board then determined to schedule a special meeting to conduct interviews of the responsive firms. Staff will work on arranging a date and time for this meeting. Mses. Botts and Cloonan and Mr. Bryan Melton left the meeting at this time. 8.5. Request for Certificate for Liability Coverage for Independent Special Districts of Orange County (ISDOC) Mr. Conklin explained that staff had received this request the previous afternoon from Mr. David Cordero on behalf of ISDOC. The certificate would affirm that the Board has authorized YLWD Directors and staff to participate in ISDOC activities as part of their regular duties. Completion of the certificate will allow ISDOC to finalize and submit an affiliation agreement with the California Special Districts Association without having to purchase liability insurance. Director Collett made a motion, seconded by Director Kiley, to authorize the Acting General Manager to execute a Certificate for Liability Coverage to be included with ISDOC's submission of a Chapter Affiliation Agreement to the California Special Districts Association. 6 2013-061 9. DISCUSSION ITEMS 9.1. Request to Support Election of Kathleen Tiegs for ACWA Vice-President Mr. Conklin explained that the Cucamonga Valley Water District had requested that the Board consider supporting Ms. Tiegs' candidacy for ACWA Vice President during the 2013 election which will be taking place later this year. The Executive-Administrative-Organizational Committee considered this matter and instructed staff to present the request to the Board as an information item. Mrs. Knight provided a brief overview of her knowledge of Ms. Tiegs' work history and community involvement. Mr. Kidman stated that while he did not know her very well, his impression of Ms. Tiegs was very favorable. Director Melton suggested that consideration of this request would be postponed to a later date as there would undoubtedly be similar requests submitted to the Board as the election grew closer. Director Hawkins suggested that each of the candidates seeking Board support during this election be asked to address the Board at a future meeting. The election is scheduled to be held at the ACWA Fall Conference in Los Angeles. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report President Melton welcomed Mayor Lindsey to the meeting. 10.2. Directors' Report None. 10.3. Acting General Manager's Report Mr. Conklin reported that he had received an e-mail that the County Planner had placed a hold on the processing of the Environmental Impact Reports (EIR) for the Sage and Esperanza Hills development projects until the developers can demonstrate that they have easements and grading rights on adjoining properties. Mr. Conklin responded to questions from the Board regarding District concerns for the provision of water for both of the developments. Mr. Conklin also noted that the recently completed Northeast Area Planning Study included a description of the water facilities needed to support the two developments. Staff is waiting to hear from the developers to further discuss these matters. Director Kiley suggested that the District's requirements also be sent to the Orange County Fire Authority. Mr. Conklin then stated that staff had arranged for harassment prevention training on May 16, 2013. Two sessions would be available for Director attendance if desired. 7 2013-062 Mr. Conklin concluded his report and stated that the EIR for the District's request for annexation to OCWD would be released for a 45 day comment period within the next day or two. Staff will receive notice as soon as it has been released. If the project remains on schedule, it would be considered by the OCWD Board of Directors in August 2013. If approved, it would then be submitted to LAFCO for completion which could take a few additional months. Hopefully, the District will be able to start pumping additional groundwater from the basin before the end of the calendar year. 10.4. General Counsel's Report Mr. Kidman stated that a Closed Session would be needed but that it shouldn't take too long. He also commented on various pieces of legislation related to the water bond, hydraulic fracturing and CEQA reform. Mr. Kidman further reported that a bill was being proposed that would require elected officials to participate in 4 hours of financial management training every 4 years. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Minutes of the meeting held March 19, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 16, 2013 at 4:00 p.m. 11.2. Finance-Accounting Committee (Hawkins/Melton) • Minutes of the meeting held March 25, 2013 at 12:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held April 22, 2013 at 12:00 p.m. 11.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held March 12, 2013 at 4:00 p.m. were provided in the agenda packet. • Minutes of the meeting held March 27, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held April 9, 2013 at 4:00 p.m. 8 2013-063 11.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held March 7, 2013 at 3:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 8, 2013 at 3:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Next meeting is scheduled to be held April 2, 2013 at 4:00 p.m. 11.6. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) • Next meeting is scheduled to be held in May 2013. Specific date and time is yet to be determined. 11.7. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) • First meeting is scheduled to be held April 17, 2013 at 6:00 p.m. at Yorba Linda City Hall. Director Beverage requested that staff verify the room location of this meeting being held at Yorba Linda City Hall. 11.8. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Minutes of the meeting held March 26, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held May 28, 2013 at 4:00 p.m. 11.9. Citizens Advisory Committee (Beverage) • Minutes of the meeting held March 25, 2013 at 8:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled April 22, 2013 at 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL City Council — March 19, 2013 (-Kiley) (Collett) Director Collett was unable to attend this meeting. 9 2013-064 12.2. MWDOC Board — March 20, 2013 (Melton/Staff) Director Melton attended and noted that it was a very short meeting. 12.3. OCWD Board — March 20, 2013 (Kiley/Staff) Director Kiley attended and stated that in addition to the annexation related activity discussed during the meeting, the OCWD Board had presented Mr. Jim Ruth with a resolution commemorating his retirement as General Manager for the Orange County Sanitation District. 12.4. YL Planning Commission — March 27, 2013 (Hawkins) Director Hawkins attended and noted that there were only 2 items on the agenda, neither of which directly impacted the District. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from April 1, 2013 — May 31, 2013 The Board made no changes to the activity calendar. 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1. North Orange County Legislative Alliance Elected Official Reception — April 4, 2013 MWD/MWDOC California State Water Project / Sacramento-San Joaquin Bay Delta Inspection Trip — April 12-13, 2013 Director Beverage made a motion, seconded by Director Hawkins, to authorize Director attendance at the above listed events if desired. Motion carried 5-0. 15. CLOSED SESSION The meeting was adjourned to Closed Session at 9:21 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman, and Beltran. 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. Insurance Company of the State of Pennsylvania, et al (OCSC — Case No. 00486884) The Board reconvened in Open Session at 9:44 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 10 2013-065 16. ADJOURNMENT 16.1. The meeting was adjourned at 9:45 a.m. A Board of Directors Workshop Meeting has been scheduled for Monday, April 1, 2013 at 11:00 a.m. The next Board of Directors Regular Meeting will be held Thursday, April 11, 2013 at 8:30 am. Steve Conklin Board Secretary 11