HomeMy WebLinkAbout2013-10-24 - Board of Directors Meeting Minutes2013 -203
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, October 24, 2013, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The October 24, 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
Gary T. Melton, President
Robert R. Kiley, Vice President
Michael J. Beverage
Ric Collett
Phil Hawkins
STAFF PRESENT
Steve Conklin, Acting General Manager
John DeCriscio, Operations Manager
Delia Lugo, Acting Finance Manager
Art Vega, Acting IT Manager
Annie Alexander, Executive Secretary
Richard Cabadas, Accounting Assistant I
Ken Graff, Maintenance Distribution Operator II
Jorge Lopez, Maintenance Distribution Operator II
Anthony Manzano, Senior Project Manager
Damon Micalizzi, Public Information Officer
Derek Nguyen, Water Quality Engineer
Tiffany Nguyen, Senior Accountant
Jeremy Smith, Maintenance Worker I
Anthony Varian, Maintenance Distribution Operator
ALSO PRESENT
Brett Barbre, Director, MWDSC and MWDOC
Gene Hernandez, Councilmember, City of Yorba Linda
Art Kidman, Partner, Kidman Law LLP
Fred Cornwell, Representing the King Family Trust
Gordon Thomson, Representing the King Family Trust
Mike Payne, Representing the King Family Trust
Mark Hillard, Representing the Mount San Antonio Homeowners Association
Jack Williams, Representing the Mount San Antonio Homeowners Association
4. ADDITIONS /DELETIONS TO THE AGENDA
Mr. Conklin requested to remove Item Nos. 7.6. and 7.9. from the Consent
Calendar for separate action. The Board agreed.
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5. PUBLIC COMMENTS
None.
6. SPECIAL RECOGNITION
6.1. Introduction of Newly Hired Employees
• Jeremy Smith, Maintenance Worker I
• Tiffany Nguyen, Senior Accountant
• Richard Cabadas, Accounting Assistant I
Management staff introduced the above listed personnel and
provided the Board with an overview of their background and work
experience. The Board welcomed these new employees to the
District.
Mr. Conklin then introduced Messrs. Graff, Lopez, and Varian and
explained that Director Kiley had requested these staff members be in
attendance at the Board meeting in order to be recognized for their
excellent customer service. Director Kiley stated that he had experienced
a water leak on his property after hours and that these staff members had
responded quickly and competently. Director Kiley then thanked these
employees for their efforts.
Mrs. Nguyen and Messrs. Smith, Cabadas, Graff, Lopez, and Varian left
the meeting at this time.
7. CONSENT CALENDAR
Director Collett made a motion, seconded by Director Kiley, to approve the
Consent Calendar. Motion carried 5 -0.
7.1. Minutes of the Board of Directors Workshop Meeting held October 3, 2013
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Minutes of the Board of Directors Special Meeting held October 4, 2013
Recommendation
presented.
That the Board of Directors approve the minutes as
7.3. Minutes of the Board of Directors Regular Meeting held October 10, 2013
Recommendation: That the Board of Directors approve the minutes as
presented.
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7.4. Payments of Bills, Refunds and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $2,032,607.69.
7.5. Progress Payment No. 8 for the 2012 Waterline Replacement Project,
Phase II
Recommendation: That the Board of Directors approve Progress
Payment No. 8 in the net amount of $69,164.92 to TBU, Inc. for
construction of the 2012 Waterline Replacement Project, Phase II, Job No.
2011 -20.
7.7. Supplemental Declaration for Amalfi Hills
Recommendation: That the Board of Directors approve the Supplemental
Declaration of Covenants, Conditions, Restrictions and Reservation of
Easements for Amalfil Hills.
7.8. Quitclaim Deed for 18151 Catalina Court
Recommendation: That the Board of Directors authorize the President
and Secretary to execute a Quitclaim Deed to Mr & Mrs. William Akers for
abandoning the northerly 59.31 feet of the 15 -foot wide District easement,
as Instrument No. 20010763330 of Official Records of Orange County.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
7.6. Terms and Conditions for Water and Sewer Service with King Family
Trust, Tract 16488
Mr. Conklin explained that the King Family Trust was proposing to develop
11 residential lots on its 20 -acre site in the upper Casino Ridge area. He
then reviewed some of the issues of concern addressed in the Terms and
Conditions (T &Cs) including water storage, fire flow, and water pressure
for the proposed development. Similar T &Cs for the proposed project
were previously approved by the Board on October 13, 2011. Mr. Conklin
then responded to questions from the Board regarding which reservoir
would be serving the proposed development, the number of homes that
would be required to have individual residential booster pumps, the
location of the District's easement, and the City's handling of storm water
runoff. President Melton then opened the meeting to public comments
regarding this matter. Mr. Hillard, attorney for the Mount San Antonio
Homeowners Association (HOA), addressed the Board and expressed the
organization's concerns related to the T &Cs for the proposed development
project. He stated that there was no finalized agreement between the
HOA and the King Family Trust to date, that the HOA did not want to be
held responsible for the residential booster pumps, and that the HOA
would like the developers to be required to provide a surety bond.
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2013 -206
Mr. Payne, representing the King Family Trust, addressed the Board and
stated that the issues related to the agreement between the HOA and the
King Family Trust would be worked out between those two parties and
would not have any effect on the T &Cs with the District. He further stated
that the developer would require that the homeowners be responsible for
the residential booster pumps and that the required surety bonds would be
provided. Mr. Thomson, also representing the King Family Trust,
addressed the Board and briefly commented on the developer's
discussions with the HOA related to fuel modification zone as well as
previous dealings between the HOA and the King Family. President
Melton then asked for clarification that the issues existing between the
HOA and the King Family Trust were not related to the District. This was
confirmed.
Director Collett made a motion, seconded by Director Hawkins, to approve
the Terms and Conditions for Water and Sewer Service with the King
Family Trust, Tract No. 16488, Job No. 200911. Motion carried 5 -0.
All of the individuals representing the King Family Trust and the Mount
San Antonio Homeowners Association left the meeting at this time.
7.9. Quitclaim Deed and Relocation of Easement for 4830 Roosevelt Court
Mr. Conklin explained that following posting of the agenda, staff
discovered that the name of Katherine Minnick as listed on both of these
documents needed to be corrected to read Merissa Minnick. The
documents were subsequently revised and distributed to the Board and
made available to the public. Staff is recommending approval of the
documents as corrected.
Director Beverage made a motion, seconded by Director Hawkins, to (1)
authorize the President and Secretary to execute a Quitclaim Deed to Mr.
& Mrs. Mike Minnick for abandoning the southerly 15 -foot wide District
easement in Book 863, Pages 22 to 25 of Official Records of Orange
County; and (2) authorize execution of an Easement Deed within the
actual pipeline alignment within the same property. Motion carried 5 -0.
8. ACTION CALENDAR
8.1. Annexation Response Letter to the City of Placentia
Mr. Conklin explained that the City of Placentia had sent a letter opposing
the District's proposed annexation to the Orange County Water District
which was approved on October 2, 2013. During the YLWD /City of
Placentia Joint Agency Committee meeting that was held on October 14,
2013, this letter and conditions relating to the annexation were discussed.
It was then agreed that the District would provide a letter in reply to the
City's issues and concerns. Mr. Conklin then responded to questions from
the Board in regards to the need for a response to the City's letter.
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Director Hawkins made a motion, seconded by Director Melton, to
authorize the Acting General Manager to submit the response letter to the
City of Placentia. Motion carried 3 -2 with Directors Beverage and Collett
voting No.
8.2. Construction of Well 21 Pump -to -Waste Outlet Structure
Mr. Conklin explained that OCWD had requested that the District complete
construction of a pump -to -waste outlet structure for Well 21 while the
water level in Conrock Basin was near empty. The bid opening for
construction of this structure was conducted on October 22, 2013. A
revised agenda report listing the bid results had been distributed to the
Board and made available to the public. Staff reviewed the bids and
recommend moving forward with the execution of a Construction Contract
with Pascal & Ludwig Constructors in the amount of $97,300. Mr. Conklin
then responded to questions from the Board related to the budget for
construction of Well 21.
Director Hawkins made a motion, seconded by Director Kiley, to authorize
execution of a Construction Contract to the lowest responsible bidder,
Pascal & Ludwig Constructors, in the amount of $97,300 for the
Construction of Well 21 Pump -to -Waste Outlet Structure. Motion carried
5 -0.
8.3. Invitation to Join the California Association of Sanitation Agencies (CASA)
Mr. Conklin explained that he had spoken with Mike Dunbar regarding the
possibility of the District becoming a member of CASA. This matter was
reviewed by the Executive - Administrative - Organizational Committee who
agreed that it was a good idea.
Director Kiley made a motion, seconded by Director Hawkins, supporting
the District's membership in CASA. Motion carried 5 -0.
8.4. Vehicle Purchases for District
Mr. DeCriscio explained that the Board had previously approved the funds
to purchase four replacement vehicles for the Engineering, IT and
Operations departments in the 2013/14 Capital Outlay Budget. Mr.
DeCriscio provided an overview of the vehicles to be purchased and the
quotes received from four vendors. Following review, staff is
recommending that the District purchase the vehicles from Villa Ford,
Director Collett noted that the budgeted amount for this purchase was
$170,000.
Director Collett made a motion, seconded by Director Hawkins, to
authorize the Acting General Manager to purchase the four replacement
vehicles from Villa Ford for an estimated cost of $154, 000. Motion carried
5 -0.
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9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. President's Report
None.
9.2. Directors' Report
• Yorba Linda Mayor's Prayer Breakfast — October 17, 2013
(Hawkins /Kiley /Melton)
• Mayor of YL State of the City Address — October 23, 2013
(Collett/Hawkins /Kiley /Melton)
• MWDOC Water Policy Forum & Dinner — October 23, 2013
(Collett /Kiley /Melton)
Directors Collett, Hawkins, Kiley and Melton briefly reported on their
attendance at the above events.
9.3. Acting General Manager's Report
Mr. Conklin reported that the District's annual Health and Benefits
Awareness Fair was held on October 15, 2013. Flu shots that were
originally planned to be provided that day were rescheduled to October
30, 2013. He then reported on the results of the recent YLWD /City of
Yorba Linda Joint Agency Committee meeting held October 16, 2013.
Presentations were provided by staff from the District, the City of Yorba
Linda, the Orange County Fire Authority, and the Orange County Sheriff's
Department. Councilmember Hernandez noted that he was very pleased
with the presentations that were provided. Mr. Micalizzi stated that he was
also pleased and that he was currently working on editing the video
footage of the meeting in preparation for it to be aired on the local public
access television station. The next YLWD /City of Yorba Linda Joint
Agency Committee meeting is scheduled to be held December 18, 2013 at
6:00 p.m. and will be held at the District's offices. Mr. Conklin continued
his report and stated that construction was proceeding on the Waterline
Replacement Project. Work on the new pipeline and pressure regulating
station on Suncrest was continuing and the roof structure for the Yorba
Linda Blvd Pump Station was taking shape. Mr. Conklin then asked Mr.
DeCriscio to provide the Board with an update regarding activities in the
Operations Department. Mr. DeCriscio reported that staff had been
working on removing air in the waterlines in Zones 1, 2 and 3. Mr. Conklin
clarified that the air in the waterlines was strictly a matter of aesthetics and
not quality. Mr. Conklin stated that he would be out of the office the
following week and that Mrs. Knight and Mr. DeCriscio would be serving
as the manager in charge on specified days during that time. Mr. Conklin
then asked Mr. Nguyen to provide the Board with an overview of the new
MCL proposed by the Department of Public Health for Chromium 6. Mr.
Nguyen provided a PowerPoint presentation regarding existing and
proposed regulations for Chromium 6 and levels detected in the District's
water sources. Staff will keep the Board updated as appropriate.
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Mr. Nguyen and Mr. Manzano left the meeting at this time.
9.4. General Counsel's Report
Mr. Kidman did not have any comments at this time but did note that a
Closed Session would be needed.
9.5. Future Agenda Items and Staff Tasks
None.
10. COMMITTEE REPORTS
10.1. Executive - Administrative - Organizational Committee
(Melton /Kiley)
■ Minutes of the meeting held October 15, 2013 at 4:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held November 21, 2013 at 4:00
p.m.
10.2. Finance - Accounting Committee
(Hawkins /Melton)
■ Next meeting is scheduled to be held October 28, 2013 at 9:00 a.m.
10.3. Personnel -Risk Management Committee
(Collett /Beverage)
■ Minutes of the meeting held October 8, 2013 at 4:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held November 12, 2013 at 4:00
p.m.
10.4. Planning- Engineering- Operations Committee
(Kiley /Hawkins)
• Minutes of the meeting held October 7, 2013 at 12:00 p.m. were
provided in the agenda packet.
■ Next meeting is scheduled to be held November 13, 2013 at 12:00
p.m.
10.5. Public Affairs - Communications - Technology Committee
(Beverage /Collett)
■ Minutes of the meeting held October 14, 2013 at 4:00 p.m. were
provided in the agenda packet.
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■ Next meeting is scheduled to be held November 4, 2013 at 4:00
p.m.
10.6. Organizational and Efficiency Study Ad Hoc Committee
(Beverage /Hawkins)
■ Next meeting to be scheduled.
10.7. YLWD -City of Placentia Joint Agency Committee
(Melton /Hawkins)
■ Minutes of the meeting held October 14, 2013 at 9:30 a.m. will be
provided at the next regular Board meeting.
■ Next meeting to be scheduled.
10.8. YLWD -City of Yorba Linda Joint Agency Committee
(Kiley /Beverage)
■ Minutes of the meeting held October 16, 2013 at 7:00 p.m. will be
provided at the next regular Board meeting.
• Next meeting is scheduled to be held December 18, 2013 at 6:00
p.m.
10.9. YLWD - MWDOC -OCWD Joint Agency Committee
(Beverage /Melton)
■ Next meeting is scheduled to be held November 26, 2013 at 4:00
p.m.
10.10. Citizens Advisory Committee
(Beverage)
■ Next meeting is scheduled to be held October 28, 2013 at 8:30 a.m.
11. INTERGOVERNMENTAL MEETINGS
(The following items were taken out of order.)
11.1. Yorba Linda LMAD CAC — October 10, 2013 (Beverage)
Director Beverage attended and reported that the Committee was still
working on the development of its mission statement.
11.5. Yorba Linda LMAD CAC — October 21, 2013 (Kiley)
Director Kiley attended and reported that the Committee was working on
developing a uniform landscape policy.
12.
13.
14.
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11.2. YL City Council — October 15, 2013 (Collett)
Director Collett attended and commented on two public hearings regarding
the Housing Element and the Brandywine Homes development which
were held during the meeting.
11.3. MWDOC Board — October 16, 2013 (Staff)
Mr. Conklin attended and noted that it was a very quick meeting.
11.4. OCWD Board — October 16, 2013
No report was provided regarding this meeting as neither a Director or
member of staff were able to attend.
11.6. YL Planning Commission — October 23, 2013 (Hawkins)
Director Hawkins reviewed the agenda for this meeting and determined
that it would not be necessary to attend.
BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from October 25, 2013 —November 30, 2013
The Board reviewed the activity calendar and made no changes.
CONFERENCES, SEMINARS, AND SPECIAL EVENTS
13.1. WEROC South EOC Open House —November 6, 2013
Weymouth Treatment Plant Inspection Trip — November 8, 2013
Director Beverage made a motion, seconded by Director Collett, to
authorize Director attendance at these events if desired. Motion carried
5 -0.
Director Kiley expressed an interest in attending the WEROC Open
House.
CLOSED SESSION
The meeting was adjourned to Closed Session at 9:58 a.m. All Directors were
present. Also present were Messrs. Conklin, Kidman and Beltran.
14.1. 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.
State of Pennsylvania,
Case No. 00486884)
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Insurance Company of the
et al (OC Superior Court —
2013 -212
14.2. 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)
14.3. 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
14.4. 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
14.5. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: 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.
15. ADJOURNMENT
15.1. The meeting was adjourned at 10 :11 am. The next Regular Board of
Directors Meeting will be held Thursday, November 14, 2013 at 8:30 a.m.
__ t . onklin
Board Secretary
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