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HomeMy WebLinkAbout2013-09-26 - Board of Directors Meeting Minutes 2013-183 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 26, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 26, 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 Delia Lugo, Acting Finance Manager Ric Collett Art Vega, Acting IT Manager Phil Hawkins Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Tom Lindsey, Mayor, 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 None. 6. CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5-0. 6.1. Minutes of the Board of Directors Regular Meeting held September 12, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 1 2013-184 6.2. Minutes of the Board of Directors Special Meeting held September 19, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,979,089.67. 6.4. Progress Payment No. 5 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 5 in the net amount of $194,992.11 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 178. 6.5. Progress Payment No. 7 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Progress Payment No. 7 in the net amount of $93,179.51 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase II, Job No. 2011-20. 7. ACTION CALENDAR 7.1. Letter of Support for Permit for Poseidon Desal Project Mr. Conklin explained that the Seawater Desalination Working Group at MWDOC was requesting its members to sign a letter encouraging the California Coastal Commission to vote to approve the Coastal Development Permit for the Huntington Beach Seawater Desalination Facility. A few of the Working Group members are not going to be able to sign the letter for various reasons so a revised letter excluding their names has been redistributed. Mr. Conklin then responded to questions from the Board regarding the reasons why some of the Working Group members were not going to be able to sign the letter. Director Beverage made a motion, seconded by Director Collett, to authorize the Acting General Manager to sign the letter from the Working Group to the Coastal Commission as the representative of YLWD. Motion carried 5-0. 2 2013-185 7.2. AWCA/JPIA Auto and General Liability Program for Policy Year 10/1/2013 — 10/1/2014 Mr. Conklin explained that staff was presenting this insurance policy to the Board for consideration in accordance with the District's Risk Management Policy. This year's premium is $228,600, representing a 9.4% increase from last year's premium which was $215,272. The Personnel-Risk Management Committee discussed this matter at its last meeting and recommended payment of the premium. Director Collett noted that even though the premium had increased from last year's, the total amount was still less than what was budgeted for this fiscal year. Director Kiley made a motion, seconded by Director Collett, to approve the ACWA/JPIA Auto and General Liability Insurance deposit premium for the policy year October 1, 2013 through September 30, 2014 in the amount of $228,600 and continue with the Retrospective Allocation Point of$25,000. Motion carried 5-0. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report None. 8.2. Directors' Report • MWD/MWDOC Inspection Trip Edmonston Pumpling Plant — September 20, 2013 (Melton) President Melton briefly reported on his attendance at this event and stated that it was a very exciting tour. 8.3. Acting General Manager's Report Mr. Conklin reported on the results of the District's participation in OCWA's annual horseshoe competition and pipe-tapping contest. He also stated that he had recently met with Rob Hunter, the new General Manager for MWDOC. Mr. Hunter is planning to come and meet all of the Board members shortly. Mr. Conklin then reported on the status of the District's request for annexation to OCWD. The agreement is scheduled to be considered by OCWD's Board of Directors on October 2, 2013 and YLWD's Board of Directors on October 10, 2013. Mr. Conklin briefed the Board on the status of various construction projects and asked Mr. DeCriscio to provide an overview of the activities of the Operations Department related to sewer maintenance. Mr. DeCriscio stated that there had been a significant decrease in sewer overflows since 2007 with zero occurring in 2010, 2012 or 2013 to date. Mr. Conklin invited the Board to attend the District's Health Benefits Fair on October 15, 2013. Mr. DeCriscio stated that the Operations Department was mostly involved in routine maintenance at this time. He further noted that he had received a call from MET advising the District that they were considering an 11-day shutdown in January 2014. 3 2013-186 Mr. Conklin and Mr. DeCriscio then responded to questions from the Board regarding the status of construction on Richfield Road and the relocation of District signage to the another construction project. 8.4. General Counsel's Report Mr. Kidman stated that a Closed Session would be necessary and provided the Board with an overview of recent developments related to AB 145. 8.5. Future Agenda Items and Staff Tasks Director Beverage suggested that staff begin making preparations for the potential drilling of another well in 2016 should the District's request for annexation to OCWD be approved. Director Melton asked about the status of the project on Gun Club Road. Mr. Conklin responded that construction was still in progress and staff was anticipating completion by early next year. Director Beverage commented on the recent development of an informational brochure that will be used by members of YLWD's Citizens Advisory Committee for public distribution. Mr. Micalizzi provided a copy of the brochure to the Board. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Next meeting is scheduled to be held September 17, 2013 at 4:00 p.m. 9.2. Finance-Accounting Committee (Hawkins/Melton) • Minutes of the meeting. held September 16, 2013 at 12:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held October 28, 2013 at 12:00 p.m. 9.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held September 10, 2013 at 4:00 p.m. were provided in the agenda packet. III Next meeting is scheduled to be held October 8, 2013 at 4:00 p.m. 4 2013-187 9.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Next meeting is scheduled to be held October 7, 2013 at 12:00 p.m. 9.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Minutes of the meeting held September 9, 2013 at 4:00 p.m. were provided in the agenda packet. • Minutes of the meeting held September 25, 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. 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 is scheduled to be held October 14, 2013 at 9:30 a.m. 9.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) • Next meeting is scheduled to be held October 16, 2013 at 6:30 p.m. 9.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Minutes of the meeting held September 24, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held November 26, 2013 at 4:00 p.m. 9.10. Citizens Advisory Committee (Beverage) • Minutes of the meeting held September 23, 2013 at 8:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held October 28, 2013 at 8:30 a.m. 5 2013-188 10. INTERGOVERNMENTAL MEETINGS 10.1. City of YL LMAD CAC — September 12, 2013 (Beverage) Director Beverage attended and stated that the members were currently working on developing a mission statement for the Committee. 10.2. YL City Council — September 17, 2013 (Collett) Director Collett attended and commented on a few presentations provided during the meeting regarding the proposed construction of a toll road on the 91 freeway and the status of the Town Center. 10.3. MWDOC Board — September 18, 2013 (Melton) Director Melton attended and commented on the letter of support for the Huntington Beach Seawater Desalination Facility Permit and the continuation of the turf removal rebate program which were both approved during the meeting. 10.4. OCWD Board - September 18, 2013 (Kiley) Director Kiley attended and noted that the status of the District's request for annexation to OCWD was discussed during the meeting. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from September 27, 2013 -- October 31, 2013 The Board reviewed the activity calendar and made no changes. 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS, Director Collett stated that he had recently received an invitation from MET to attend their 50t" anniversary celebration and dedication of the new ozone facilities at the Diemer Water Treatment Plant in Yorba Linda on October, 25, 2013. He will forward the invitation on the Directors following the Board meeting. 12.1. Yorba Linda Mayor's Prayer Breakfast — October 17, 2013 MWDOC Water Policy Forum & Dinner— October 23, 2013 OCWD Groundwater Adventure Tour— October 24, 2013 ACWA/3PIA Fall Conference — December 2-3, 2013 ACWA Fall Conference - December 3-6, 2013 CRWUA Annual Conference December 11-13, 2013 Director Beverage made a motion, seconded by Director Hawkins, to authorize' Director attendance at these events if desired. Motion carried 5-0. • 6 • • 2013-189 Mayor Lindsey addressed the Board and thanked Directors Beverage and Kiley for their attendance at the City Yorba Linda's LMAD Citizens Advisory Committee meetings. He provided an overview of the City Council's role in supporting the Committee and asked that the Board feel free to provide the Councilmembers with feedback. 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, Kidman and Beltran. 13.1. Conference with Legal Counsel — Pending Litigation g 9 a 9 t 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 at (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 Mr. Conklin departed from the Closed Session prior to discussion of Item No. 13.5. 7 2013-190 13.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 9:55 am. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 14. ADJOURNMENT 14.1. The meeting was adjourned at 9:56 a.m. The next Regular Board of Directors Meeting will be held Thursday, October 10, 2013 at 8:30 a.m. _ Steven R. Conklin Board Secretary 8 •