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HomeMy WebLinkAbout2013-07-25 - Board of Directors Meeting Minutes 2013-145 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 25, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The July 25, 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 PRESENT STAFF PRESENT RES T ST F ENT P S 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 Damon Micalizzi, Public Information Officer Freddie Ojeda, Plant Operator II ALSO PRESENT Brett Barbre, Director, Metropolitan Water District/Municipal Water District of Orange Co. Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP 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. If action on this matter were to be delayed, the District would be without a Treasurer which could limit the agency's ability to perform investment and other fiduciary activity. 8.5. Appointment of Corporate Officer Recommendation: That the Board of Directors appoint Delia Lugo, Acting Finance Manager, as the Acting Treasurer for the Yorba Linda Water District. 1 2013-146 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 Director Barbre addressed the Board and briefly commented on a presentation regarding the link between water and energy use which was provided during the MWDOC Water Policy Forum held the previous evening. He further noted that MWDOC and OCWD would be conducting a joint planning meeting on July 31, 2013 to discuss support of the Huntington Beach Ocean Desalination Project as well as the possibility of consolidating both agencies. Director Barbre then responded to questions from staff regarding the exclusion of large scale hydroelectric power as a source of green energy in California. 6. SPECIAL RECOGNITION 6.1. Recognize Freddie Ojeda, Plant Operator II, for Receiving the H.R. La Bounty Safety Award Mr. DeCriscio introduced Mr. Ojeda and provided a summary of his work experience with the District. He explained that Mr. Ojeda had developed a safer and more efficient way to perform maintenance on the District's well motors that required only 1 staff member instead of 2. Mr. Ojeda's idea was then submitted to the ACWA/JPIA Safety Award Program for which he received recognition and a $100 check. The Board congratulated Mr. Ojeda for his accomplishment. Mr. Ojeda left the meeting at this time. 7. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5-0. 7.1. Minutes of the Board of Directors Regular Meeting held July 11, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting held July 12, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,306,162.36. 2 2013-147 7.4. Progress Payment No. 3 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 3 in the net amount of $141,688.42 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 178. 7.5. Amendment No. 3 to Professional Services Agreement with Lee & Ro, Inc. for Engineering Services for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Amendment No. 3 to the Professional Services Agreement with Lee & Ro, Inc., in the amount of $89,000, for additional construction support services for the Yorba Linda Blvd Pump Station Project, Job No. 2008-17B. 8. ACTION CALENDAR 8.1. FY 2013/14 Water Rate Increase Mr. Conklin explained that following a Proposition 218 hearing held June 2012, the Board had approved a 3-year water rate increase. In addition, the Board elected to implement only the first year of the rate increase in case the remaining 2 years of increase would prove to be unnecessary. Following preparation of the FY 2013/14 budget, it has become evident that the previously noticed rate increase would be needed for this fiscal year. Director Hawkins stated that the Finance-Accounting Committee had discussed this matter at its most recent meeting and supported the rate increase. Director Collett made a motion, seconded by Director Hawkins, to approve Resolution No. 13-13 Setting Water Rates Effective July 1, 2013 and Rescinding Resolution No. 12-13. Motion carried 5-0 on a Roll Call vote. 8.2. CSDA Region 6 Election of Officers and Board Members for 2013-2017 Term Mr. Conklin explained that the District was entitled to cast one vote for Seat B in the upcoming CSDA Board of Directors Region 6 election. There are 2 candidates for this seat, Mr. Bill Nelson and Mr. George McManigle. The Executive-Administrative-Organizational Committee discussed this matter at its most recent meeting and was in support of voting for Mr. Bill Nelson for this position. Director Hawkins made a motion, seconded by Director Kiley, to vote for Mr. Bill Nelson in the position of Region 6, Seat B of the CSDA Regional Election and authorize the President to cast that vote. Director Barbre addressed the Board and noted that MWDOC was also in favor of supporting the election of Mr. Bill Nelson to this position. 3 2013-148 Motion carried 5-0. 8.3. ACWA Election of Board President and Vice-President for 2014-2015 Term Mr. Conklin explained that the ACWA was seeking recommendations from its member agencies for nominations for Board President and Vice- President for the 2014/15 term. The District is entitled to nominate candidates from its Board of Directors for each of these open positions. None of the Director's expressed an interest in being nominated as a candidate in this election; therefore no action was taken on this matter. 8.4. ACWA/JPIA Workers' Compensation Program Renewal for FY 2013/14 Mrs. Knight . explained that the premium for the District's workers compensation insurance for FY 2013/14 was now due. The District is eligible for a 5% discount as it also participates in ACWA/JPIA's liability and property insurance programs. The estimated premium is $100,452 and is based on actual payroll. This matter was not presented to the Personnel-Risk Management Committee for consideration as staff had not received the bill prior to their last meeting. Director Collett made a motion, seconded by Director Kiley, to approve the ACWA/JPIA Workers' Compensation Program Renewal and deposit premium estimate for July 1, 2013 - June 30, 2014. Motion carried 5-0. 8.5. Appointment of Corporate Officer Mr. Conklin explained that with the recent departure of the former Finance ManageriTreasurer, the District was in need of appointing a new Treasurer. Staff is recommending that the Board appoint Delia Lugo, Acting Finance Manager, to serve in this capacity. Director Beverage made a motion, seconded by Director Kiley,.to appoint Delia Lugo,. Acting Finance Manager, as the Acting Treasurer for the Yorba Linda Water District. Motion carried 5-0. 9. REPORTS. INFORMATION ITEMS AND COMMENTS 9.1, President's Report President Melton did not nave any comments at this time. 9.2. Directors' Report • MWDOC Water Policy Forum - July 24, 2013 (Collett/Kiley) Directors Collett and Kiley attended and briefly commented on the presentation provided during the event regarding the relationship between water and energy use. Director Collett noted that the water industry was the largest energy user in California: 4 2013-149 9.3. Acting General Manager's Report Mr. Conklin reported that the Employment Settlement Agreement with Mr. Stephen Parker authorized by the Board at a Special Board meeting held July 19, 2013 has been executed by all parties. This agreement is now available as a public record. Mr. Conklin further reported that staff was planning to reschedule the start of the District's annual audit from August 19, 2013 to October 28, 2013. This is to allow District personnel additional time to address staffing issues in the Finance Department. Staff is planning to hire an experienced accountant through a temp agency or otherwise to assist Mrs. Lugo during her tenure as the Acting Finance Manager. In addition, staff is also planning to perform an internal recruitment for the position of Accounting Assistant II, and an open recruitment for the position of Accounting Assistant I. Staff did speak with the auditing firm regarding the planned delay and confirmed that it would not cause the District to incur any kind of penalty. Mr. Conklin continued his report and stated he had also attended the MWDOC Water Policy Forum. He then commented on the status of the District's request for annexation to OCWD, OCWD's support of Poseidon's ocean desalination project in Huntington Beach, District construction projects on Richfield Rd and Yorba Linda Blvd, and repair work on Alder St and the Placentia- Linda Hospital. 9.4. General Counsel's Report Mr. Kidman briefly commented on the threat of adjudication related to the District's request for annexation to OCWD and the Poseidon desalination project. He also noted that a Closed Session would be needed. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS CONTINUED 10.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Minutes of the meeting held July 16, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held August 20, 2013 at 4:00 p.m. 10.2. Finance-Accounting Committee (Hawkins/Melton) • Minutes of the meeting held July 22, 2013 at 10:00 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held August 26, 2013 at 12:00 p.m. 5 2013-150 10.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held July 9, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held August 13, 2013 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held July 8, 2013 at 12:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held August 5, 2013 at 12:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Minutes of the meeting held July 10, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held August 5, 2013 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage/Hawkins) • Meeting held July 17, 2013 at 3:00 p.m. Director Beverage provided an overview of what was discussed during the Committee meeting. He noted that Koff & Associates had conducted interviews with various groups of staff and planned to complete their interviews with the comparator agencies by the middle of August. The Committee would like to tentatively schedule a Board workshop meeting on September 19, 2013 to review the first draft of the Organizational and Efficiency Study. Mr. Conklin noted that Koff & Associates would be back this afternoon to conduct additional interviews with staff. • Next meeting to be scheduled. 10.7. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) • Next meeting to be scheduled. • 6 2013-151 10.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) • Next meeting is scheduled to be held August 21, 2013 at 6:00 p.m. 10.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Minutes of the meeting held July 23, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held September 24, 2013 at 4:00 p.m. 10.10. Citizens Advisory Committee (Beverage) • Minutes of the meeting held July 22, 2013 at 8:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held August 26, 2013 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council — July 16, 2013 (Collett) Director Collett attended and noted that there wasn't any significant District related business to report. 11.2. MWDOC Board — July 17, 2013 (Melton) Director Melton attended and noted that it was a very quick meeting and that he did not have any District related business to report. 11.3. OCWD Board — July 24, 2013 (Kiley) Staff attended this meeting in place of Director Kiley due to a schedule conflict. 11.4. YL Planning Commission — July 24, 2013 (Hawkins) Director Hawkins attended and stated that the Commission was planning to cancel the August 14, 2013 meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from July 26, 2013 —August 31, 2013 The Board reviewed the activity calendar and made no changes. The Board of Directors meeting was recessed to the Public Financing Corporation Special Meeting at 9:20 a.m. Minutes of this meeting have been recorded separately. 7 2013-152 The Public Financing Corporation meeting was adjourned at 9:21 a.m. and the Board of Directors Regular Meeting was reconvened immediately thereafter. 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:25 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin and Kidman. 13.1. 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) 13.2. 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) 13.3. 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 13.4. 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 13.5. Public Employee Performance Evaluation Pursuant to Section 54.957 of the California Government Code Title: Acting General Manager The Board reconvened in Open Session at 10:10 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 8 r 2013-153 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:10 a.m. The next Regular Board of Directors Meeting will be held Thursday, August 8, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary 9