HomeMy WebLinkAbout2013-08-08 - Board of Directors Meeting Minutes 2013-154
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, August 8, 2013, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The August 8, 2013 Regular Meeting of the Yorba Linda Water District Board of
Directors was called to order by President Melton at 8:34 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 Gina Knight, HR and Risk Manager
Michael J. Beverage Delia Lugo, Acting Finance Manager
Ric Collett Ken Mendum, Water Maintenance Superintendent
Phil Hawkins Art Vega, Acting IT Manager
Annie Alexander, Executive Secretary
Damon Micalizzi, Public Information Officer
ALSO PRESENT
Brett Barbre, Director, Metropolitan Water District/Municipal Water District of Orange Co.
Gene Hernandez, Councilmember, City of Yorba Linda
Art Kidman, Partner, Kidman Law LLP
Eddy Beltran, Senior Counsel, Kidman Law LLP
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
5. PUBLIC COMMENTS
Director Barbre addressed the Board and commented on the recent ruling by
Superior Court Judge Gregory Munoz that the City of San Capistrano's tiered
water rate system was illegal, as a rate increase implemented in 2010 was not
properly substantiated. Director Barbre then reported that a MWDOC Board
Subcommittee would be meeting later this same day to negotiate an employment
contract for a new General Manager. He further stated that MWDOC had formed
an ad hoc committee to address the proposed consolidation of MWDOC and
OCWD. Director Barbre, Director Jeffery Thomas and Director Wayne Clark
were appointed to serve on this new committee.
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6. COMMITTEE REPORTS
6.1. Citizens Advisory Committee
(Beverage)
• Minutes of the meeting held July 22, 2013 at 8:30 a.m. were
provided in the agenda packet. Director Beverage provided a
report regarding matters discussed during the CAC meeting
including a presentation on OCTA's Railroad Corridor Grade
Separation Project, the adopted budget for FY 2013/14, and the
status of the District's request for annexation to OCWD.
Presentations regarding WEROC and the District's Organizational
& Efficiency Study are scheduled to be provided at future
Committee meetings.
• Next meeting is scheduled to be held August 26, 2013 at 8:30 a.m.
7. CONSENT CALENDAR
Director Collett made a motion, seconded by Director Kiley, to approve the
Consent Calendar. Director Collett abstained from voting on the Credit Card
Summary included in Item No. 7.3. as he has a financial interest with one of the
vendors. Motion carried 5-0.
7.1. Minutes of the Board of Directors Special Meeting held July 19, 2013
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Minutes of the Board of Directors Regular Meeting held July 25, 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$2,117,470.30.
7.4. Progress Payment No. 6 for the 2012 Waterline Replacement Project,
Phase II
Recommendation: That the Board of Directors approve Progress
Payment No. 6 in the net amount of $46,835.00 to TBU, Inc. for
construction of the 2012 Waterline Replacement Project, Phase II, Job No.
2011-20.
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7.5. Investment Report for Period Ending June 30, 2013
Recommendation: That the Board of Directors receive and file the
Investment Report for the Period Ending June 2013.
8. REPORTS, INFORMATION ITEMS, AND COMMENTS
8.1. President's Report
President Melton did not have any comments at this time.
8.2. Directors' Report
Director Collett briefly commented on a moratorium on the issuance of
new water connections in Cambria that could soon be lifted. A petition is
being circulated opposing this action due to the water shortage in the
area.
8.3. Acting General Manager's Report
Mr. Conklin reported that he was continuing to attend meetings related to
the District's application for annexation to OCWD. This matter is
scheduled to come before the OCWD Board on September 4, 2013 for a
final vote. Mr. Conklin further reported that he had scheduled a meeting
with Mr. Mark Pulone, the new City Manager for the City of Yorba Linda on
August 19, 2013. Work is now complete on the water service at the
Placentia-Linda Hospital and final paving in the alley will commence
shortly. The District did receive a claim from the hospital's parent
company which will be discussed at the Personnel-Risk Management
Committee meeting scheduled later in the month. Construction projects
are going well; staff recently replaced a 60 year old 26" steel pipeline with
a new 12" PVC pipeline on Richfield Road. The old line was filled with a
substance that would allow it to be abandoned in place. Final paving on
Richfield Road will take place next week and staff will move on to
rebuilding the pressure regulating station on Cresthill Drive near
Esperanza High School. Concrete is in the process of being poured at the
Yorba Linda booster pump station site. Mr. Conklin then invited the Board
to attend a staff luncheon and horseshoe tournament on August 25, 2013.
The winners of the horseshoe tournament will join the District's hot tap
team who will represent YLWD during competitions being held at the
Orange County Water Association's annual barbeque on September 18,
2013. Mr. Conklin concluded his report and noted that the District's
Customer Service Division had recently received 2 letters of appreciation
for their excellent service. Mr. Conklin and Mr. Kidman then responded to
questions from the Board regarding the District's responsibility for
abandoned pipelines.
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8.4. General Counsel's Report
Mr. Kidman briefly commented on the status of AB 145 (transfer of the
state's drinking water program from the Department of Public Health to the
State Water Resources Control Board) and the recent ruling regarding the
City of San Capistrano's tiered water rate system.
8.5. Future Agenda Items and Staff Tasks
None.
9. COMMITTEE REPORTS CONTINUED
9.1. Executive-Administrative-Organizational Committee
(Melton/Kiley)
• Next meeting is scheduled to be held August 20, 2013 at 4:00 p.m.
9.2. Finance-Accounting Committee
(Hawkins/Melton)
• Minutes of the meeting held July 22, 2013 at 10:00 a.m. were
provided in the agenda packet.
• Next meeting is scheduled to be held August 26, 2013 at 12:00
p.m.
9.3. Personnel-Risk Management Committee
(Collett/Beverage)
• Next meeting Is scheduled to be held August 13, 2013 at 4:00 p.m.
9.4. Planning-Engineering-Operations Committee
(Kiley/Hawkins)
• Minutes of the meeting held August 5, 2013 at 12:00 p.m. will be
provided at the next regular Board meeting.
• Next meeting is scheduled to be held September 3, 2013 at 12:00
p.m.
9.5. Public Affairs-Communications-Technology Committee
(Beverage/Collett)
• Minutes of the meeting held August 6, 2013 at 4:00 p.m. will be
provided at the next regular Board meeting.
• Next meeting is scheduled to be held September 9, 2013 at 4:00
p.m.
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9.6. Organizational and Efficiency Study Ad Hoc Committee
(Beverage/Hawkins)
• Next meeting to be scheduled.
9.7. YLWD-City of Placentia Joint Agency Committee
(Melton/Hawkins)
• Next meeting to be scheduled.
9.8. 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.
9.9. YLWD-MWDOC-OCWD Joint Agency Committee
(Beverage/Melton)
• Minutes of the meeting held July 23, 2013 at 4:00 p.m. were
provided in the agenda packet.
• Next meeting is scheduled to be held September 24, 2013 at 4:00
p.m.
10. INTERGOVERNMENTAL MEETINGS
10.1. WACO —August 2, 2013 (Hawkins/Kiley)
Directors Kiley attended and commented on a presentation regarding
water laws and regulations which was provided by Mr. Anthony Francois,
Attorney for the Pacific Legal Foundation.
10.2. YL City Council —August 6, 2013 (Kiley)
Director Kiley attended and commented on the Lighting and Landscaping
Maintenance District assessments, communication to County Supervisor
Todd Spitzer regarding the Cielo Vista/Esperanza Hills Development,
future use of the site formerly known as the Friends Church Christian High
School Property, and an update of the Trueblood House which were
discussed during the meeting
10.3. MWDOC/MWD Workshop —August 7, 2013 (Melton)
Director Melton attended and commented on a presentation regarding the
status of the Colorado River which was provided by Mr. Bill Hasencamp
during the meeting.
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10.4. OCWD Board —August 7, 2013 (Kiley)
Staff attended this meeting in place of Director Kiley due to a schedule
conflict. Mr. Conklin stated that there was not much to report other than
the discussion regarding the proposed consolidation of MWDOC and
OCWD.
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from August 9, 2013 — September 30, 2013
The Board reviewed the activity calendar and made no changes.
12. CLOSED SESSION
The meeting was adjourned to Closed Session at 9:20 a.m. All Directors were
present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and
Beltran.
12.1. 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)
12.2. 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)
12.3. 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
12.4. 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
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The Board reconvened in Open Session at 10:20 a.m. President Melton announced
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 10:21 a.m. The next Regular Board of
Directors Meeting will be held Thursday, August 22, 2013 at 8:30 a.m.
Steven R. Conklin
Board Secretary
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