HomeMy WebLinkAbout2013-08-22 - Board of Directors Meeting Minutes 2013-163
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, August 22, 2013, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The August 22, 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, Operations Manager
Michael J. Beverage Gina Knight, HR and Risk Manager
Ric Collett Delia Lugo, Acting Finance Manager
Art Vega, Acting IT Manager
DIRECTORS ABSENT Annie Alexander, Executive Secretary
Phil Hawkins 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
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.
13.5. Public Employee Discipline/Dismissal/Release
Pursuant to Section 54957 of the California Government Code
Director Beverage made a motion, seconded by Director Collett, to add Item No.
13.5. to the agenda. Motion carried 4-0-1 with Director Hawkins being absent.
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5. PUBLIC COMMENTS
Director Barbre addressed the Board and reported that MWDOC had hired Mr.
Rob Hunter to serve as the agency's new General Manager beginning in early
September. He also noted that discussions regarding the proposed
consolidation of MWDOC and OCWD are continuing. A committee has been
formed to consider this matter consisting of Director's from both agencies.
6. CONSENT CALENDAR
Director Collett made a motion, seconded by Director Kiley, to approve the
Consent Calendar. Motion carried 4-0-1 with Director Hawkins being absent.
6.1. Minutes of the Board of Directors Regular Meeting held August 8, 2013
Recommendation: That the Board of Directors approve the minutes as
presented.
6.2. Payments of Bills, Refunds and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of$1,373,008.91.
6.3. Award of Landscape Maintenance Contract
Recommendation: That the Board of Directors authorize the General
Manager to enter into a Landscape Service Contract with Marina
Landscape, Inc. The initial term of the contract will be 10 months with
service starting on September 1, 2013 and ending on June 30, 2014, with
a total contract cost not to exceed of $37,050.00 Additionally, that the
Board of Directors authorize the General Manager to execute the annual
renewal options as provided, if staff remains satisfied with the level of
service being provided by Marina Landscape, Inc.
6.4. Progress Payment No. 4 for the Yorba Linda Blvd Pump Station Project
Recommendation: That the Board of Directors approve Progress
Payment No. 4 in the net amount of $88,421.39 to ECI, Inc. for
construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008-
17B.
6.5. Terms and Conditions for Water and Sewer Service with Yavitz
Companies, Inc.
Recommendation: That the Board of Directors approve the Terms and
Conditions for Water and Sewer with Yavitz Companies, Inc., Job No.
2013-13.
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6.6. Verizon Cell Site Lease Agreement at Quarter Horse Reservoir
Recommendation: That the Board of Directors authorize the Acting
General Manager to execute the Verizon Cell Site Lease Agreement.
7. ACTION CALENDAR
7.1. Renewal of ISDOC OCCOG Membership
Mr. Conklin explained that the Independent Special Districts of Orange
County (ISDOC) was conducting a vote of its membership regarding the
renewal of its membership in the Orange County Council of Governments
(OCCOG). The cost to ISDOC is $5,000. The Executive-Administrative-
Organizational Committee reviewed this matter at its last meeting and
suggested that Director Collett be asked to provide his opinion as he is
currently assigned to attend the ISDOC meetings. Director Collett stated
that he didn't see renewal of this membership being an issue.
Director Collett made a motion, seconded by Director Kiley, to support the
renewal of ISDOC's membership in OCCOG. Motion carried 4-0-1 with
Director Hawkins being absent.
8. REPORTS, INFORMATION ITEMS, AND COMMENTS
8.1. President's Report
President Melton asked about the postponement of the Board workshop
meeting to discuss the draft Organizational & Efficiency Study. Director
Beverage explained that staff had contacted the consultant conducting the
study and was advised that the draft document would not be available until
the end of September. This delay will not affect the evaluation process for
the General Manager's position.
8.2. Directors' Report
Director's Collett and Kiley expressed their concerns regarding the
assessment process for the position of General Manager.
• UWI Annual Conference —August 14-16, 2013 (Kiley)
Director Kiley reported on his attendance at this conference and
commented on several topics presented during the event including
the status of the Colorado River, efforts by the Imperial Irrigation
District to restore the Salton Sea, the draft Bay Delta Conservation
Plan, and hydraulic fracking in California. Director Barbre noted
that a presentation regarding fracking had been provided at a
recent MWDOC/OCWD Board meeting and that he would be happy
to forward a copy of the PowerPoint presentation. He also offered
to have the live presentation provided at a future meeting if the
Board desired. Director Beverage mentioned that the Citizens
Advisory Committee may also be interested in receiving this
presentation as well.
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8.3. Acting General Manager's Report
Mr. Conklin reported that he had been attending multiple meetings related
to the District's request for annexation to OCWD. The OCWD Board has
postponed consideration of this matter until their meeting scheduled
September 18, 2013. The joint agency committee meeting on August 21,
2013 with the City of Yorba Linda was very productive. An all-hands
meeting is scheduled August 28, 2013 which will be followed by lunch
provided by the Operations department, a horseshoe competition and hot-
tap demonstration. The Directors are invited to attend this event.
Construction is on schedule for the Yorba Linda Booster Station and 2012
Pipeline Replacement projects and a pre-bid meeting is scheduled August
28, 2013 for the drilling of Well 21.
8.4. General Counsel's Report
Mr. Kidman noted that a Closed Session would be needed.
8.5. Future Agenda Items and Staff Tasks
None.
9. COMMITTEE REPORTS
9.1. Executive-Administrative-Organizational Committee
(Melton/Kiley)
• Minutes of the meeting held August 20, 2013 at 4:00 p.m. will be
provided.at the next regular Board meeting.
• Next meeting is scheduled to be held September 17, 2013 at 4:00
p.m.
9.2. Finance-Accounting Committee
(Hawkins/Melton)
• Next meeting is scheduled to be held August 26, 2013 at 12:00
p.m.
9.3. Personnel-Risk Management Committee
(Collett/Beverage)
• Minutes of the meeting held August 13, 2013 at 4:00 p.m. will be
provided at the next regular Board meeting. .
• Next meeting is scheduled to be held September 10, 2013 at 4:00
p.m.
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9.4. Planning-Engineering-Operations Committee
(Kiley/Hawkins)
• Minutes of the meeting held August 5, 2013 at 12:00 p.m. were
provided in the agenda packet.
• 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. were
provided in the agenda packet.
• Next meeting is scheduled to be held August 27, 2013 at 4:00 p.m.
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)
• Minutes of the meeting held August 21, 2013 at 6:00 p.m. will be
provided at the next regular Board meeting. Directors Kiley and
Beverage briefly commented on matters discussed during this
meeting and plans for conducting the next meeting.
Councilmember Hernandez stated that the City of Yorba Linda
would like to ask a representative from the YLWD Board to attend
the City's Citizens Advisory Committee meetings for the Landscape
Maintenance Assessment District (LMAD). President Melton
appointed Directors Kiley and Beverage to alternate their
attendance at these meetings.
• Next meeting is scheduled to be held October 16, 2013 at 6:00 p.m.
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9.9. YLWD-MWDOC-OCWD Joint Agency Committee
(Beverage/Melton)
• Next meeting is scheduled to be held September 24, 2013 at 4:00
p.m.
9.10. Citizens Advisory Committee
(Beverage)
• Next meeting is scheduled to be held August 26, 2013 at 8:30 a.m.
10. INTERGOVERNMENTAL MEETINGS
10.1. YL City Council —August 20, 2013 (Collett)
Director Collett attended and commented on a presentation provided by
the Orange County Vector Control. He also noted that the Mayor was
planning to reinstate the State of the City address.
10.2. MWDOC Board —August 21, 2013 (Melton)
Director Melton attended but did not any District related business to report.
10.3. OCWD Board —August 21, 2013 (Staff)
Mr. Conklin reported that staff had attended this meeting which consisted
mostly of consent calendar item's.
11. BOARD OF DIRECTORS ACTIVITY CALENDAR
11.1. Meetings from August 23, 2013 — September 30, 2013
The Board reviewed the activity calendar and made no changes. An
updated calendar will be distributed following the meeting.
12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
12.1. CSDA Special District Leadership Academy Conference — November 17-
20, 2013
President Melton expressed an interest in attending this conference.
Director Beverage made a motion, seconded by Director Collett, to
authorize Director attendance at this event if desired. Motion carried 4-0-1
with Director Hawkins being absent.
13. CLOSED SESSION
The meeting was adjourned to Closed Session at 9:22 a.m. All Directors were
present with the exception of Director Hawkins. Also present were Mrs. Knight
and Messrs. Conklin, Kidman and Beltran.
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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 Discipline/Dismissal/Release
Pursuant to Section 54957 of the California Government Code
The Board reconvened in Open Session at 10:50 a.m. President Melton announced
that no action was taken during Closed Session that was required to be reported under
the Brown Act.
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14. ADJOURNMENT
14.1. The meeting was adjourned at 10:50 a.m. The next Regular Board of
Directors Meeting will be held Thursday, September 12, 2013 at 8:30 a.m.
Steven R. Conklin
Board Secretary
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