HomeMy WebLinkAbout2013-09-12 - Board of Directors Meeting Minutes 2013-172
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, September 12, 2013, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The September 12, 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
Phil Hawkins Art Vega, Acting IT Manager
Annie Alexander, Executive Secretary
Ruben Maldonado, Water Quality Technician II
Damon Micalizzi, Public Information Officer
ALSO PRESENT
Gene Hernandez, Councilmember, City of Yorba Linda
Art Kidman, Partner, Kidman Law LLP
Eddy Beltran, Senior Counsel, Kidman Law LLP
Daniel Mole, Chair, YLWD Citizens Advisory Committee
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.
9.4. Approval of Sole-Source Professional Services Agreement for Land
Surveying Services
Recommendation: That the Board of Directors authorize approval
of a sole-source Professional Services Agreement with Johnson-
Frank & Associates, Inc., for professional land surveying and
mapping services for a total fee not to exceed $12,000 for
preparation of OCWD Annexation Area legal description and
1
2013-173
exhibit, as necessary for submittal and processing through the
County Surveyor and LAFCO.
Director Beverage made a motion, seconded by Director Kiley, to add Item No.
9.4. to the agenda. Motion carried 5-0.
5. PUBLIC COMMENTS
None.
The following items were taken out of order.
7. COMMITTEE REPORTS
7.1. Citizens Advisory Committee
(Beverage)
• Minutes of the meeting held August 26, 2013 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
including a presentation regarding the Water Emergency Response
Organization of Orange County (WEROC), the District's request for
annexation to OCWD, and the recently formed OCWD Desalination
Citizens Advisory Committee (CAC). Mr. Mole stated that he and 3
other YLWD CAC members had applied to serve on OCWD's
Desalination CAC. Mr. Conklin noted that a total of 61 applications
had been received for this 20-member committee and that
appointments are scheduled to be made at the end of the month.
• Next meeting is scheduled to be held September 23, 2013 at 8:30
a.m.
6. SPECIAL RECOGNITION
6.1. Recognize Ruben Maldonado, Water Quality Technician II, for Completion
of the ACWA/JPIA Supervisor Basics Certification Program
Mr. Conklin introduced Mr. Maldonado and provided the Board with an
overview of his work with the District and the requirements of the
certification program. Mr. Conklin then presented Mr. Maldonado with a
plaque commemorating his completion of this program.
Mr. Maldonado left the meeting at this time.
8. 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. 8.4. as he has a financial interest with one of the
listed vendors. Motion carried 5-0.
2
2013-174
8.1. Minutes of the Board of Directors Workshop Meeting held August 19, 2013
Recommendation: That the Board of Directors approve the minutes as
presented.
8.2. Minutes of the Board of Directors Regular Meeting held August 22, 2013
Recommendation: That the Board of Directors approve the minutes as
presented.
8.3. Minutes of the Board of Directors Special Meeting held August 29, 2013
Recommendation: That the Board of Directors approve the minutes as
presented.
8.4. Payments of Bills, Refunds and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of$1,821,226.84.
8.5. Terms and Conditions for Water and Sewer Service with Shapell Homes
for Tract 16208
Recommendation: That the Board of Directors approve the Terms and
Conditions for Water and Sewer Service with Shapell Homes for Tract No.
16208, Job No. 201315.
8.6. Amendment to PSA for Dynamics GP Upgrade
Recommendation: That the Board of Directors approve an amendment to
the PSA with Cogsdale to upgrade Dynamics GP software and Cogsdale's
CSM module from version 10 to their latest 2013 version for a total fee not
to exceed$24,750.
8.7. Unaudited Financial Statements for the Period Ending June 30, 2013
Recommendation: That the Board of Directors receive and file the
Unaudited Financial Statements for the Period Ending June 30, 2013.
9. ACTION CALENDAR
9.1. Claim filed by Cozen O'Connor on behalf of Tenet Healthcare Corporation
Mr. Conklin stated that the District had received a claim from the
Placentia-Linda Hospital for damage that occurred in July 2013. Mrs.
Knight explained that ACWA/JPIA is aware of the claim and has
recommended that the District reject it and refer it to ACWA/JPIA for
further handling. Director Collett stated that the Personnel-Risk
3
2013-175
Management Committee reviewed the claim at its August meeting and
agreed with this recommendation.
Director Hawkins made a motion, seconded by Director Collett, to reject
the claim and refer it to ACWA/JPIA. Motion carried 5-0.
9.2. ACWA Election of Region 10 Board for 2014-2015 Term
Mr. Conklin explained that ACWA had requested nominations for its
upcoming Board election. The District has the option to cast its vote for a
slate of individuals recommended by ACWA's Region 10 Nominating
Committee or to vote for individual candidates for the positions of Chair,
Vice Chair, and up to 5 Board members. The Executive-Administrative-
Organizational Committee discussed this matter at its most recent meeting
and did not provide a recommendation. Following brief discussion, the
Board determined to cast the District's vote for the following individual
candidates:
Chair: Larry McKenney, Moulton Niguel Water District
Vice Chair: DeAna Verbeke, Helix Water District
Board Members: Dave Draper, Rincon del Diablo Municipal Water District
Cathy Green, Orange County Water District
Richard Vasquez, Vista Irrigation District
Director Beverage made a motion, seconded by Director Kiley, to vote for
Larry McKenney as candidate for Chair, DeAna Verbeke as candidate for
Vice Chair, and Dave Draper, Cathy Green, and Richard Vasquez as
candidates for Board Members in the ACWA Region 10 Board election for
the 2014-2015 term. Motion carried 5-0.
9.3. ACWA Committee Appointment Nominees for 2014-2015 Term
Mr. Conklin explained that ACWA was requesting nominations from its
membership for committee appointments for the 2014-2015 term. Mr.
Kidman addressed the. Board and explained that he had served on the
Legal Affairs Committee for many years and desired to continue to do so.
Director Beverage made a motion, seconded by Director Hawkins, to
nominate Art Kidman to serve on ACWA's Legal Affairs Committee for the
2014-2015 term. Motion carried 5-0.
9.4. Approval of Sole-Source Professional Services Agreement for Land
Surveying Services
Mr. Conklin explained that the final exhibits and legal description of the
District's service area proposed for annexation to OCWD would need to
be reviewed and signed-off by a Professional Land Surveyor. Staff is
recommending the engagement of Johnson-Frank & Associates, Inc. for
this purpose based on the firm's extensive work experience with the
County Surveyor's Office. The total fee for the preparation of these
documents would not exceed $12,000.
4
2013-176
Director Beverage made a motion, seconded by Director Hawkins, to
authorize approval of a sole-source Professional Services Agreement with
Johnson-Frank & Associates, Inc., for professional land surveying and
mapping services for a total fee not to exceed $12,000 for preparation of
OCWD Annexation Area legal description and exhibit, as necessary for
submittal and processing through the County Surveyor and LAFCO.
Motion carried 5-0.
10. DISCUSSION ITEMS
10.1. Consider Rescheduling Board of Directors Regular Meetings on Thursday,
November 28, 2013 and Thursday, December 26, 2013
Following brief discussion, the Board decided to reschedule these
meetings to Wednesday, November 27, 2013 at 8:30 a.m. and
Monday, December 23, 2013 at 8:30 a.m. respectively.
Consider Rescheduling Finance-Accounting Committee Meeting on
Monday, December 23, 2013
The Finance-Accounting Committee members decided to consider
rescheduling this meeting at a future time. (This meeting was
subsequently rescheduled to Monday, December 16, 2013 at 12:00
p.m.)
11. REPORTS, INFORMATION ITEMS, AND COMMENTS
11.1. President's Report
President Melton did not have any comments at this time.
11.2. Directors' Report
None.
11.3. Acting General Manager's Report
Mr. Conklin reported on the all-hands meeting held the previous week
during which staff was updated on current activities and provided with
information regarding the District's Employee Assistance Program. Lunch
was provided by the Operations Department followed by staff horseshoe
competition finals and a pipe-tapping demonstration. Anthony Varian and
Nick Isbell will be representing the District at OCWA's annual horseshoe
competition later this month.
Mr. Conklin further reported that the final EIR for the OCWD annexation
was released on September 5, 2013. This document and other related
documents were provided to the OCWD Water Issues Committee and the
full OCWD Board for review on September 11, 2013. The EIR is
scheduled to be reviewed a second time at the OCWD Board meeting
5
2013-177
scheduled September 18, 2013. OCWD is still on schedule for bringing
the final EIR and annexation agreements forward for consideration by their
Board on October 2, 2013.
Mr. Conklin then reported that construction continues on schedule for the
2012 Pipeline Replacement Project and the Yorba Linda Booster Pump
Station Project. A bid opening for the drilling of Well 21 is scheduled
September 19, 2013 and proposals for engineering services for the
equipping of this well will be received September 17, 2013. Mr. Conklin
then asked Mr. DeCriscio to report on recent activities in the Operations
department.
Mr. DeCriscio stated that the valve job on Sumac Ridge Drive had been
completed and concrete will lain be shortly. Crews will soon be working to
reline 8 manholes in the eastern service area, 6 of which are in the Hidden
Hills area. The District also has a team participating in a pipe-tapping
competition during OCWA's annual exhibition on September 18, 2013. A
total of 6 staff members from Operations will be in attendance.
Mr. Conklin and Mr. DeCrisio noted that a total of 28.2 million gallons of
water had been produced on Labor Day, the highest production day of the
year so far.
11.4. General Counsel's Report
Mr. Beltran commented on the status of the proposed transfer of drinking
water activities from the Department of Public Health to the State Water
Resources Control Board. He then stated that a Closed Session would be
needed.
Mr. Conklin noted that a sample of various District promotional items had
been provided to each of the Directors from the Public Affairs Division.
11.5. Future Agenda Items and Staff Tasks
None.
12. COMMITTEE REPORTS CONTINUED
12.1. Executive-Administrative-Organizational Committee
(Melton/Kiley)
• Minutes of the meeting held August 20, 2013 at 4:00 p.m. were
provided in the agenda packet.
• Next meeting is scheduled to be held September 17, 2013 at 4:00
p.m.
6
2013-178
12.2. Finance-Accounting Committee
(Hawkins/Melton)
• Minutes of the meeting held August 26, 2013 at 12:00 p.m. were
provided in the agenda packet.
• Next meeting is scheduled to be held September 16, 2013 at 12:00
p.m.
12.3. Personnel-Risk Management Committee
(Collett/Beverage)
• Minutes of the meeting held August 13, 2013 at 4:00 p.m. were
provided in the agenda packet.
• Minutes of the meeting held September 10, 2013 at 4:00 p.m. will
be provided at the next regular Board meeting.
• Next meeting is scheduled to be held October 8, 2013 at 4:00 p.m.
12.4. Planning-Engineering-Operations Committee
(Kiley/Hawkins)
• Minutes of the meeting held September 3, 2013 at 12:00 p.m. were
provided in the agenda packet.
• Next meeting is scheduled to be held October 7, 2013 at 12:00 p.m.
12.5. Public Affairs-Communications-Technology Committee
(Beverage/Collett)
• Minutes of the meeting held August 27, 2013 at 4:00 p.m. were
provided in the agenda packet.
• Minutes of the meeting held September 9, 2013 at 4:00 p.m. will be
provided at the next regular Board meeting.
• Next meeting is scheduled to be held October 7, 2013 at 4:00 p.m.
12.6. Organizational and Efficiency Study Ad Hoc Committee
(Beverage/Hawkins)
• Next meeting to be scheduled. Director Beverage reminded the
Board that a workshop meeting to review a draft of the study had
been scheduled for October 3, 2013 at 9:00 a.m.
7
2013-179
12.7. YLWD-City of Placentia Joint Agency Committee
(Melton/Hawkins)
• Next meeting to be scheduled.
12.8. YLWD-City of Yorba Linda Joint Agency Committee
(Kiley/Beverage)
• Minutes of the meeting held August 21, 2013 at 6:00 p.m. were
provided in the agenda packet.
• Next meeting is scheduled to be held October 16, 2013 at 6:00 p.m.
12.9. YLWD-MWDOC-OCWD Joint Agency Committee
(Beverage/Melton)
• Next meeting is scheduled to be held September 24, 2013 at 4:00
p.m.
13. INTERGOVERNMENTAL MEETINGS
13.1. YL Planning Commission —August 28, 2013 (Hawkins)
Director Hawkins attended and did not have any District related business
to report.
13.2. ISDOC —August 29, 2013 (Collett/Hawkins/Kiley/Melton)
Directors Collett, Kiley and Melton attended and commented on a
presentation regarding various OCTA projects which was provided during
the meeting.
1.3.3.. MWDOC/MWD Workshop — September 4, 2013 (Melton)
Director Melton attended and commented on a presentation regarding the
Water Bond and the Bay-Delta Conservation Plan which was provided
during the meeting.
13.4. OCWD Board — September 4, 2013 (Kiley)
Director Kiley attended and did not have any District related business to
report.
13.5. WACO — September 6, 2013 (Kiley)
Director Kiley attended and commented on two presentations provided
during the meeting regarding OCSD's Capital Improvement Program and
Elections in. Orange County. The Orange County Registrar of Voters
Office is making a considerable effort to clean up the voter rolls.
8
•
2013-180
13.6. YL Planning Commission — September 11, 2013 (Melton)
Director Melton attended and briefly commented on the proposed
construction of a gas station at the Yorba Linda Costco which was
discussed during the meeting. He also mentioned that the next Planning
Commission meeting scheduled September 25, 2013 had been cancelled.
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1. Meetings from September 13, 2013 — October 31, 2013
The Board reviewed the activity calendar and made no changes.
15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
15.1. MWD/MWDOC Inspection Trip of the A.D. Edmonston Pumping Plant —
September 20, 2013
President Melton stated that he was planning to attend this event.
Director Collett made a motion, seconded by Director Hawkins, to
authorize Director attendance at this event if desired. Motion carried 5-0.
16. CLOSED SESSION
The meeting was adjourned to Closed Session at 9:24 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)
16.2. 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)
16.3. 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
9
2013-181
Related to line break at 1301 North Rose Drive, Placentia CA 92870.
Number of Potential Cases: One
16.4. 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
Mr. Conklin departed from the Closed Session prior to discussion of Item No.
16.5.
16.5. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
The Board reconvened in Open Session at 11:25 a.m. President Melton
announced that no action was taken during Closed Session that was required to
be reported under the Brown Act.
17. ADJOURNMENT
17.1. The meeting was adjourned at 11:25 a.m. The next Regular Board of
Directors Meeting will be held Thursday, September 26, 2013 at 8:30 a.m.
, ,..
Steven R. Conklin
Board Secretary
•
10