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Home My WebLink About2014-01-23 - Board of Directors Meeting Agenda PacketYorba Linda '"Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 23, 2014, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Robert R. Kiley, President Ric Collett, Vice President Michael J. Beverage Phil Hawkins Gary T. Melton 4. ADDITIONS /DELETIONS TO THE AGENDA 5. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 6. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 6.1. Minutes of the Board of Directors Special Meeting held December 19, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Regular Meeting held December 23, 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 $1,219,404.34. 6.4. Progress Payment No. 9 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 9 in the net amount of $103,705.23 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. 6.5. Proposed Extension of Professional Services Agreement with Townsend Public Affairs Recommendation: That the Board of Directors extend the Professional Services Agreement with Townsend Public Affairs through June 30, 2014 at a fee of $5,000 per month. 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 7.1. Proposed Revision of Board of Directors Committee and Intergovernmental Meeting Assignments Recommendation: That the Board of Directors consider revising the committee and intergovernmental meeting assignments for the 2014 calendar year. 7.2. Board of Director Non - Member Attendance at Committee Meetings Recommendation: That the Board of Directors consider the options available for implementation of this proposed policy and provide direction to staff. 7.3. Agreement for Placentia and YLWD Turf Replacement Demonstration Project Recommendation: That the Board of Directors approve the Cooperative Agreement for the City of Placentia and the Yorba Linda Water District Turf Replacement Demonstration Project at an estimated cost of $58,000. 7.4. Response to Draft EIR for Esperanza Hills Development Project Recommendation: That the Board of Directors review and approve the letter titled Response to Draft EIR for Esperanza Hills Development Project, to be completed and submitted to the County by February 4, 2014. 8. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 8.1. Status of Efforts to Obtain SDLF District of Distinction Accredidation 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report CASA Winter Conference - January 15 -17, 2014 (Kiley) 9.2. Directors' Reports 9.3. Acting General Manager's Report 9.4. General Counsel's Report 9.5. Future Agenda Items and Staff Tasks 10. COMMITTEE REPORTS 10.1. Executive - Administrative - Organizational Committee Kiley / Collett Minutes of meeting held January 13, 2014 at 4:00 p.m. Meeting scheduled February 10, 2014 at 4:00 p.m. 10.2. Finance - Accounting Committee • Meeting scheduled January 27, 2014 at 4:00 p.m. 10.3. Personnel -Risk Management Committee Hawkins / Melton • Minutes of meeting held January 14, 2014 at 4:00 p.m. • Meeting scheduled February 11, 2014 at 4:00 p.m. 10.4. Planning- Engineering- Operations Committee Melton / Beverage • Minutes of meeting held January 6, 2014 at 12:30 p.m. Meeting scheduled February 4, 2014 at 4:00 p.m. 10.5. Public Affairs - Communications - Technology Committee Collett / Hawkins Minutes of meeting held January 6, 2014 at 4:00 p.m. Meeting scheduled February 3, 2014 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee Meeting to be scheduled. 10.7. YLWD -City of Placentia Joint Agency Committee Beverage /Melton • Meeting to be scheduled. 10.8. YLWD -City of Yorba Linda Joint Agency Committee Kiley / Collett • Meeting scheduled February 25, 2014 at 6:00 p.m. 10.9. YLWD - MWDOC -OCWD Joint Agency Committee Kiley / Beverage • Meeting scheduled January 28, 2014 at 4:00 p.m. 10.10. Citizens Advisory Committee Kiley • Meeting scheduled January 27, 2014 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC - January 9, 2014 (Beverage) 11.2. WACO - January 10, 2014 (Kiley /Hawkins) 11.3. MWDOC Board - January 15, 2014 (Melton) 11.4. YL Planning Commission - January 15, 2014 (Beverage) 11.5. YL City Council - January 21, 2014 (Kiley) 11.6. OCWD Board - January 22, 2014 (Collett) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from January 24, 2014 - February 28, 2014 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS This section of the agenda is for the Board of Directors to authorize Director attendance at the listed events. 13.1. WEF Lower Colorado River Tour - February 26 -28, 2014 Recommendation: That the Board of Directors authorize Director attendance at this event if desired. 14. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and /or litigation. The public is excused during these discussions. 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. Insurance Company of the State of Pennsylvania, et al. (OC Superior Court - Case No. 00486884) 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. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment 15. ADJOURNMENT 15.1. A Special Board of Directors Meeting will be held Thursday, January 30, 2014 at 1:30 p.m. The next Regular Board of Directors Meeting will be held Thursday, February 13, 2014 at 8:30 a.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non - exempt public records that relate to open session agenda items and are distributed to a majority of the Board less than seventy -two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http: / /www.ylwd.com /. Accommodations for the Disabled Any person may make a request for a disability - related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714 - 701 -3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885 -0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability - related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. AGENDA REPORT Meeting Date: January 23, 2014 ITEM NO. 6.1 Subject: Minutes of the Board of Directors Special Meeting held December 19, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Description: Type: 121913 BOD - Minutes.doc BOD Mtg Minutes 12/19/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 1/23/2014 GM /MB 4 -0 -1 PH was absent. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS SPECIAL MEETING Thursday, December 19, 2013, 2:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The December 19, 2013 Yorba Linda Water District Board of Directors Special Meeting was called to order by President Melton at 2:00 p.m. The meeting was held in the Board /Training 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 ALSO PRESENT 4. STAFF PRESENT Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources and Risk Manager Delia Lugo, Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Art Kidman, Partner, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee PUBLIC COMMENTS None. 5. DISCUSSION ITEMS 5.1. Report from YLWD Citizens Advisory Committee Regarding Draft of Organizational Performance Review — Provided by Chair, Daniel Mole Mr. Mole provided a report to the Board regarding comments received from members of the Citizens Advisory Committee related to the content of the study. He noted that Mr. Lindon Baker had submitted several questions which were then forwarded to Koff & Associates for response. He stated that overall the study didn't seem to reveal any issues that the Board wasn't already aware of. Mr. Mole noted that the Board has had to take a more hands on approach in the management of the District due to the absence of a General Manager. He further stated that the District's rates were reasonable, its customers were happy, and that YLWD was a safe organization. 1 The Board then discussed a few of the issues touched on in the study including staffing allocations and roles of the Board and General Manager. Mr. Kidman briefly commented on the responsibilities of the Board and General Manager. He also noted that the General Manager's position was missing from the org chart on page 10 and did not appear in the Human Resources org chart on page 33 even though this position was responsible for the employment of District personnel. Director Kiley noted that copies of the comparator agencies' org charts were not included with the study. Director Beverage commented on the proposed ideal org chart explaining that Koff was recommending the placement of an Administrative Services Director over the Human Resources, Information Technology and Finance Departments in order to increase organizational efficiency. He also commented on Koff's suggestion to centralize the District's purchasing efforts. Mr. Mole stated that he thought that the District may be management heavy compared to the total number of employees. Director Beverage expressed his gratitude for Mr. Mole's leadership and service on the Citizens Advisory Committee. Director Melton also thanked Mr. Mole for his dedication and asked that he please pass on the Board's appreciation to the Committee members. Mr. Mole left the meeting at this time. Mr. Kidman asked if the final draft of the report was to be presented to the Board at a later time for acceptance. Director Beverage explained that the Ad Hoc Committee would be working with Koff regarding additional revisions resulting from the comments being provided at this meeting. 5.2. Final Draft of Organizational Performance Review The Board then determined to invite each of the Department Manager's individually into the meeting to provide their comments regarding their Department's respective section of the study. Engineering Department Mr. Conklin joined the meeting at this time. He stated that he felt the Engineering Department was operating appropriately when fully staffed. At this time, Mr. Conklin is filling both the Acting General Manager and Engineering Manager positions. He noted that alternative plans have been made for the duties assigned to the Engineering Secretary position. He also indicated that one of the positions for Engineering Technician II will continue to remain unfilled. The incumbent in the Project Coordinator position will soon be retiring. Staff determined that the District has a long term need for this position however the title will be renamed to "Associate Engineer" prior to being opened for recruitment. Mr. Conklin then responded to questions from the Board regarding the filling of key positions, the Engineering Department's org chart, and improvements to communications between the Engineering and Operations Departments related to project design and construction. Director Beverage noted that the Project Coordinator's title in the org chart on page 24 would need to be updated to Associate Engineer. Mr. Conklin left the meeting at this time. 04 Finance Department Mrs. Lugo joined the meeting at this time. She noted that some of the comments made by staff during the interview process may have been interpreted incorrectly in the study. She stated that once fully staffed, the Finance Department would operate sufficiently. At this time the Senior Accountant position is vacant and staff does not see the need to fill the fifth Meter Read I position. She mentioned that all departments would greatly benefit with help of a "floating" clerical position to help with filing and other duties. Mrs. Lugo commented on plans for the upcoming budget process with the expectation that a final draft would be presented to the Board at the end of May 2014. Mrs. Lugo then pointed out that the statement on page 29 regarding significant turnover in Accounting due to the required amount of overtime was inaccurate. Previous staff members in this division actually left due to retirement or for offers of employment with higher compensation. Mrs. Lugo further noted that some of the statements regarding the Cogsdale system on page 30 were also incorrect. Staff has been working with the vendor regarding some issues which aren't considered to be exceedingly problematic or exposing the District to potential risk. Mrs. Lugo then responded to questions from the Board regarding the Cogsdale system, staff training and meter replacement. She then stated that she felt that standard operating procedures needed to be completed for all positions, that centralizing the purchasing function would be highly useful, and that staff would benefit from the formation of a "technology forum." This group could help train personnel on existing technological resources available at the District. Mrs. Lugo left the meeting at this time. A recess was declared at 3:45 a.m. The meeting was reconvened at 3:55 p.m. Human Resources Department Mrs. Knight joined the meeting at this time. She clarified that the Human Resources Clerk position identified in the org chart on page 33 was actually serving as a clerical "floater" in various departments. She also stated that the number of full time employees in the Human Resources departments of several of the comparator agencies were actually higher than as noted in the report. These inaccuracies make it appear as if the District's HR department may be overstaffed. Mrs. Knight then responded to questions from the Board regarding the potential for the HR Department to develop District wide policies and procedures as well as update the current job descriptions. Mrs. Knight left the meeting at this time. Information Technology Department Mr. Vega joined the meeting at this time. Mr. Vega clarified that the use of the term "crash" in reference to a system issue as used in the study was incorrect. He then explained that he had been filling both the Acting IT Manager and Information Systems Administrator positions for quite some time now. The GIS Technician is also currently serving as the Acting GIS Administrator as the former incumbent recently accepted a position with 3 another agency. Staff is working with a vendor to update the District's GIS Master Plan before taking action to fill this vacancy. Staff is also considering the possibility of renaming the job title for this position to GIS Analyst instead of GIS Administrator. Mr. Vega stated that it was very difficult for him to fill both roles he has had to work overtime on a regular basis. He then responded to questions from the Board regarding the Cogsdale system, policies and procedures for the IT Department, the Department's org chart, and the possibility of hiring an in -house electrician. Mr. Vega noted that he would like to consider moving the GIS Division under the IS Administrator and that he was in favor of hiring an in- house electrician that could be shared with the Operations Department. Mr. Vega left the meeting at this time. Operations Department Mr. DeCriscio joined the meeting at this time. Mr. DeCriscio stated that he has been looking into restructuring the Department in order to balance out the staffing ratios between Divisions. This would also facilitate cross - training which is very helpful in the event of an emergency. Mr. DeCriscio noted that the comment regarding staff being required to bring their own tools was inaccurate. He then responded to questions from the Board regarding current staffing levels, meter replacement, and coordination with the Engineering Department. Mr. DeCriscio left the meeting at this time. 5.3. Additional Proposals Requested from Koff & Associates Copies of proposals to conduct a classification study, develop Human Resources policies, and develop a succession plan were included in the agenda packet. No discussion regarding these documents took place at this time. 6. ADJOURNMENT 12 AGENDA REPORT Meeting Date: January 23, 2014 ITEM NO. 6.2 Subject: Minutes of the Board of Directors Regular Meeting held December 23, 2013 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Description: Type: 122313 BOD - Minutes.doc BOD 12/23/13 Minutes Approved by the Board of Directors of the Yorba Linda Water District 1/23/2014 GM /MB 4 -0 -1 PH was absent. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Monday, December 23, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The December 23, 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 4 5 STAFF PRESENT Steve Conklin, Acting General Manager Gina Knight, Human Resources /Risk Manager Delia Lugo, Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Ruben Gonzales, Facilities Maintenance Anthony Manzano, Senior Project Manager Damon Micalizzi, Public Information Officer Derek Nguyen, Water Quality Engineer Hank Samaripa, Project Coordinator ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Barbara Kiley, Former Mayor, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP ADDITIONS /DELETIONS TO THE AGENDA None. SEATING OF DIRECTORS 5.1. Reorganization of the Board of Directors and Appointment of Officers for Calendar Year 2014 Mr. Conklin explained that it was time again for the election of officers and requested nominations for the positions of President and Vice President. Director Collett nominated Director Kiley to serve as President. Director Hawkins seconded the nomination. 1 Director Hawkins nominated Director Collett to serve as Vice President. Director Kiley seconded the nomination. Mayor Pro Tern Hernandez addressed the Board and stated that he thought the Directors being nominated for President and Vice President were outstanding selections. The Board approved the nominations of Director Kiley as President and Director Collett as Vice President on a 4 -0 -1 vote with Director Beverage voting No. The meeting was then turned over to President Kiley as the presiding officer. The following items were taken out of order. 7. SPECIAL RECOGNITION 7.1. Presentation of Proclamation to Director Gary T. Melton for his Service as President During 2013 President Kiley presented 3 proclamations to Director Melton from the YLWD Board of Directors, CA Senator Bob Huff and Assemblyman Curt Hagman in recognition of his service as President during the 2013 calendar year. 7.2. Presentation of Proclamation to Hank Samaripa, Project Coordinator, for 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5 -0. 8.1. Minutes of the Board of Directors Special Meeting held December 5, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $678,513.19. 4 8.3. Progress Payment No. 8 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 8 in the net amount of $179,001.47 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 - 17B. 8.4. Terms and Conditions for Water and Sewer Service with National Community Renaissance Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with National Community Renaissance, Job No. 201322. 8.5. Construction Contract for Elk Mountain Surge Tank Replacement Recommendation: That the Board of Directors award the Construction Contract for the Elk Mountain Surge Tank Replacement for $80,200 to Pascal & Ludwig Constructors. 9. ACTION CALENDAR 9.1. Board of Directors Committee Assignments Mr. Conklin stated that following the annual reorganization of the Board of Directors, the newly elected President assigns the members of the Board to various standing committees and intergovernmental meetings. President Kiley noted that the proposed assignments were included in the agenda packet. Mr. Conklin then provided an overview of Item No. 9.2. as it was related to the Committee assignments. He explained that the Executive - Administrative- Organizational Committee had been discussing the possibility of Director attendance at Committee meetings of which they are not a member. Also discussed was the question as to whether or not a non - member Director could receive a stipend for attending a Committee meeting. Legal counsel performed some research and provided a memo in response to these queries which was included in the agenda packet. Mr. Conklin further explained that legal counsel advised that non - member Directors could attend any Committee meeting they desired to but would have to refrain from participating in deliberations. Director Barbre addressed the Board and stated that all of MWDOC's Committee meetings were noticed as regular Board meetings in order to facilitate non - member Director attendance and have found it to be very helpful. If these meetings were noticed as Committee meetings it would prohibit non - member Directors in attendance from asking questions until the matter was brought to a regular Board meeting for consideration. 3 Mr. Conklin clarified that if the District were to follow this practice, the Committee meetings could be noticed as regular Board meetings and posted 72 hours in advance. Mr. Conklin further explained that legal counsel had also advised that non- member Directors could only be compensated for attendance at Committee meetings if they obtained pre- authorization or post- ratification for their attendance from the full Board. The discussion then returned back to Item No. 9.1. Director Hawkins made a motion, seconded by Director Collett, to approve the proposed recommendations for committee and intergovernmental meeting assignments for the upcoming calendar year. Director Beverage stated that as he had not received a solicitation regarding his preferences for committee assignments ahead of this meeting he would be voting No. Motion carried 3 -0 -2 with Directors Beverage and Melton voting No. 5.1. (Continued) Mr. Conklin explained that appointment of the Secretary, Assistant Secretary, and Treasurer under Item No. 5.1. had not yet taken place. Director Beverage made a motion, seconded by Director Melton, to appoint Steve Conklin as Secretary, Annie Alexander as Assistant Secretary, and Delia Lugo as Treasurer. Motion carried 5 -0. 9.2. Board of Director Non - Member Attendance at Committee Meetings Director Beverage made a motion, seconded by Director Hawkins, to approve staff's recommendation for this matter. Director Hawkins stated that all the water boards he was familiar with noticed their Committee meetings similar to MWDOC's practices and it has proven to be very beneficial. Mr. Kidman noted that staff had not provided the Board with a recommendation regarding this matter. A few options have been identified in the memo provided by legal counsel including the establishment of a policy that would require Committee meetings to be noticed as regular Board meetings if a non - member Director wanted to attend. Another possibility is that non - member Directors could attend Committee meetings but would not be able to participate. In addition, in those circumstances where a non - member Director was attending a Committee meeting, it would be ideal to have legal counsel in attendance in order to facilitate adherence to the Brown Act. If the Committee meetings were noticed as regular Board meetings, it would similarly be ideal to have legal counsel 12 present as this is current practice. In regards to compensation, if the Districts policy is left as is, non - member Directors would be able to receive a stipend for attendance at Committee meetings if their attendance is authorized by the Board. In summary, the Board has the option of noticing all Committee meetings as Board meetings and the question of compensation would already be addressed. Director Hawkins stated that he felt that the District's Committee meetings should be noticed as regular Board meetings to allow non - member Directors in attendance the opportunity to participate. Director Barbre then responded to questions from the Board regarding MWDOC's procedures related to attendance and posting for Committee meetings. Further discussion among the Directors followed. Director Barbre then read the notice included on all MWDOC Committee agendas which explains the agency's procedures related to the attendance and participation of non - member Directors. Director Beverage clarified that his original motion was to allow non- member Director attendance at Committee meetings but without noticing them as regular Board meetings thus not allowing non - member Director participation in the discussion. Director Hawkins stated that he was fine with that but that he thought as long as a non - member Director notified staff 3 days in advance of their planned attendance at a Committee meeting; it could be noticed as a Board meeting thus allowing their participation in the discussion. Mayor Pro Tern addressed the Board and congratulated President Kiley on his appointment. He then cautioned the Board against allowing non- member Director attendance at Committee meetings as it had the potential of increasing the Directors' income and was contrary to the original purpose of a Committee. Mr. Conklin responded to questions from the Board and clarified that no adjustment to the budget would be needed should the Board approve non- member attendance at Committee meetings. Mr. Kidman also responded to questions from the Board and stated that it was current practice to have legal counsel present at meetings of the Board and the Executive - Administrative - Organizational Committee. Director Beverage then suggested that non - member Director's attending Committee meetings not be eligible to receive compensation. Director Hawkins suggested that non - member Directors be allowed to attend Committee meetings without being able to participate. Non- 0 member Directors would then need to obtain post- ratification of their attendance at the next regular Board meeting if they wished to be compensated. If a non - member Director would like to attend a Committee meeting and participate in the discussion, they would need to notify staff 72 hours in advance so the meeting could be noticed appropriately. Director Collett stated that he felt that if a non - member Director did not notify staff of their intent to attend a Committee meeting in advance, they should not be eligible to receive compensation. Mr. Kidman suggested that legal counsel be allowed to look into the matter further and compose an additional opinion before the Board decides to take formal action. No vote on the original motion was taken. Director Collett made a motion, seconded by Director Hawkins, that this matter be taken back to the Executive - Administrative - Organizational Committee with a request that staff construct a written proposal for Board consideration. Motion carried 5 -0. 9.3. Adoption of FPPC Form 806 for the Purpose of Reporting Public Official Appointments Mr. Conklin explained that in order to comply with recent amendments to FPPC regulations, staff was requesting the Board adopt Form 806 as the District's official form for reporting public official appointments and direct staff to post a completed form on the District's website. Director Melton stated that the Executive - Administrative - Organizational Committee had discussed this matter at its meeting held December 17, 2013 and supported staff's recommendation. Mr. Conklin then responded to questions from the Board in regards to staff's responsibility for completing the form. Director Melton made a motion, seconded by Director Hawkins, to (1) adopt FPPC Form 806 as the District's official form for reporting public official appointments; and (2) direct staff to post a completed form on the District's website in accordance with the requirements set forth in FPPC Regulation 18705.5. Motion carried 5 -0. 9.4. Board of Directors Compensation Mr. Conklin explained that the Board had an opportunity to consider an increase in the Directors' compensation rate for the next calendar year. Section 20202 allows for an increase in the amount of compensation up to 5% each calendar year following the operative date of the last adjustment. As the last adjustment was in 2003, the Board would be eligible for an increase in their current compensation rate up to $244.34 per day. The Executive - Administrative - Organizational Committee discussed this matter at its meeting held October 15, 2013 and did not have any recommendation. 3 Director Hawkins made a motion, seconded by Director Collett, to keep the Directors' compensation rate the same for the next calendar year. Director Beverage briefly commented on the rationale for increasing the Directors' compensation rate back in 2003. Motion carried 5 -0. 9.5. Revised Budgeted Positions for Fiscal Year 2013/2014 Mr. Conklin explained that this matter was related to the replacement for Hank Samaripa's position upon his retirement and asked Mrs. Knight to provide the Board with additional information regarding this matter. Mrs. Knight then explained that staff had conducted a market survey of the knowledge and skills needed to perform the essential functions of this position. As a result staff is recommending that the job title be changed from "Project Coordinator" to "Associate Engineer" and that the job classification be revised to require graduation from a 4 -year college or university with a degree in civil engineering or related field and 3 years of responsible engineering and project management experience with an organization similar to the District. This position would also be responsible for administering the District's Emergency Preparedness Program and would not require a P.E. (Registered Professional Engineer). The salary for this position would remain the same at Range 27. Staff is requesting that the Board consider the revisions to the job title and classification requirements. Director Collett stated that this matter had been reviewed in depth by the Personnel -Risk Management Committee. Director Collett made a motion, seconded by Director Beverage, to approve Resolution No. 13 -18 Adopting the Revised Budgeted Positions for the Remainder of Fiscal Year 201312014 and Rescinding Resolution No. 13 -15. Motion carried 5 -0 on a Roll Call vote. 9.6. Potential Claim Filed by Law Offices of Robert A. Stutman, P.C. on behalf of Mercury Insurance Group, Insurer for Charles Busch Mrs. Knight explained that staff had received this claim on November 27, 2013 from the insurer's legal counsel on behalf of Mr. Busch. The claim alleges that a water loss resulting in property damage occurred on Mr. Busch's property in July 2013 that may involve the corrosion of a copper pipe due to additives placed in the water by the District. Staff contacted ACWA/JPIA regarding this matter and was advised to request that the Board reject the claim and refer it to their agency for handling. Director Collett stated that the Personnel -Risk Management Committee had discussed this matter and agreed with the recommendation. Director Collett made a motion, seconded by Director Beverage, to reject the potential claim submitted by the Law Offices of Robert A. Stutman, P.C. on behalf of Mercury Insurance Group, the insurer for Charles Busche, and refer it to ACWA/JPIA. Motion carried 5 -0. 7 Director Barbre addressed the Board and suggested that the District's legal counsel coordinate with MWDSC and MWDOC's legal counsel as there have been several other similar claims. Mr. Kidman responded that the claim against the District and any potential litigation would be handled by ACWA/JPIA's legal counsel. Director Collett requested that his original motion be revised to include a request that Mr. Kidman's office draft a memo notifying MWDSC and MWDOC's legal counsel of this claim and potential litigation. The revised motion carried 5 -0. 9.7. Completion of 2013 Water Leaders Class and WEF Board Member Participation Mr. Conklin explained that a year ago the Board had approved Mr. Nguyen's participation in WEF's 2013 Water Leaders Class. Mr. Nguyen has successfully completed the program and a copy of his memo summarizing his experience was included in the agenda packet. Also included was a copy of the report prepared by the class titled "Stormwater: A Challenging Resource." In addition, Mr. Nguyen's peers have nominated him to serve on the WEF Board of Directors. Staff is requesting Board approval of Mr. Nguyen's time and related expenses to attend and participate in quarterly WEF Board meetings for a 3 -year term. The Executive - Administrative - Organizational Committee discussed this matter and is in favor of this recommendation. Director Hawkins made a motion, seconded by Director Melton, to approve the participation of Derek Nguyen as a member of the Board of the Water Education Foundation for calendar years 2014 through 2016, and authorize his time and related expenses in accordance with District Policy therefore. Motion carried 5 -0. 9.8. Annual Membership Dues for Water Education Foundation Mr. Conklin explained that the District had historically been a member of the WEF but due to budget restrictions opted not to renew its membership beginning in 2011. With the consideration of Mr. Nguyen serving as a Board member for this organization, staff would like to recommend reactivating the District's WEF membership. While not specifically identified in the FY 2013/14 budget, funds are available for participation. Mr. Conklin and Mr. Nguyen then responded to questions from the Board regarding this matter. Mr. Nguyen clarified that his participation on the WEF Board would not be contingent on District membership in the organization. Director Beverage made a motion, seconded by Director Collett, to authorize payment of the District's membership in the Water Education Foundation for calendar year 2013 at a cost of $2,500. Motion carried 5 -0. Mr. Conklin then presented Mr. Nguyen with a plaque commemorating his completion of the 2013 Water Leaders Class. 10. REPORTS. INFORMATION ITEMS. AND COMMENTS 10.1. President's Report President Kiley wished everyone a Merry Christmas and Happy New Year. 10.2. Directors' Report ■ CRWUA Annual Conference — December 11 -13, 2013 (Beverage) Director Beverage provided a brief report on his attendance at the CRWUA conference during which a historical perspective on water rights and the status of the Colorado River were discussed. ■ ACWA SWAP Presentation — December 13, 2013 (Collett) Director Collett stated that he did not attend the ACWA SWAP presentation as he had heard a similar presentation at the WACO meeting. Directors Collett, Hawkins, Melton and Beverage wished everyone a Merry Christmas and Happy New Year. 10.3. Acting General Manager's Report Mr. Conklin reported on the status of the District's annexation to OCWD, the proposed Cielo Vista and Esperanza Hills development projects, construction on the 2012 pipeline replacement and Yorba Linda booster pump station projects, and various staff activities. Mr. DeCriscio then reported on current water demands. 10.4. General Counsel's Report Mr. Kidman stated that a Closed Session would not be required and commented on the significant engineering contributions provided by Mr. Samaripa. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive - Administrative - Organizational Committee ■ Minutes of the meeting held December 17, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 21, 2014 at 4:00 p.m. 9 11.2. Finance - Accounting Committee ■ Minutes of the meeting held December 16, 2013 at 12:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 27, 2014 at 12:00 p.m. 11.3. Personnel -Risk Management Committee ■ Minutes of meeting held December 10, 2013 at 2:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 14, 2014 at 4:00 p.m. 11.4. Planning- Engineering- Operations Committee ■ Minutes of the meeting held December 10, 2013 at 8:30 a.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 6, 2014 at 12:30 p.m. 11.5. Public Affairs - Communications - Technology Committee ■ Minutes of the meeting held December 2, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 6, 2014 at 4:00 p.m. 11.6. Organizational and Efficiency Study Ad Hoc Committee ■ Next meeting to be scheduled. Director Beverage requested that he and Director Hawkins be allowed to conduct an additional Committee meeting in order to provide comments back to Koff & Associates regarding the final draft of the Organizational Performance Review. 11.7. YLWD -City of Placentia Joint Agency Committee ■ Next meeting to be scheduled. 11.8. YLWD -City of Yorba Linda Joint Agency Committee ■ Meeting to be scheduled. 11.9. YLWD - MWDOC -OCWD Joint Agency Committee ■ Next meeting is scheduled to be held January 28, 2014 at 4:00 p.m. 10 12 13. 14. 11.10. Citizens Advisory Committee ■ Minutes of the meeting held December 16, 2013 at 8:30 a.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held January 27, 2014 at 8:30 a.m. INTERGOVERNMENTAL MEETINGS 12.1. Yorba Linda LMAD CAC — December 12, 2013 (Kiley) Director Kiley attended and commented on the development of an outreach mailer and the review of responses to an RFP that were discussed during the meeting. 12.2. WACO — December 13, 2013 (Hawkins /Kiley) Director Hawkins attended and commented on the snowpack in the Sierra Mountains and an update on the Bay -Delta Conservation Plan which were highlighted during the meeting. 12.3. YL City Council — December 17, 2013 (Kiley) Director Kiley was unable to attend this meeting. Mayor Pro Tern Hernandez provided an overview of the business conducted during the meeting including the relocation of the Yorba Linda Vineyard Church and the service of recall notices for Mayor Young and Councilmember Lindsey. Mayor Pro Tern Hernandez further noted that he would continue to serve as the City's liaison to the District and that he and Councilmember Lindsey would serve on the YLWD /City of Yorba Linda Joint Agency Committee. 12.4. MWDOC Board — December 18, 2013 (Melton) Director Melton attended but did not have any District related business to report. 12.5. OCWD Board — December 18, 2013 (Kiley) Director Kiley attended and noted that appointed as President, Cathy Green as Yoh as 2nd Vice President. BOARD OF DIRECTORS ACTIVITY CALENDAR Shawn Dewane had been 1s' Vice President, and Roger 13.1. Meetings from December 24, 2013 — January 31, 2014 The Board reviewed the activity calendar and made no changes. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1. ACWA SWAP Presentation — December 13, 2013 Ratification of Director Collett's attendance at this presentation was not needed as he was unable to attend. 11 14.2. CASA Winter Conference – January 15 -17, 2014 Director Kiley stated that he was planning to attend this conference. Director Hawkins made a motion, seconded by Director Collett, to authorize Director attendance at this event if desired. Motion carried 5 -0. (There was no Closed Session held during this meeting.) 15. CLOSED SESSION 15.1. Conference with Legal Counsel – Pendin ration Pursuant to Subdivision (a) of Se��.' 54956.9 of the California Government Code uu u Name of Case: ACWA/JPIA�11 t al vs fry' ance Company of the State og' "nnsylvania, et C Superior Court – Case Nr '0'0486884),,;. 15.2. Conference with Legal Counsel °��ndl 'Litigation _,. Pursuant to Sul >� �Qn (a) of ° ° =��n 54956.9 of e California �uuu Government Code Name of Case: Cif �'Ul�'pf AEI" m vs Ana J. Matosantos, et al. Su r Co fA, 3 amento – Case No. 34- 2013 - ff fJ01�1 gIl, 15.3 Confer with Leal Couns( Anticipated Litigation ftfffryf1ff ffTf f�f { f� i } 1�� f Qi�nificant�o��ll�;�tigatid Pursuant to Paragraph (2) of Subdivision `Secti0 rl6. f,Cralinia Government Code Related tc� line bre t 1301 N °`rth Rose Drive, Placentia CA 92870. , —umber of P tial CA One t 15.4. Confnce witlegal Counsel – Anticipated Litigation °p ,4� Signifi Ex to Litigation Pursuant to Paragraph (2) of Subdivision (d) of S Q,956.9 of the California Government Code ¢ Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One 15.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager 12 16. ADJOURNMENT 16.1. The meeting was adjourned at 9:52 a.m. The next Regular Board of Directors Meeting will be held Thursday, January 9, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary 13 Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT January 23, 2014 Board of Directors Steve Conklin, Acting General Manager Delia Lugo, Finance Manager Richard Cabadas, Accounting Assistant I Budgeted: Cost Estimate Funding Source: Dept: Reviewed by Legal CEQA Compliance: Payments of Bills, Refunds, and Wire Transfers ITEM NO. 6.3 Yes $1,219,404.34 All Funds Finance N/A N/A Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors' approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $1,219,404.34. DISCUSSION: The major items and wire on this disbursement list are as follows: A wire of $610,970.23 to MWDOC for November 2013 water purchases; a wire of $37,363.81 for December electricity service; and a check of $103,705.23 to Environmental Construction for Progress Payment No. 09. The balance of $204,046.07 is routine invoices. The Accounts Payable check register total is $956,085.34; Payroll No. 01 total is $263,319.00; and the disbursements of this agenda report are $1,219,404.34. A summary of the checks is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi - monthly. ATTACHMENTS: Name: CkRep012314.pdf 14 CC 0123.pdf 14 -CS 0123.pdf Approved by the Board of Directors of the Yorba Linda Water District 1/23/2014 GM /MB 4 -0 -1 PH was absent. Description: CHECK REGISTER CREDIT CARD SUMMARY CAP SHEET Type: Backup Material Backup Material Backup Material Yorba Linda Water District Check Register For Checks Dated: 1/10/2014 thru 01/23/2014 Check No. Date Vendor Name Amount Description 62745 01/23/2014 A Plus Awards By Dewey 35.64 NAME PLATES - FIRES & VP 62742 01/23/2014 ACWA /JPIA 24,480.00 4TH QTR 2013 WORKERS COMP 62743 01/23/2014 Annie Alexander 1,441.71 TUITION REIMBURSEMENT 62744 01/23/2014 Anthony Varian 190.00 CERTIFICATE REIMBURSEMENT 62746 01/23/2014 Apollo Technologies Inc. 430.00 WATER TREATMENT FOR CLOSED LOOPS 62747 01/23/2014 Aqua- Metric Sales Co. 9,956.79 AR 5005 MASTER CHARGING STAND 62748 01/23/2014 Aramark 571.77 UNIFORM SERVICE 62749 01/23/2014 Associated Laboratories 2,118.70 LAB TESTING - NOVEMBER 62750 01/23/2014 Autoscribe Corporation 462.75 WELL 18 REPAIR PARTS 62751 01/23/2014 CalCard US Bank 23,791.96 DEC. & JAN. CC TRANSACTIONS 62752 01/23/2014 Clinical Lab. Of San Bern. 1,675.00 FLUORIDE 5 DAY RUSH 62753 01/23/2014 CNA Surety 350.00 BONDING - #71230777 62769 01/23/2014 Costco Online 149.83 CUPS FOR WATER DISTRIBUTION 62787 01/23/2014 County of Orange 1,405.18 OC LANDFILL FEES - ACCT #1367 62754 01/23/2014 CPR1 585.00 ANNUAL AED TOTAL SOLUTION PKG. 62735 01/23/2014 DANILO PADUA 154.02 CUSTOMER REFUND 62755 01/23/2014 Delta Wye Electric, Inc. 2,728.49 ELECTRICAL MAINTENANCE 62756 01/23/2014 Derek Nguyen 244.00 REIMBURSEMENT - AW WA MEMBERSHIP 62758 01/23/2014 Doxo Inc 3,240.00 ANNUAL BILLING 1/9/14 - 1/8/15 62759 01/23/2014 E. H. Wachs Company 384.90 HANDLE ASSEMBLY WITH CONNECTOR 62760 01/23/2014 Eisel Enterprises, Inc. 324.00 438 METER BOX, LID, & COVER 62761 01/23/2014 Environmental Construction Inc 103,705.23 PROGRESS PAYMENT 9 62763 01/23/2014 FIRST METRO APPRAISALS 6,000.00 APPRAISAL RPT -4622 E. PLUMOSA 62764 01/23/2014 Fleet Services, Inc 903.90 #154 - VEHICLE SERVICE /MAINTENANCE 62736 01/23/2014 GLORIA HAACK 373.39 CUSTOMER REFUND 62762 01/23/2014 Grandpoint Bank 5,458.17 RETENTION NO.9 62765 01/23/2014 Graybar Electric Co 200.36 IT HARDWARE 62766 01/23/2014 Haaker Equipment Co. 1,435.26 WHEELS 8" LINE 62767 01/23/2014 Harrington Industrial 3,221.82 200 GAL ROUND TANKS 62770 01/23/2014 Infosend Inc. 9,961.29 BILL MAILING - DECEMBER 2013 62771 01/23/2014 Jimni Systems Inc 915.00 ONSITE CALL - PUMP #2 GREEN CR 62772 01/23/2014 Kidman Law 0.00 VOID /MISPRINT 62806 01/23/2014 Kidman Law 4,537.00 LEGAL SERVICES 62773 01/23/2014 Koff & Associates, Inc 0.00 VOID /MISPRINT 62807 01/23/2014 Koff & Associates, Inc 630.00 VS OCULARIS CAMERA LIC 62774 01/23/2014 Konica Minolta Business 0.00 VOID /MISPRINT 62808 01/23/2014 Konica Minolta Business 833.78 PRINTING SVC /LEASE 62775 01/23/2014 Lee & Ro, Inc. 3,782.00 CONSULTING /PROF. SERVICES 62776 01/23/2014 Liebert Cassidy Whitmore 4,231.20 LEGAL SERVICES 62777 01/23/2014 Liebert Cassidy Whitmore 75.00 LCW Ethics Webinar- M Beverage 62778 01/23/2014 Liebert Cassidy Whitmore 3,095.00 OC HR EMPLOYMENT REL. CONSORTI 62768 01/23/2014 MailFinance 313.93 LEASE /POSTAGE MTR - 2/14 -5/14 62779 01/23/2014 Marina Landscape, Inc 4,114.68 LANDSCAPE - DEC. 2013 62781 01/23/2014 Mc Fadden -Dale Hardware 452.94 WAREHOUSE HARDWARE 62780 01/23/2014 Mc Master -Carr Supply Co. 14.31 18 -8 STAINLESS STEEL Q/R PIN 62739 01/23/2014 MEGHAN OLIVAS 47.96 CUSTOMER REFUND W011414 01/14/2014 Municipal Water District 610,970.23 MWDOC WTR PURCH - NOVEMBER'13 62782 01/23/2014 Muzak LLC 73.74 JANUARY SERVICES 62737 01/23/2014 NADIA NAVARRO 57.64 CUSTOMER REFUND 62783 01/23/2014 NatPay Online Business Solutions 36.75 DOCULIVERY - DECEMBER 2013 62784 01/23/2014 Nickey Kard Lock Inc 4,877.96 FUEL 62785 01/23/2014 Occu -Med, Ltd. 246.50 OUT OF AREA EXAM 62786 01/23/2014 Office Solutions 1,926.26 AP LASER CHECKS 62738 01/23/2014 ORHYAN CAPITOL MGMT, LLC 170.60 CUSTOMER REFUND 62788 01/23/2014 Orvac Electronics 116.53 IT HARDWARE 62790 01/23/2014 P.T.I. Sand & Gravel, Inc. 674.43 3/4" CL 2 BASE 62799 01/23/2014 Petty Cash 225.34 PETTY CASH - OFFICE 62741 01/23/2014 POSTED PROPERTIES.COM 303.01 CUSTOMER REFUND 62789 01/23/2014 Praxair Distribution 128.20 SPEC MD ALUM 100 -200 62740 01/23/2014 QI LIU 92.74 CUSTOMER REFUND 62791 01/23/2014 Quinn Power Systems Associates 575.13 HIGHLAND #5 - CLUTCH 62792 01/23/2014 Safety -Kleen Systems Inc 722.28 HAZZARDOU MAT'L DISPOSAL 62793 01/23/2014 Sancon Engineering Inc. 15,794.00 INSTALLATION OF CIPP LINER 62794 01/23/2014 SC Prime Source Inc. 4,800.00 JANITORIAL SERVICE - JAN 2014 62795 01/23/2014 Security Solutions 2,343.08 LINEAR RADIO TO WELL 15 62796 01/23/2014 Southern Calif Edison Co. 2,235.07 MIRALOMA AVE - DEC 2013 W012014 01/20/2014 Southern Calif Edison Co. 37,363.81 7573 -1213 - DEC. 2013 62797 01/23/2014 Southern Calif Gas Co. 11,588.96 FAIRMONT BLVD - DEC 2013 62800 01/23/2014 St.Jude Hospital Yorba Linda 235.00 URINE - DOT DRUG SCREENING 62798 01/23/2014 Step Saver Inc 702.62 COURSE SALT 62801 01/23/2014 Strophe America Inc 800.00 HR & PAYROLL TRAINING 62802 01/23/2014 Sunrise Medical Group 240.00 HEP B VACCINES 62803 01/23/2014 Total Compensation Systems, Inc 3,800.00 GASB45 VALUATION SERVICES 62804 01/23/2014 Underground Service Alert 171.00 DIGALERT 62805 01/23/2014 Villa Ford 24,392.50 F150- #200- IFTFX1CF5EKD27226 62757 01/23/2014 White Nelson Diehl Evans LLP 1,400.00 INTERIM BILLING ON AUDIT 6/30/13 956,085.34 Date Vendor Name 12/18/13 DELL 12/30/13 HOME DEPOT 12/30/13 PLUMBING & INDUSTRIAL SUPPLY 12/31/13 COLDSTONE 01/06/14 UBM EVENTS 01/06/14 JOBS AVAILABLE 01/06/14 BROWN & CALDWELL 01/07/14 OC PARKS 01/07/14 JOHN DEERE LANDSCAPE 01/07/14 VERIZON 01/07/14 WELLS SUPPLY 01/08/14 BRADY WORLDWIDE INC. 01/08/14 FTP TODAY 01/08/14 R1 NOBLE 01/08/14 SUNSTATE 01/08/14 HD SUPPLY 01/09/14 FAIRWAY FORD Cal Card Credit Card U S Bank 12/18/13- 1/09/14 Amount Description 93.95 REPLACEMENT BATTERY FOR DELL D830 11.88 REPAIR PARTS FOR TOILETS 37.80 TOILET REPAIR KIT 27.99 IT DEPT MEETING 299.00 INTEROP - IT ANNUAL CONVENTION 350.00 ASSOCIATE ENGINEER RECRUITMENT 200.00 ASSOCIATE ENGINEER RECRUITMENT 200.00 OC PARKS FEE FOR EE PICNIC 63.29 PARTS FOR PVC CUTTER 5,002.84 VERIZON CELL SVC - NOV. & DEC. 2012 14,523.64 DECEMBER 2013 INVOICES 289.21 LABEL CARTRDIGES FOR LABEL MACHINE 49.95 STORAGE - FTP 2,132.53 ASPHALT FOR ROAD REPAIR 277.04 RENTAL OF DRUM ROLLER 49.02 36" ASPHALT RAKE 183.82 REPAIR OF SEWER VEHICLE #134 TOTAL 23,791.96 CHECK NUMBERS: Computer Checks Void Checks WIRES: W011414 W012014 January 23, 2014 62735 -62808 307,751.30 62772 -62774 0.00 307,751.30 MWDOC SCE TOTAL OF CHECKS & WIRES PAYROLL NO. 01: 610,970.23 37,363.81 648, 334.04 Direct Deposits $ 170,235.89 Third Party Checks 5757 -5765 $ 44,770.69 Payroll Taxes $ 48,312.42 TOTAL OF PAYROLL $956,085.34 $263,319.00 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $1,219,404.34 ------------------------------------------------------------------ ------------------------------------------------------------------ APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF January 23, 2014 ------------------------------------------------------------------ ------------------------------------------------------------------ Meeting Date To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT January 23, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted: Total Budget: Cost Estimate: Funding Source Account No: Job No: Dept: Reviewed by Legal: Joe Polimino, Project Engineer CEQA Compliance: ITEM NO. 6.4 Yes $2.6M $2.3M All Water Funds 101 -2700 200817B Engineering No MND Progress Payment No. 9 for the Yorba Linda Blvd Pump Station Project Work is continuing on the construction of the Yorba Linda Blvd Pump Station Project. The project consists of three electric motor driven vertical turbine pumps, flow control valves, a motor control center, various yard piping and a new masonry block building. STAFF RECOMMENDATION: That the Board of Directors approve Progress Payment No. 9 in the net amount of $103,705.23 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 -17B. DISCUSSION: In accordance with the contract documents, ECI, Inc. submitted a request for Progress Payment No. 9, in the amount of $109,163.40 for completed work through December 31, 2013. During this period, the contractor completed the installation of the three electric motors, the rooftop skylights and formed and poured some of the concrete curb and sidewalk. They also formed and poured the concrete pad for the roof antenna mount. The status of the construction contract with ECI, Inc. is as follows: • The current contract is $1,581,179.00 and 365 calendar days starting April 1, 2013. • If approved, Progress Payment No. 9 is $109,163.40 (6.9% of the total contract amount), less 5% retention of $5,458.17 for a net payment of $103,705.23. • If approved, total payments to date including retention will be $1,288,419.30 (81.5% of the total contract amount). • As of December 31, 2013, 275 calendar days were used (75.3% of the contract time). Staff reviewed the contractor's progress payment and recommend approval. A copy of Progress Payment No. 9 is attached for your reference. PRIOR RELEVANT BOARD ACTION(S): On December 20, 2012, the Board of Directors authorized the President and Secretary to execute a construction agreement between Environmental Construction, Inc. (ECI), and the Yorba Linda Water District for the Construction of the Yorba Linda Blvd Pump Station Project in the amount of $1,581,179.00. The Board of Directors has approved eight progress payments to date, the last of which was approved on December 23, 2013. ATTACHMENTS: Description: Type: ECI YL Blvd. PS Progress Pay Request 9.odf Progress Pay Request No. 9 for YL Blvd. Pump Station Backup Material Approved by the Board of Directors of the Yorba Linda Water District 1/23/2014 GM /MB 4 -0 -1 PH was absent. YORBA LINDA WATER DISTRICT PROGRESS PAY REPORT PROJECT Yorba Linda Blvd. Pump Station PROGRESS PAY REQUEST NO. 009 LOCATION Yorba Linda, CA PROJECT NO. 2008178 PAGE 1 OF 1 PAGES CONTRACTOR Environmental Construction Inc. DATE 1/7/14 ORIGINAL CONTRACT AMOUNT: AUTHORIZED CHANGE ORDERS REVISED CONTRACT AMOUNT: PAY ESTIMATE FOR PERIOD VALUE OF WORK COMPLETED CHANGE ORDER WORK COMPLETED TOTAL VALUE OF WORK COMPLETED LESS RETENTION 5% LESS OTHER DEDUCTIONS NET EARNED TO DATE LESS AMOUNT PREVIOUSLY PAID BALANCE DUE THIS ESTIMATE NOTICE TO PROCEED COMPLETION TIME APPROVED TIME EXTENSIONS TOTAL CONTRACT TIME TIME EXPENDED TO DATE TIME REMAINING REQUESTED BY: RECOMMENDED: $ 1,581,179.00 $ 1,581,179.00 December 1, 2013 PREVIOUS TO December 31, 2013 THIS MONTH TO DATE $ 1,179,255.90 $ 109,163.40 $ 1,288,419.30_ CALENDAR DAYS h 90 CALENDAR DAYS $ 1,179,255.90 $ 109,163.40 $ 1,288,419.30 $ 1,120,293.11 $ 103,705.23 $ 1,223,998.34 Electronic Wire Fees $ 1,223,998.34 $ 1,120,293.11 $ 103, 705.23 April 1, 2013 365 CALENDAR DAYS 0 CALENDAR DAYS 365 CALENDAR DAYS 275 CALENDAR DAYS h 90 CALENDAR DAYS DATE: l DATE: 7 APPROVED BY: DATE: Steve Conklin, Engineering Manager, YLWD Meeting Date To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT January 23, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Cindy Botts, Management Analyst Budgeted: Total Budget: Cost Estimate: Funding Source Account No: Dept: Reviewed by Legal ITEM NO. 6.5 Yes $60,000 FY 2013/14 $60,000 FY 2013/14 Water Operating Fund 1- 1010- 0780 -00 Board of Directors Yes Proposed Extension of Professional Services Agreement with Townsend Public Affai rs The previously executed Professional Services Agreement with Townsend Public Affairs (TPA) ended December 31, 2013. TPA has proposed to extend its services agreement for continued legislative advocacy to June 30, 2014 at the same contract terms. STAFF RECOMMENDATION: That the Board of Directors extend the Professional Services Agreement with Townsend Public Affairs through June 30, 2014 at a fee of $5,000 per month. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee reviewed this matter at its meeting held January 13, 2014 and supports staff's recommendation. DISCUSSION: Townsend Public Affairs has requested to extend their Professional Services Agreement for government relations and advocacy services through June 30, 2014. While TPA has not suggested any revisions to the initial Scope of Work, they have stated that they would be happy to accommodate any changes requested by the Board of Directors. The approved budget for FY 2013/14 includes $60,000 for Legislative Consultants which would fund services through June 30, 2014. A copy of TPA's supplement contract and their August 2011 Proposed Scope of Services are attached for information and consideration. STRATEGIC PLAN: CP 1 -A: Enhance Resources for Public Information and Governmental Affairs Division PRIOR RELEVANT BOARD ACTION(S): By majority vote, the Board of Directors approved a Professional Services Agreement with Townsend Public Affairs on August 25, 2011. ATTACHMENTS: Name: TPA Contract Supplement.pdf TPA Scope of Services.pdf Approved by the Board of Directors of the Yorba Linda Water District 1/23/2014 GM /MB 4 -0 -1 PH was absent. Description: Backup Material Backup Material Type: Backup Material Backup Material TOWNS END PUBLIC AFFAIRS r =T TPA 1990 January 7, 2014 Yorba Linda Water District Attention: Steve Conklin, General Manager 1717 E Miraloma Ave Placentia, CA 92870 RE: Supplement to Contract #2 Dear Mr. Conklin, Enclosed, please find two originals of the "Supplement to Contract #2" between Yorba Linda Water District and Townsend Public Affairs, Inc. Please sign one original and return to our office in the enclosed self addressed stamped envelope. If you have any questions or concerns, please feel free to contact me by phone at (949) 399 -9050 or by e -mail at CDavis @Townsendpa.com. Sincerely, Chrysten Davis Director of Operations Enclosures 2 Contracts Return Envelope 1401 Dove Street, Suite 330 • Newport Beach, CA 92660 • o 949- 399 -9050 - F 949 - 476 -8215 SACRAMENTO - WASHINGTON, DC - SOUTHERN CALIFORNIA - NORTHERN CALIFORNIA WWW.TOWNSENDPA.COM SUPPLEMENT TO CONTRACT FOR CONSULTING SERVICES ( #2) THIS SUPPLEMENT TO CONTRACT FOR CONSULTANT SERVICES ( "Supplement ") is made and entered into this day of January, 2014 by and between the Yorba Linda Water District ( "Client ") and Townsend Public Affairs, Inc., a California corporation ( "Consultant "). RECITALS A. Client and Consultant have entered into that certain "Professional Services Agreement between the Yorba Linda Water District and Townsend Public Affairs, Inc." dated as of August 25, 2011 ( "Contract ") and Amendment #1 dated February 14, 2013. B. The parties to this Supplement desire to change the term of the Contract as set forth herein. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto supplement and amend the Contract as hereinafter set forth. 1. The term shall now be extended through June 30, 2014. 2. All other terms and conditions of the Contract, except as set forth herein, shall remain in full force and effect. WHEREFORE, this Supplement is executed by the parties as of the date set forth above. CLIENT: Yorba Linda Water District Steve Conklin Acting General Manager CONSULTANT: TOWNSEND PUBLIC AFFAIRS, INC. a California corporation Christopher Townsend President and Secretary le E?CN f h l Iq Cr &A)-r/A; a cb Toinseud PUBI IC: AFFAIRS INC MEMORANDUM To: Yorba Linda Water District, Board of Directors From: Christopher Townsend, President Heather Stratman, Senior Director Casey Elliott, State Capitol Director Matthew Hicks, Associate Date: August 25, 2011 Subject: Government Relations & Advocacy Proposed Scope of Services for FY 2011 -2012 This document is intended to serve as a proposal for advocacy and government relations services for the Yorba Linda Water District (YLWD) for the Fiscal Year 2011- 2012. The document identifies and outlines the proposed services provided by Townsend Public Affairs (TPA) for consideration by YLWD. TPA has identified a number of local and state legislative and policy issues of concern to YLWD. Those include, but are not limited to, the items listed below. Orange County Sanitation District — Board of Directors Seat Background • The Orange County Sanitation District (OCSD) is a special district established by the California State legislature and governed by a 25- member board of directors. • Under California Health and Safety Code 4730.65, legislation will be required for the Yorba Linda Water district to obtain a seat on the Board. The Yorba Linda Water District is entitled to this seat as the "public agency empowered to and engaged in the collection, transportation, treatment or disposal of sewage" for the City of Yorba Linda. Advocacy TPA proposes to provide support to YLWD, specific to the following activities: • TPA will provide strategic consulting and advocacy regarding generating local support among legislators and member agencies for granting a seat to the Yorba Linda Water District on the Board of the Orange County Sanitation District. • TPA will work with Senator Bob Huff and Assemblyman Curt Hagman, as co- authors, to refine this legislative concept and then introduce legislation. • TPA will assist in guiding the bill through Legislative Counsel, the Committee Process, and ultimately passage through the Legislature. • TPA will outreach to key stakeholders to ensure there is broad range support for this proposal, including, but not limited to, OCSD and City of Yorba Linda. • TPA will work to ensure the bill is approved by the Legislature and signed by the Governor. Orange County Transportation Authority Background • The Orange County Transportation Authority has notified the Yorba Linda Water District of its intention to conduct street repairs that would impact YLWD's water /sewer lines and operations. • Based on an existing right -of -way YLWD is not financially or legally responsible for repairs and improvements to the lines as the result of OCTA's work within the street(s). • YLWD has issued a letter to OCTA providing information on the existing right -of- way and is awaiting a response from CCTA. Advocacy: TPA proposes to provide support to YLWD, specific to the following activities: • TPA will provide strategic consulting and advocacy regarding OCTA's action subsequent to responding to YLWD's letter. • TPA will work with OCTA staff and Board Members to educate them about YLWD's specific circumstances • TPA, as needed, will engage other key stakeholders into the decision making process in support of YLWD's position. State Legislation Background • TPA will provide ongoing strategic consulting YLWD as needed, including but not limited t o reporting and special legislative services such District require special legislation. • TPA will consult with YLWD staff and the Board arise throughout the year. BudgetlCost Proposal and advocacy services for the legislative monitoring, analysis, as running legislation should the of Directors as issues and needs TPA proposes the following monthly fee for services that would include the entire scope of work detailed above: • September 1, 2011 — February 29, 2012: $3,000 per month • March 1, 2012 — December 31, 2012: $5,000 per month In summary, TPA would greatly enjoy the opportunity to work with the Yorba Linda Water District. We welcome your feedback and thank you for your consideration. AGENDA REPORT Meeting Date: January 23, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Annie Alexander, Executive Secretary Budgeted: Total Budget: Cost Estimate: Funding Source: Account No Dept: ITEM NO. 7.1 Yes $90,000 $90,000 Water Operating Fund 1- 1010- 0440 -00 Board of Directors Subject: Proposed Revision of Board of Directors Committee and Intergovernmental Meeting Assignments STAFF RECOMMENDATION: That the Board of Directors consider revising the committee and intergovernmental meeting assignments for the 2014 calendar year. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee discussed this matter at its meeting held January 13, 2014 and recommended additional revisions to the Directors' committee and intergovernmental meeting assignments in order to address schedule conflicts and District related interests. DISCUSSION: At the last regular meeting, the Board of Directors determined to revise the committee and intergovernmental meeting assignments for the next calendar year. Since that time, a schedule conflict has arisen with assignments for the Finance - Accounting Committee and the Yorba Linda Planning Commission meetings. In addition, President Kiley would like to request that the Board consider assigning a Director to attend OCSD meetings (as an observer) in order to prepare for the possibility of the District obtaining a seat on the agency's Board of Directors. The attached spreadsheet indicates the current assignments with the proposed amendments highlighted in red. This includes the re- assignment of Director Hawkins to the Finance - Accounting Committee, the switching of assignments for the Yorba Linda Planning Commission meetings, and the assignment of President Kiley to attend OCSD Board meetings as an observer. STRATEGIC PLAN: CP 1 -C: Have Board of Directors and YLWD Staff Attend More Events and Inter - governmental Meetings within the Local Community ATTACHMENTS: Name: Description: YLWD 2014 Revised BOD Committee Assignments.xls Backup Material Type: Backup Material Standing Committees 2012 2013 2014 EAO Hawkins Melton Kiley (Chair) First Tuesday of the Month Melton Kiley Collett Ell FA Kiley Hawkins Beverage(Chair) Third Tuesday of the Month Hawkins Melton Kiley Hawkins PRM Beverage Collett Hawkins(Chair) Second Wednesday of the Month Collett Beverage Melton PEO Collett Kiley Melton (Chair) Fourth Wednesday of the Montt Kiley Hawkins Beverage PACT Melton Beverage Collett (Chair) Second Thursday of the Month Beverage Collett Hawkins YLWD /MWDOC /OCWD Joint Agency Hawkins Melton Kiley Fourth Thursday of the Month Beverage Beverage Beverage YLWD /City of Placentia Joint Agency N/A Melton Beverage First Wednesday of the Month N/A Hawkins Melton INV YLWD /City of Yorba Linda Joint Agency N/A Kiley Collett Third Wednesday of the Month N/A Beverage Kiley CAC Beverage Beverage Kiley First Wednesday of the Month Interagency Meeting Assignments 2012 2013 2014 YL City Council Mtg 1 Hawkins Kiley Collett First Tuesday of the Month YL City Council Mtg 2 Melton Collett Kiley Third Tuesday of the Month YL Planning Comm Mtg 1 Kiley Melton Make a Beverage Second Wednesday of the Month YL Planning Comm Mtg 2 Collett Hawkins Beverage Melton Fourth Wednesday of the Montt YL LMAD Citizens Advisory Committee N/A Kiley Beverage Second Thursday of the Month YL LMAD Citizens Advisory Committee N/A Beverage Collett Fourth Thursday of the Month OCWD Board of Directors Kiley Kiley Collett First Wednesday of the Month OCWD Board of Directors Kiley Kiley Collett Third Wednesday of the Month MWDOC Board of Directors Melton Melton Melton First Wednesday of the Month MWDOC Board of Directors Melton Melton Melton Third Wednesday of the Month WACO Meeting Hawkins Hawkins Kiley First Friday of the Month Kile Hawkins LAFCO Meeting Beverage Beverage Beverage Second Wednesda of the Month Nffimmm-�� IF OCSD N/A N/A Kiley Fourth Wednesday of the Month ISDOC Meeting Collett Collett Hawkins Quarterly on the Fourth Tuesday ACWA/JPIA Meeting Hawkins Hawkins Hawkins Semi-Annually in May & November AGENDA REPORT Meeting Date: January 23, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Reviewed by Legal: Prepared By: Cindy Botts, Management Analyst ITEM NO. 7.2 Yes Subject: Board of Director Non - Member Attendance at Committee Meetings STAFF RECOMMENDATION: That the Board of Directors consider the options available for implementation of this proposed policy and provide direction to staff. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee discussed this matter at its meetings held in November and January and recommended that the Board of Directors make no change to the current process regarding non - member Director attendance at Committee meetings. DISCUSSION: At its December 23, 2013 meeting, the Board of Directors discussed the possibility of authorizing non - member Director attendance at Committee meetings. At that meeting, the Board also reviewed the District's current policy as it relates to non - member Directors' compensation for attendance at Committee meetings. Following discussion, the Board directed this matter back to the Executive - Organizational- Committee for further examination, and asked staff to develop options for consideration by the Committee. The EAO Committee reviewed this item at its meeting on January 13, 2014. Two options were prepared for and reviewed with the EAO Committee: Option A 1. Authorize non - member Director attendance at Committee meetings given they refrain from participation in accordance with the Brown Act. 2. Non - member Directors wishing to attend and participate in Committee meetings would need to notify staff prior to posting of the agenda so the meeting can be noticed appropriately. 3. Non - member Directors would need to obtain pre- authorization or post- ratification from the full Board for attendance at Committee meetings in order to receive compensation (per Ordinance No. 03 -01). Option B 1. Determine to notice all Committee meetings as regular Board meetings in order to facilitate non - member Director attendance and participation. 2. Non - member Directors would not need to receive pre- authorization or post- ratification from the full Board for their attendance at Committee meetings in order to receive compensation. At the Committee meeting, the attached memo was referenced in which Mr. Kidman advised that in those circumstances where a non - member Director is in attendance at a Committee meeting, legal counsel should be present in order to facilitate adherence to the Brown Act. In addition, if the District's Committee meetings were to be noticed as regular Board meetings, it would be similarly recommended to have legal counsel present as this is current practice. At the Committee meeting staff also noted that should the Board decide to move forward with either Option A or B, no changes would be necessary to the current budget as the amount of compensation for Director attendance at meetings of the Board or those attended at the request of the Board is set at $150 per day and cannot exceed 10 days per calendar month. And lastly, it was noted by staff that if the Board decided to move forward with either Option A or B, some revisions may be necessary to the Board of Directors Rules for Organization and Procedure (Resolution No. 11 -15) which will require the assistance of legal counsel. Staff would also need up to two weeks to work with the vendor to implement the required changes in NovusAgenda. ATTACHMENTS: Name: Description: Type: Kidman Memo RE BOD Non - member Attendance at Comm Mtos.p Backup Material Backup Material df Kidman Law LLP W ater I Env_ironm ent I G overnm ent MEMORANDUM TO: Steve Conklin Acting General Manager FROM: Art Kidman General Counsel DATE: December 19, 2013 RE: Board of Director Compensation Non - member Attendance at Committee Meetings Issue Presented: May a member of the Board of Directors attend a meeting of a Board committee of which he is not a member and draw a daily stipend for attending the meeting? Answers: Meetings of committees comprised of Board members must be open to the public and, therefore, any Director is permitted, subject to specific limitations, to attend committee meetings even if he is not a member of the committee. Under current policies set by the Board, however, a Director may draw a daily stipend for attending a committee meeting where he is not an appointed committee member only if his attendance at the committee meeting is requested by the Board. Alternatives are available to authorize compensation for such meeting attendance. DISCUSSION The issues presented deal with two legal principles which will be addressed separately. The first legal principle is whether and under what conditions a director is permitted by law to attend a Board committee meeting when he is not a member of the committee. The second issue is whether and under what conditions a Director may be compensated for attendance at a Board committee meeting when he is not a member of the committee. A. A Board member may attend any Board committee meeting; but must refrain from any participation in the committee's deliberations. The Ralph M. Brown Act is our State's open public meetings law. The Brown Act broadly prohibits public agency decisions and deliberations leading to public agency decisions from being made by or occurring among a quorum of governing body members outside of a noticed public meeting of the governing body. Government Code §54953(a). The requirement for open public meetings also applies to meetings of standing committees consisting of less than a quorum of governing body members. Government Code §54952(b). Since standing committee meetings are open to the public, governing body members who are not committee members may attend such meetings, but special rules apply. A Board member who is not a committee member may attend a meeting of that committee as an observer, but may not ask questions, make statements or otherwise participate in any way in the deliberations or decisions of the committee. Government Code §54952.2(c)(6) provides that a meeting of a standing committee is not a meeting of the governing body as follows: "The attendance of a majority of the members of the legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers." [emphasis added] The reason for this special rule for non - committee Board member attendance at committee meetings is readily apparent. If an additional Board member in attendance at a committee meeting means that a quorum of the Board participates in the deliberations and/or decisions of the committee , then the committee meeting constitutes a Board meeting and must be noticed to the public as such, including the posting of a Board meeting agenda 72 hours in advance of the committee meeting. The moment the additional Board member begins to participate in the deliberations or decisions of the committee, the committee meeting becomes a violation of the Brown Act potentially subjecting all the board members in attendance to penalty. The California Attorney General has opined that the "observer" status of such non- committee Board members attending a standing committee meeting prohibits the non - committee member from participating in the committee in any way, including making statements or asking questions. "Indeed, such observers have fewer rights than members of the general public attending the meetings, since as observers they may make no statements and ask (no) questions." 81 Ops. Atty. Gen 156. RECOMMENDATIONS RE ISSUE A: A.1 The Board should consider whether and under what conditions committee meetings should be conducted as noticed and agendized Board meetings in order to allow participation in the committee meeting by any or all Board members. A.2 If "participation" in committee meetings remains limited to less than a quorum of the Board, the Board should consider adoption of policy requiring (a) any Board member to notify the General Manager when he plans to attend a meeting of a committee where he is not a committee member; (b) requiring the General Manager to notify the committee chairman of the plans for a third Board member to be present at the committee meeting; and (c) requiring the General Manager to request District legal counsel to attend the committee meeting to assure compliance with the special "only as observer" rule under the Brown Act. B. A Board member may be compensated only for attendance at Board meetings and other meetings attended at the request of the Board. Under State Law and under Yorba Linda Water District Ordinance No. 03 -01 (Setting Compensation for Members of the Board of Directors), Directors may be compensated at a daily rate "for each day's attendance at meetings of the Board of Directors and other meetings attended at the request of the Board of Directors." By custom and practice, the Board of Directors annually approves assignment of members of the Board to serve on Board committees and annually designates members of the Board to attend recurring meetings of outside agencies. In addition, each Board meeting agenda includes an item for ad hoc approval of one or more Board members to attend specific meetings and events. These rules, customs and practices appear to be compliant with AB 1234 (Government Code §53232.1). If a Board member attends a meeting which has not been pre- approved by the Board, the member may be entitled to the per diem compensation only if the member's attendance is ratified after the fact by a vote of the Board. Under these rules, customs and practices a Board member may be compensated a day's attendance at a meeting of a committee of which he is not a member only if the member obtains pre- authorization or post - ratification from the full Board for attendance at the committee meeting. RECOMMENDATIONS RE ISSUE B: B.1 If the Board determines under recommendation A.1 above to designate committee meetings as Board meetings, then State law and Ordinance 03 -01 both allow compensation for any board member to attend a committee meeting. B.2 If the Board determines under recommendation A.2 above to limit "participation" in committee meetings to members of the committee, the Board should consider whether (a) to continue ad hoc approval of attendance for daily compensation to any Director who attends a meeting of a committee of which he is not a member; or (b) to provide blanket approval of such attendance for daily compensation. Meeting Date: To: From: Presented By: Prepared By: Subject: SUMMARY: AGENDA REPORT January 23, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Budgeted Cost Estimate: Reviewed by Legal Cindy Botts, Management Analyst CEQA Compliance: ITEM NO. 7.3 (m $58,000 Yes Pending Agreement for Placentia and YLWD Turf Replacement Demonstration Project As an outgrowth of YLWD /City of Placentia Joint Agency Committee meetings and discussions, the District has indicated that it is amenable to participating with the City in a Turf Replacement Demonstration Project. The City obtained and provided project and cost documentation and recommended various options for District participation in the project. At its meeting on November 22, 2013, the EAO Committee agreed with the option where the District would advance the City the total amount needed for the project, estimated to be approximately $58,000, with the City paying the District back half the advanced cost over five years in equal annual installments. The EAO Committee reviewed the draft agreement for the project at its meeting on January 13, 2014. STAFF RECOMMENDATION: That the Board of Directors approve the Cooperative Agreement for the City of Placentia and the Yorba Linda Water District Turf Replacement Demonstration Project at an estimated cost of $58,000. COMMITTEE RECOMMENDATION: The Executive - Administrative - Organizational Committee discussed this matter at its meeting held January 13, 2014 and support staff's recommendation. DISCUSSION: A summary of the details concerning the project are provided in the Recitals of the attached Agreement. ATTACHMENTS: Name: Final YLWD and Placentia agreement.docx Exhibit A for Placentia Agmt.pdf Approved by the Board of Directors of the Yorba Linda Water District 1/23/2014 GM /RC 4 -0 -1 PH was absent. Description: Cooperative Agreement Exhibit to Agreement Type: Backup Material Backup Material COOPERATIVE AGREEMENT FOR CITY OF PLACENTIA AND YORBA LINDA WATER DISTRICT TURF REPLACEMENT DEMONSTRATION PROJECT THIS COOPERATIVE AGREEMENT ( "Agreement ") is made as of this day of , 2014, by and between City of Placentia, a Charter City and a municipal corporation ( "Placentia "), and the Yorba Linda Water District, a municipal corporation ( "YLWD "). Placentia and YLWD are sometimes referred to collectively herein as the "Parties." RECITALS A. Placentia maintains, on land owned by Placentia, three landscaped medians (the "Median Islands ") in the center of Yorba Linda Boulevard, located between McCormick and Linda Vista in Placentia. B. The Median Islands are located within Placentia and YLWD boundaries. C. Placentia waters the Median Islands with water purchased from YLWD. D. To conserve water resources it is desired to remove and replace the existing turf (approximately 7,986 square feet of turf) on the Median Islands with artificial turf with the remaining landscape features remaining intact. E. As provided herein, the YLWD Board of Directors has agreed to advance Placentia the total amount of funds needed for removal and replacement of the existing turf on the Medial Islands in a project known as the City of Placentia and Yorba Linda Water District Turf Replacement Demonstration Project, hereinafter referred to as the "Project ". F. The Project serves as a demonstration project to highlight a partnership between Placentia and YLWD to conserve water and eliminate the use of pesticides and fertilizers on median islands. G. The Project benefits Placentia through water conservation and reduced maintenance cost, while assisting YLWD to meet its SB x7 -7 conservation requirements. H. Placentia and YLWD have met and agreed upon the Project scope as described in the attached Exhibit "A." As set forth herein, YLWD will advance the total Project construction cost for the Project, subject to the limitations herein, and Placentia will pay YLWD back one -half of the total Project construction cost in annual increments over a five -year period. NOW, THEREFORE, in consideration of the premises and the respective and mutual promises and agreements hereinafter set forth, the Parties hereby promise and agree as follows: 1. Placentia Obligations. Placentia shall: a. Prepare the plan, specifications, and cost estimates for the Project and retain contractors to perform work on the Project b. Have jurisdiction of the construction area during construction for the purposes of authority over all aspects of the Project. c. Be the construction agent for the Parties to do and perform all acts necessary or required in order to construct the Project in accordance with plans and specifications, including material control, inspection of the work, and execution and delivery of documents necessary or required in completion of the Project, including notice of final inspection, certification of day labor, equipment, and material cost, and certification of the Project. d. Require each contractor retained to perform work on the Project to provide the following insurance: (1) Commercial General Liability ( "CGL ") insurance; (2) Automobile Liability insurance; and (3) Workers' Compensation and Employer's Liability insurance. Each CGL policy shall identify YLWD and its officials, employees, officers, and agents (collectively, the "Covered Parties ") as additional insureds, or be endorsed to identify Covered Parties as additional insureds. Each CGL policy shall have liability coverage limits of at least $1,000,000 per occurrence for bodily injury, personal injury and property damage, and either a $2,000,000 aggregate total bodily injury, personal injury and property damage for all operations. Each Automobile Liability policy shall require coverage for "any auto" and shall have limits of at least $1,000,000 for bodily injury and property damage, each accident, and shall use ISO policy form "CA 00 01," including owned, non -owned and hired autos, or the exact equivalent. Each contractor shall cover or insure the existence of coverage under the applicable laws relating to Workers' Compensation insurance, all of their employees employed directly by them or through subcontractors at all times in carrying out work for the Project in accordance with the "Workers' Compensation and Insurance Act" of the California Labor Code and any amendatory Acts and shall provide Employer's Liability insurance with limits of at least $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee. Each insurance policy shall be primary insurance as respects the Covered Parties for all liability arising out of the activities performed by or on behalf of the contractor and any insurance, pool coverage, or self - insurance maintained by the Covered Parties shall be excess of the contractor's insurance and shall not contribute to it. All insurance coverage maintained or procured by each contractor shall be endorsed to waive subrogation against the Covered Parties. These requirements shall be added to each contractor's contract for work on the Project. e. Add language to each contractor's contract for work on the Project that the contractor shall indemnify, hold harmless, and defend the Covered Parties from any and all actions, suits, claims, and damages liabilities, including costs and attorney's fees, whether or not suit is actually filed, and any judgment rendered against any or all of the Covered Parties, that may be asserted or claimed by any entity arising out of or in connection with contractor's work, operations, or activities pertaining to this Agreement. f. Serve as lead agency as designated pursuant to the implementation of CEQA. g. Obtain YLWD's prior written consent, which shall not be unreasonably withheld, before awarding any contracts for construction of the Project. h. Reimburse YLWD the total of one -half of the total Project construction cost in equal annual increments over a five -year period beginning with a first payment on July 1, 2014. 2. YLWD Obligations. YLWD shall: a. Review and approve plans and specifications as to constructability, operation, and maintenance of the Project as it relates to YLWD. b. Have access to the progress of construction for the purpose of inspection, and should YLWD deem any remedial measures necessary prior to Placentia's acceptance of the work, YLWD shall notify Placentia in writing. c. Advance to Placentia the total outside contractor amount needed for construction of the Project (estimated to be $57,000 before MWDOC rebate as set forth in Exhibit "A "). d. Apply for the MWDOC rebate for the Project. If the rebate is approved for the Project, the rebate will be accounted for by YLWD in the final computation of the total Project construction cost when the rebate is received by YLWD. YLWD shall have no liability regarding the rebate amount If MWDOC does not approve the rebate or issue the rebate. 3. Mutual Agreements. It is mutually agreed between the Parties that: a. The Covered Parties, both individually and collectively, shall not be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Placentia under in or in connection with any work delegated to Placentia under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, Placentia shall defend, indemnify, and hold the Covered Parties harmless from any liability imposed for injury (as defined by Government Code Section 810.08) occurring by reason of anything done or omitted to be done by Placentia under or in connection with any work delegated to Placentia under this Agreement. b. YLWD shall have the sole discretion to make or approve change orders related to the Project. c. Any construction cost not previously approved in writing by YLWD shall be the sole responsibility of Placentia and shall not count in the computation of total Project construction costs. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year first written above. CITY OF PLACENTIA YORBA LINDA WATER DISTRICT Troy L. Butzlaff, ICMA -CM City Administrator ATTEST: Patrick J. Melia, City Clerk City of Placentia APPROVED AS TO FORM: Andrew V. Arczynski City Attorney Steve Conklin Acting General Manager Robert Kiley, President Yorba Linda Water District KIDMAN LAW LLP Arthur G. Kidman, Esq. YLWD General Counsel OC Turf and Putting Greens 24548 Sunshine Dr. Laguna Niguel, CA 92677 Lic.0 -27 & D -12 # 941912 Phone # 714- 290 -2082 Fax # 949- 495 -4047 www.octurfandputtinggreens.... City of Placentia Antonia Castro - Graham 401 East Chapman Ave. Placentia, Ca. 92870 Job site: Yorba Linda Blvd. Mediums From: Mc Cormack to Linda Vista ze--�cL I �/'- -r " A " Remove existing turf and soil down to allow approx. 3 inches of base, haul the dirt and grass away. Cap irrigation system. Install bubblers for trees in grass areas as needed. Install bender boards as needed Compact existing natural soil where required - import the base - compact - level and sculpt or properly grade to allow proper water run off. Grade sub base towards existing water drains to allow proper drainage. Turf style (Diamond Light Fescue 65oz. face weight).We cut a little bit longer on the edges to allow a perfect edge tucking finish, this step along with proper sculpting are key to achieving a natural appearance. We use 6" nails every 4 inches on all the edges, seams and in the field every 3 ft. apart disbursed in a random pattern. Power broom the turf to bloom the blades upright. Infill the turf with Sand using 1 pound per square foot ratio. Groom it again for final touch. Clean and remove all debris and air blow the entire area. Approx. Sq.Ft. 7,766 Sq.Ft. Note: For every tree in the Turf area, we will installed bender board and a buubler. $30.00 Per Tree. 7,766 Estimate Date Estimate # • / 11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.001 0.00 0.001 0.00 0.001 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7.251 56,303.50 0.00 0.00 Total $56,303.50 Meeting Date; To: From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT January 23, 2014 Board of Directors Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Reviewed by Legal: Steve Conklin, Acting General Manager ITEM NO. 7.4 Yes Response to Draft EIR for Esperanza Hills Development Project The Draft EIR for the Esperanza Hills Development Project was made available for public review by Orange County Planning Services from December 4, 2013 through February 4, 2014. District staff and legal counsel reviewed relevant portions of the document and prepared a draft letter with its comments on the EIR. The draft letter is attached for review and consideration by the Board. STAFF RECOMMENDATION: That the Board of Directors review and approve the letter titled Response to Draft EIR for Esperanza Hills Development Project, to be completed and submitted to the County by February 4, 2014. DISCUSSION: The Esperanza Hills Development proposes to construct 340 single - family residential units on 469 acres in unincorporated Orange County, located east of San Antonio Road and north of Stonehaven Drive /Via del Agua. A draft EIR was issued for public review by the County on December 4, 2013, and has been reviewed by District staff relative to water and sewer services. The draft letter with the District's response to the EIR is attached for review by the Board. The letter in final form needs to be submitted to the County by February 4, 2014. ATTACHMENTS: EHE DEIR Response 01- 23- 14.docx Approved by the Board of Directors of the Yorba Linda Water District 1/23/2014 RC /MB 4 -0 -1 PH was absent. Description: Esperanza Draft EIR Response Letter Type: Backup Material January 23, 2014 Kevin Canning, Contract Planner OC Planning P.O. Box 4048 Santa Ana, CA 92702 -4048 Subject: Comments regarding the D (DEIR) For Esperanza Hills P j� Yorba Linda Water District (District) provider for the proposed Project offers mental Impact Report - SCH# 2012121071 e water and sewer collection service k1lowinadDFIR comments: Water and sewer infrastriucture for this P etec 'shall be constructed with the of water and sewer serUs is not acceptable. • Two points of connectio` from the existing to the proposed potable water Sys be required • arding s r services for th cts, the representatives for the two cts were each advised that the istrict will require gravity -sewer service fr e Project, extending southerly and westerly downward to and through the Vista Project to connect to existing District sewers. Engineering studies he project developers will be required to confirm the size of the sewer lin hroughout the projects, and to confirm that the existing downstream rs have adequate existing capacity for the additional flow. • As stated in the nditional Will Serve letter, "the applicant must satisfy certain conditions specified by the District and agreed to by the applicant before service will be available to supply the Project. Any future, binding commitment by the District to service this Project will be subject to the availability of water and sewer facilities and the planning, design, and construction of adequate facilities to meet the demands of the project in accordance with the terms and conditions of an Application to an Agreement with the Yorba Linda Water District for Water and Sewer Service executed by the applicant and the District; both in accordance with the District's policies existing at the time such agreements are executed." Kevin Canning January 23, 2014 Page 2 5 -633 R6VW "Th ystem 9TVall be designed to yield minimum static pressures of 60 psi at reservoirs' high water level, residual ressures of 40 psi during non fire demands,..." to "The system II be designed to yield minimum static pressures of 60 psi at r oirs' mid water level,..." Ite o. 2, add the word "minimum" after "20 PSI" — typical all fire hydrant pressure call -outs, per District standards. Item no. 3, revise 1,000 gallons per minute to 1,500 GPM" - typical all minimum residential fire flow demand call -outs, per District standards. Item no. 4, revise "500 feet" to "300 feet" — typical all minimum residential fire hydrant spacing call -outs, per District standards. Kevin Canning January 23, 2014 Page 3 Page Section Comment 4 -1 Appendix P Section 4.2, modify "Reservoirs are sized to include storage for the Esperanza Hills project only unless agreements are reached with adjoining property owners and development agreements between adjoining property owners and YLWD are entered into as set forth above." to "Reservoirs shall be sized to include the Esperanza Hills and Cielo Vista developments together." Modify Table 4 -2 to reflect two lopments. This modification is also required for the Prelim later Report, Option 2. 3102. Si Steve Coftlin, P.E. Acting General Manager CC Kris Concept Pete Bonano, AGENDA REPORT Meeting Date: January 23, 2014 To: Board of Directors From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Annie Alexander, Executive Secretary Subject: DISCUSSION: Dept: ITEM NO. 8.1 Administration Status of Efforts to Obtain SDLF District of Distinction Accredidation In February 2012, the Board of Directors unanimously approved a commitment towards achieving the "District of Distinction" accreditation from the Special District Leadership Foundation (SDLF). The Board reaffirmed their commitment in March 2013 after the application requirements were updated to include the completion of the "District Transparency Certificate of Excellence" program. Below is a list of major tasks that need to be accomplished in order to submit both applications: Complete policies and procedures manual with Board minute action adopting or reviewing within the last year. Documentation showing participation of each Board member, the General Manager and other executive staff (as identified by the Board) in 6 hours of basic governance training within the past 5 years. Attendance of CSDA's Special District Leadership Academy "Governance Foundations" course will satisfy this requirement. The next sessions of this course are being offered March 18, 2014 in Sacramento and September 29, 2014 in Palm Springs. CSDA is planning to schedule another Special District Leadership Academy Conference like the one recently held in Napa, but the dates and location (possibly Southern California) are still yet to be determined. Adoption of a policy related to handling Public Records Act (PRA) requests. (A draft of the Records Management Policy which addresses the handling of PRA requests will be forwarded to legal counsel for review in the next few weeks.) The EAO Committee reviewed the above at its January 13 meeting and asked that this item be brought to the Board to determine if the Board still plans to pursue the accreditation, and if so, to discuss how to move forward. Meeting Date Subject: ATTACHMENTS: ITEM NO. 10.1 AGENDA REPORT January 23, 2014 Executive - Administrative - Organizational Committee Kiley / Collett Minutes of meeting held January 13, 2014 at 4:00 p.m. • Meeting scheduled February 10, 2014 at 4:00 p.m. Name: 011314 EAO - Minutes.docx Description: EAO Mtg Minutes 01/13/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT EXECUTIVE - ADMINISTRATIVE - ORGANIZATIONAL COMMITTEE MEETING Monday, January 13, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3. 5. 4. The January 13, 2013 meeting of the Yorba Linda Water District's Executive - Administrative- Organizational Committee was called to order by Director Kiley at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE STAFF Director Robert R. Kiley, Chair Steve Conklin, Acting General Manager Director Ric Collett Damon Micalizzi, Public Info Officer OTHER ATTENDEES Art Kidman, Partner, Kidman Law LLP Heather Dion, Senior Director, Townsend Public Affairs (By Teleconference) PUBLIC COMMENTS None. DISCUSSION ITEMS 5.1. Status of Legislative Affairs This item was taken out of order to accommodate Ms. Dion who was participating in the meeting by teleconference. Ms. Dion provided an update to the Committee on state and local legislative affairs of interest to the District, making note of the District's activities with OCTA and OC Sanitation District. Mr. Kidman joined the meeting during the discussion. Following the discussion, Ms. Dion ended her teleconference connection with the meeting. ACTION CALENDAR 4.1. Proposed Extension of Professional Services Agreement (PSA) with Townsend Public Affairs (TPA) Mr. Conklin reported that the PSA with TPA expired on December 31, 2013, and that TPA has proposed to extend its services agreement for continued legislative advocacy to June 30, 2014 at the same contract terms. Following discussion, the Committee supported staff's 1 recommendation that the Board approve an amendment to the existing PSA with TPA under the same terms and conditions and same monthly fee of $5,000 per month. 4.2. Agreement for Placentia and YLWD Turf Replacement Demonstration Project Mr. Conklin reported that over the last year, the YLWD /Placentia Joint Agency Committee, and more recently the District's EAO Committee, have been considering a Joint Agency Turf Replacement Demonstration Project. Under the project, the District would advance the City the cost of replacing grass with artificial turf in three median islands in the middle of Yorba Linda Blvd at an estimated cost of $58,000. In accordance with the terms and conditions of a draft agreement reviewed by the EAO Committee on January 13, 2014, the City would reimburse the District half the construction cost in equal annual installments over five years. Following discussion, the Committee recommended that the Board approve the Cooperative Agreement for the subject project at an estimated cost of $58,000. As part of the project, the District will pursue grant funding from MWDOC under its turf replacement program to offset part of the construction cost. 4.3. Board of Director Non - Member Attendance at Committee Meetings Mr. Conklin recalled that this issue was discussed at the January 9, 2014 Board meeting and the Board asked that it be considered again by the EAO Committee and brought back to the Board with a formal recommendation. The EAO Committee, legal counsel and staff discussed the pros and cons of various options. At the conclusion of the discussion, the Committee recommended that there be no change in the current process regarding attendance by Directors at committee meetings. This recommendation will be brought to the Board for consideration. 5. DISCUSSION ITEMS CONTINUED 5.1. Status of Legislative Affairs (Continued) This item continued with the review and discussion of the memo titled Final Report on 2013 Legislative Bills, as prepared by Kidman Law for the District. This was an information item with no action. 5.2. Director Attendance as Observers at OCSD Meetings (Verbal Report) This item was discussed at the January 9, 2014 Board meeting and returned to the EAO Committee for further consideration. In the ensuing discussion, it was noted that the YLWD director attending would be doing so as an observer and not as an OCSD director. As such, the YLWD director attending would be eligible for the YLWD daily stipend, if the attendance was approved by the YLWD Board. President Kiley indicated that he will take this to the January 23, 2014 Board meeting with the 2 recommendation that he be the YLWD director attending as an observer. He also noted that he will recommend that Director Hawkins be designated as a representative to the Finance - Accounting Committee replacing President Kiley, as a means to address scheduling conflicts. In the ensuing discussion, there was no opposition or concern expressed for the recommended changes to the committee representation. 5.3. Committee Activities Recap and Forward Planning Objectives Mr. Conklin recalled that at the first meeting of a committee with new director representation, that staff provides a summary of the items discussed and considered in the last calendar year in that committee. The summary report was reviewed by the Committee with no comments. 5.4. Status of Sage and Esperanza Hills Development Projects (Verbal Report) Mr. Conklin recalled that the draft EIRs for the two proposed projects are available for public review and comment, and that the comment letter from the District for the Sage Project has been sent to the County. He summarized the discussion at the January 10, 2014 meeting he attended with staff of various County departments regarding the Sage project, and noted that he will be attending the January 16, 2014 community meeting for the Esperanza Hills project 5.5. Status of Joint Agency Meetings with City of Placentia and City of Yorba Linda (Verbal Report) Mr. Conklin noted that the meeting with Yorba Linda has been tentatively scheduled for February 25, 2014 and that he has contacted Troy Butzlaff at Placentia for dates for the Placentia meeting. 5.6. Status of Efforts to Obtain SDLF District of Distinction Accreditation The Committee reviewed the major tasks listed on the agenda report necessary to achieve the above accreditation. The Committee asked that this item be brought to the Board for discussion and to determine if the Board wishes to confirm its commitment to proceed with this effort. 5.7. Status of Strategic Plan Initiatives The status of the above initiatives was reviewed. It was acknowledged that the strategic plan needs to be updated, and that will be a task for the new general manager. 5.8. Future Agenda Items and Staff Tasks None. The Committee adjourned to Closed Session at 5:15 p.m. Directors Kiley and Collett were present. Also present were Messrs. Conklin and Kidman. K 6. CLOSED SESSION 6.1. 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) 6.2. 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- 800001529) 6.3. 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 6.4. 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 6.5. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment The Committee reconvened in Open Session at 5:30 p.m. Director Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 12 7. ADJOURNMENT 7.1. The meeting was adjourned at 5:31 p.m. The next Executive - Administrative- Organizational Committee meeting is scheduled to be held Tuesday, February 10, 2014 at 4:00 p.m. 0 Meeting Date Subject: ATTACHMENTS: ITEM NO. 10.3 January 23, 2014 Name: 011414 PRM - Minutes.doc AGENDA REPORT Personnel -Risk Management Committee Hawkins / Melton Minutes of meeting held January 14, 2014 at 4:00 p.m. • Meeting scheduled February 11, 2014 at 4:00 p.m. Description: PRM Mtg Minutes 01/14/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PERSONNEL -RISK MANAGEMENT COMMITTEE MEETING Tuesday, January 14, 2014 4:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4 The January 14, 2014 meeting of the Yorba Linda Water District's Personnel - Risk Management Committee was called to order by Director Hawkins at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE MEMBERS PRESENT Director Phil Hawkins, Chair Director Gary T. Melton PUBLIC COMMENTS None. DISCUSSION ITEMS STAFF PRESENT Steve Conklin, Acting General Manager Gina Knight, HR and Risk Manager 4.1. Summary of 2013 Personnel -Risk Management Committee Accomplishments The Personnel -Risk Management (PRM) Committee members reviewed the Summary of PRM accomplishments for the 2013 calendar year. The Committee members did not have any additional questions. 4.2. Status of Emergency Preparedness Plan (Verbal Report) Staff discussed the Status of the Emergency Preparedness Plan and the current effort to form an employee committee to further develop our preparedness. Staff informed the Committee that the future Associate Engineer will take the lead role and work with the employee committee members to prepare and train District employees for emergencies. 4.3. Status of Performance Evaluations (Verbal Report) The Committee members were pleased to see the great improvement of completed and timely performance evaluations as well as the informative report created and maintained by Bryan Melton the District's Human Resources Technician. 4.4. Status of Assessment of Job Descriptions and Titles (Verbal Report) Staff informed the Committee members on the status of this project. Staff will be reviewing the job descriptions for the Customer Service division. The Committee discussed the idea of hiring a consultant to revise and 1 update all of the District's present job descriptions. The Committee's Chair, Director Hawkins expressed his desire for this to be a goal for completion in 2014. 4.5. Status of Policies and Procedures (Verbal Report) Staff updated the Committee on the status of the District's Employee Time -Off Request Policy. The Employee's Association reviewed the policy and proposed several changes. The District's Employment Law and Labor Relations attorney will review the proposed changes and prepare a response for the District. 4.6. Human Resources, Risk Management, and Safety Activity Staff reported on the following recruitments: Records Management Specialist closed January 7, 2014, Sr. Accountant closed January 9, 2014, Associate Engineer will close January 23, 2014 and Customer Service Representative will close January 19, 2014. 4.7. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 5:45 p.m. The next Personnel -Risk Management Committee meeting is scheduled to be held Tuesday, February 11, 2014 at 4:00 p.m. 2 Meeting Date Subject: ATTACHMENTS: ITEM NO. 10.4 AGENDA REPORT January 23, 2014 Planning- Engineering- Operations Committee Melton / Beverage Minutes of meeting held January 6, 2014 at 12:30 p.m. • Meeting scheduled February 4, 2014 at 4:00 p.m. Name: 010614 - PEO Minutes.docx Description: PEO Mtg Minutes 01/16/14 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PLANNING - ENGINEERING - OPERATIONS COMMITTEE MEETING Monday, January 6, 2014,12:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4. The January 6, 2014 meeting of the Yorba Linda Water District's Planning - Engineering- Operations Committee was called to order by Director Melton at 12:30 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE MEMBERS PRESENT Director Gary T. Melton, Chair Director Michael J. Beverage PUBLIC COMMENTS None. DISCUSSION ITEMS STAFF PRESENT Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Joe Polimino, Construction Supervisor 4.1. Anticipated Change Order on 2012 Pipeline Replacement Project Mr. Conklin reported that work has started on the "bore and jack" segment of the pipeline installation into the Yorba Linda Country Club. Approximately 65 -feet of pilot tube was bored when a large obstruction, probably a rock, was encountered. Work has stopped while staff considers alternative means to proceed. Mr. Conklin and Mr. Polimino discussed the situation and various options that will be considered in a meeting on January 9, 2014 with the design consultant, the construction contractor and District staff. Mr. Conklin indicated that he will keep the Committee apprised of the situation, and will bring recommendations to the Board for consideration. At the completion of this item, Mr. Polimino departed from the meeting. 4.2. Project Recap and Forward Planning for Engineering Department Mr. Conklin reviewed the above document with the Committee, discussing projects in 2013 that completed construction, reports completed, projects currently in construction, and those in planning and design. Included for each was the estimated schedule and cost. This was followed by a discussion of Forward Planning Objectives for 2014 +. 1 4.3. Status of OCWD Annexation Process (Verbal Report) Mr. Conklin reported that there are no new developments, and that the process is going though LAFCO at this time, with approval hoped for this spring. 4.4. Status of Cielo Vista and Esperanza Hills Development Projects (Verbal Report) Mr. Conklin reported that both projects have draft EIRs out for public comment, with the comment period ending for Cielo Vista and Esperanza on January 22, and February 3, 2014, respectively. He described the meeting that President Kiley and he had with Supervisor Spitzer on December 23, 2013, to discuss the two projects. 4.5. Response to Draft EIR for Cielo Vista Project Mr. Conklin reviewed the draft response letter from the District to the County with the District's comments on the draft EIR for Cielo Vista Project. He noted that the County had just extended the close of the comment period from January 7 -22, 2014. As such, he will withhold sending the District's response until January 21, 2014, in case there are other developments that could impact the response letter. 4.6. Project Recap and Forward Planning for Operations Department Mr. DeCriscio provided a report to the Committee on maintenance and operations activities completed in 2013 for the Operations Department. Included was a summary of District assets and maintenance and repair work performed by staff in the Fire Hydrant Section, Valve Section, Leak Section, and Sewer Collections Section. He also described services performed by the Production Division and the Mechanical Services Division. 4.7. Monthly Groundwater Production and Import Water Report Mr. DeCriscio reported that water production for December was 13.6% more than projected, due to continuing warm and dry weather. For July through December, demand is cumulatively 4.9% over the projection. Groundwater production was 57.9% for December, and cumulatively 47.1 % for the FY to date, as we work to achieve our groundwater BPP of 51.8 %. 4.8. Monthly Preventative Maintenance (PM) Report Mr. DeCriscio reported on PM to date, noting that our crews are on target to achieve PM goals for the year. 4.9. Monthly Production Summary Report Mr. DeCriscio reviewed the above report with the Committee, describing water production, weather conditions, water quality, equipment taken out and restored to service, well gas- engine utilization, and after -hours response calls. 2 4.10. Groundwater Producer Meeting Notes Messrs. Conklin and DeCriscio reported on the subject meeting on December 11, and items discussed at OCWD. 4.11. Status Report on Capital Projects in Progress Mr. Conklin reported on the status of capital projects currently in planning, design and construction. 4.12. Status of Strategic Plan Initiatives Mr. Conklin reported on the status of strategic plan initiatives relating to engineering and operations. 4.13. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 2:55 p.m. The next Planning-Engineering- Operations Committee meeting is scheduled to be held Thursday, February 6, 2014 at 4:00 p.m. K Meeting Date Subject: ATTACHMENTS: AGENDA REPORT January 23, 2014 Public Affairs - Communications - Technology Committee Collett / Hawkins Minutes of meeting held January 6, 2014 at 4:00 p.m. • Meeting scheduled February 3, 2014 at 4:00 p.m. Name: 010614 PACT - Minutes.docx Description: PACT Mtg Minutes 01/06/14 ITEM NO. 10.5 Type: Minutes MINUTES OF THE YORBA LINDA WATER DISTRICT PUBLIC AFFAIRS - COMMUNICATIONS - TECHNOLOGY COMMITTEE MEETING Monday, January 6, 2014, 4:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. 3 4. The January 6, 2014 meeting of the Yorba Linda Water District's Public Affairs - Communications- Technology Committee was called to order by Director Collett at 4:00 p.m. The meeting was held in the Admin Conference Room at the District's Administration Building located at 1717 East Miraloma Avenue in Placentia, California 92870. ROI I CAI I COMMITTEE MEMBERS PRESENT Director Ric Collett, Chair Director Phil Hawkins PUBLIC COMMENTS None. DISCUSSION ITEMS STAFF PRESENT Steve Conklin, Acting General Mgr Art Vega, Acting IT Manager Damon Micalizzi, Public Information Officer 4.1. Committee Activities Review and Future Objectives for IT The Committee reviewed the subject report. After a brief discussion, the Committee questioned the need to bring copier lease agreements to this Committee indicating that it was within staff's authority to approve the amounts of the lease. The Committee recommended that staff no longer needs to bring similar such agreements to this Committee that are within staff's purchasing limit for approval. 4.2. Status of Dynamics GP HR Consultant (Verbal Report) Mr. Vega reported on the status of work for the Human Resources module of the Dynamics GP software. A decision was made to hold -off entering the data manually for position control since this data already resides on the District's NeoGov web service. Staff will be looking into a way to transfer this information from the NeoGov website to the District's Dynamics GP HR software module, thus eliminating the current need to manually enter this data. 1 4.3. Dynamics GP Upgrade Status (Verbal Report) Mr. Vega informed the Committee that the Dynamics GP Upgrade had gone well and all modules had been upgraded successfully. All Departments impacted, Finance, HR and Engineering /Water Quality, have reported no further upgrade issues. Mr. Vega further commented that the only item remaining was to convert financial reports to the new reporting software. 4.4. Committee Activities Review and Future Objectives for Public Affairs The Committee reviewed the report, with staff noting that the educational kiosk display had stalled due to the departure of the employee who was creating the display. The Committee briefly discussed options for the lobby in lieu of the kiosk. 4.5. Future Outreach and Press Relations (Verbal Report) Mr. Micalizzi updated the Committee on current press inquiries and potential upcoming media related to the District. 4.6. Status of Current Public Outreach Activities The Committee reviewed the upcoming Public Outreach Activities, noting that supply is scheduled to meet demand at the present rate for donation requests. 4.7. Portable Water Tanks for Emergency and Community Events (Verbal Report) Mr. Micalizzi updated the Committee that the Water Tanks, ordered had arrived, giving the District the ability to move 1,000 gallons of potable water via pickup truck. 4.8. Bottled Water Label Contest (Verbal Report) Mr. Micalizzi updated the Committee on this year's Bottled Water Label Contest, noting that the School District had yet to agree to disseminate the contest info on the YLWD's behalf. Director Collett offered to call a contact at PYLSD to assist in that matter. 4.9. Draft Winter Newsletter The Committee reviewed the Draft Winter Newsletter and approved the piece for print. 4.10. Future Agenda Items and Staff Tasks None. 5. ADJOURNMENT 5.1. The meeting was adjourned at 4:40 p.m. The next Public Affairs - Communications- Technology Committee meeting is scheduled to be held Monday, February 3, 2014 at 4:00 p.m. 04 Meeting Date Subject: ATTACHMENTS: AGENDA REPORT January 23, 2014 Meetings from January 24, 2014 - February 28, 2014 ITEM NO. 12.1 Description: Type: BOD - Activities Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance by: January 2014 Citizens Advisory Committee Meeting Mon, Jan 27 8:30AM Kiley Finance - Accounting Committee Meeting Mon, Jan 27 4:OOPM / Joint Committee Meeting with MWDOC and OCWD Tue, Jan 28 4:OOPM Kiley /Beverage Yorba Linda Planning Commission Wed, Jan 29 6:30PM Melton ISDOC Thu, Jan 30 11:30AM Hawkins Board of Directors Special Meeting Thu, Jan 30 1:30PM February 2014 Pub Affairs - Communications -Tech Committee Meeting Mon, Feb 3 12:OOPM Collett/Hawkins Planning- Engineering- Operations Committee Meeting Tue, Feb 4 4:OOPM Melton /Beverage Yorba Linda City Council Tue, Feb 4 6:30PM Collett MWDOC Wed, Feb 5 8:30AM Melton OCWD Wed, Feb 5 5:30PM Collett MWDOC Water Policy Forum Thu, Feb 6 5:30PM Collett/Kiley /Hawkins /Melton WACO Fri, Feb 7 7:45AM Kiley /Hawkins Exec - Admin- Organizational Committee Meeting Mon, Feb 10 4:OOPM Kiley /Collett Personnel -Risk Management Committee Meeting Tue, Feb 11 4:OOPM Hawkins /Melton LAFCO Wed, Feb 12 8:30AM Beverage Yorba Linda Planning Commission Wed, Feb 12 6:30PM Beverage Board of Directors Regular Meeting Thu, Feb 13 8:30AM Yorba Linda LMAD CAC Thu, Feb 13 6:30PM Beverage District Offices Closed Mon, Feb 17 7:OOAM Yorba Linda City Council Tue, Feb 18 6:30PM Kiley UWI Spring Water Conference Wed, Feb 19 8:OOAM Kiley MWDOC Wed, Feb 19 8:30AM Melton OCWD Wed, Feb 19 5:30PM Collett UWI Spring Water Conference Thu, Feb 20 8:OOAM Kiley UWI Spring Water Conference Fri, Feb 21 8:OOAM Kiley Citizens Advisory Committee Meeting Mon, Feb 24 8:30AM Kiley Finance - Accounting Committee Meeting Mon, Feb 24 4:OOPM / Joint Committee Meeting with City of Yorba Linda Tue, Feb 25 6:OOPM Kiley /Collett Yorba Linda Planning Commission Wed, Feb 26 6:30PM Melton Board of Directors Regular Meeting Thu, Feb 27 8:30AM Yorba Linda LMAD CAC Thu, Feb 27 6:30PM Collett 1/17/2014 11:53:49 AM AGENDA REPORT Meeting Date: January 23, 2014 ITEM NO. 13.1 Subject: WEF Lower Colorado River Tour - February 26 -28, 2014 STAFF RECOMMENDATION: That the Board of Directors authorize Director attendance at this event if desired. ATTACHMENTS: Description: WEF Lower CO River Tour.pdf Backup Material Type: Backup Material Travel Option for Lower Colorado River Tour We are offering a travel option for those of you with concerns about out -of -state travel. The tour begins in Las Vegas and ends at California's Ontario Airport. You now have the option to begin and end the tour in Ontario. At 10:45 AM on Tuesday, February 25th, leave from Ontario via our tour bus and arrive in Las Vegas that evening, the night before the tour starts. The additional bus travel is no charge. Park your car at the DoubleTree by Hilton Hotel Ontario Airport and be delivered back there at the end of the tour. The hotel is located at: 222 North Vineyard Avenue, Ontario, California, 91764 -4431 Please note: after departure from Ontario the only destination will be the Embassy Suites Hotel in Las Vegas at 3600 Paradise Road. If you are staying at another destination, you will be responsible for your transportation once the bus arrives. Bottled water and movies will be provided on the bus but please bring your own food. For more information, contact Renee Cashmere: rcashmere@watereducation.org To learn more about the tour... Join Us on the Lower Colorado River Tour The Foundation's February 26 -28 Lower Colorado River Tour is a great opportunity to delve into the key issues and see the physical area firsthand. Travel along the Colorado River from Hoover Dam to the Salton Sea and through the Coachella Valley and Indian Tribal Lands. Included is a private tour of Hoover Dam. Hear from top Arizona, California and Nevada officials and stakeholders on their outlook for the future, including their views on the Bureau of Reclamation's Colorado River Basin Water Supply and Demand Study, and the U.S.- Mexico Minute 319. Registration fee for this three -day, two -night tour is $745 for one person, single occupancy room or $645 each for two people sharing a room. Register four or more people from the same organization for $575 each. To access our secure registration form... Water Education Foundation email: feed back(a)watereducation.org phone: 916 - 444 -6240 web: http: / /www.watereducation.org