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HomeMy WebLinkAbout2014-10-21 - Board of Directors Meeting Minutes2014 -193 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, October 21, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 CALL TO ORDER The October 21, 2014 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Kiley 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 Kiley led the pledge. 3. ROLL CALL DIRECTORS PRESENT Robert R. Kiley, President Ric Collett, Vice President Michael J. Beverage Phil Hawkins Gary T. Melton STAFF PRESENT Marc Marcantonio, General Manager Steve Conklin, Engineering Manager John DeCriscio, Operations Manager Gina Knight, Human Resources I Risk Manager Delia Lugo, Finance Manager Damon Micalizzi, Public Information Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Anthony Manzano, Sr. Project Manager Brian Vargas, Sr. Maintenance Distribution Operate ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Eddy Beltran, Partner, Kidman Law LLP Connie Almond, Attorney, Liebert Cassidy Whitmore 4. ADDITIONS /DELETIONS TO THE AGENDA Mr. Marcantonio stated that there were no additions to the agenda but he'd like to request that the Board of Directors consider taking Action Calendar Item No. 8.3. and Closed Session Item No. 14.1. immediately following Special Recognition in order to accommodate the attendance of labor counsel. He also stated that Closed Session Item No. 14.2. was no longer needed. Director Collett made a motion, seconded by Director Hawkins, to approve taking Item Nos. 8.3. and 14.1. out of order. Motion carried 5 -0. 2014 -194 5. PUBLIC COMMENTS None. 6. SPECIAL RECONGNITION 6.1. Introduce Brian Vargas, Newly Promoted to Senior Maintenance Distribution Operator Mr. DeCriscio introduced Mr. Vargas and provided the Board with an overview of his background and previous work experience. The Board and audience applauded Mr. Vargas on his accomplishment. Mr. Vargas left the meeting at this time. 8. ACTION CALENDAR 8.3. Identification of Agency Designated Representative(s) for Labor Negotiations Mr. Marcantonio explained that staff was recommending the Board of Directors designate Gina Knight, Human Resources /Risk Manager, and Connie Almond, from Liebert Cassidy Whitmore to serve as the District's designated representatives for labor negotiations with the Yorba Linda Water District Employees Association. Director Beverage made a motion, seconded by Director Hawkins, to designate Gina Knight, Human Resources /Risk Manager, and Connie Almond, Attorney, Liebert Cassidy Whitmore, as the Districts designated representatives for labor negotiations with the Yorba Linda Water District Employees Association. Motion carried 5 -0. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 8:38 a.m. All Directors were present. Also present was Mr. Marcantonio, Mrs. Knight and Ms. Almond. 14.1. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Gina Knight, Human Resources /Risk Manager Connie Almond, Attorney, Liebert Cassidy Whitmore Employee Organization: Yorba Linda Water District Employees Association 2 2014 -195 The Board reconvened in Open Session at 9:04 a.m. President Kiley reported that no action was taken during Closed Session that was required to be reported under the Brown Act. Ms. Almond left the meeting at this time. 5. PUBLIC COMMENTS CONTINUED Director Barbre addressed the Board and presented the District with a refund check in the approximate amount of $16,173. He explained that MWDSC had been overcharging for its water deliveries due to a meter over - register. He then briefed the Board regarding the drought and its effect on the current water supply situation. He also noted that Mr. Marcantonio and other management staff would be participating in a tour of the Diemer Water Treatment Plant the next day. 7. CONSENT CALENDAR Director Hawkins requested to remove Item No. 7.4. from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director Collett, to approve the remainder of the Consent Calendar. Motion carried 5 -0. 7.1. Minutes of the Board of Directors Regular Meeting held September 25, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,601,768.07. 7.3. Purchase of an Annual EADOC Project Management System Subscription for the Fairmont Booster Pump Station and other YLWD Projects Recommendation: That the Board of Directors approve the purchase of an annual EADOC Project Management System subscription for the Fairmont Booster Pump Station Project and other YLWD Projects in the amount of $6,100. 3 2014 -196 7.5. Amendment No.1 to Professional Services Agreement for Fairmont Booster Station Upgrade Project Recommendation: That the Board of Directors approve Amendment No. 1 to the PSA with MWH, in the amount of $59,000, for additional engineering services for the Fairmont Booster Station Upgrade Project, increasing the total fee from $549,584 to the new total of $608,584, for engineering design, bid -phase services, and services during construction. 7.6. Amendment No. 2 to the Professional Services Agreement (PSA) with CpM Smith, Inc. for Hydrogeologic Services for Well No. 21 Recommendation: That the Board of Directors approve Amendment No. 2 to the PSA with CDM Smith, Inc. in the amount of $9,785, which will increase the contract amount of $128,360 to a total revised contract amount not to exceed $138,145. 7.7. Authorization to Reject Bids for Richfield Gate Modifications and Readvertise with Richfield Campus Spoils Project Recommendation: That the Board of Directors authorize to reject all bids for the Richfield Gate Modifications Project and readvertise with Richfield Campus Spoils Project. 7.8. Sole- Source Justification for Vactor Manufacturing Recommendation: That the Board of Directors authorize the sole - source of Vactor Manufacturing for the purchase of the District's combination sewer cleaning vehicle. 7.9. Claim Filed by William P. Austell, Jr. Recommendation: That the Board of Directors reject the claim and refer it to ACWA/JPIA. 7.10. Claim Filed by Brett M. Murdock, Esq. on Behalf of Sharla Worth Recommendation: That the Board of Directors reject the claim and refer it to ACWA/JPIA. 7.11. Claim Filed by Hari Soeharjono Recommendation: That the Board of Directors reject the claim and refer it to ACWA/JPIA. 0 2014 -197 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.4. Brand Name Requirement for Fairmont Booster Station Upgrade Project Mr. Conklin explained that staff had determined that several key design components and manufactured parts were desired from specific suppliers in order to match products already in the District's water distribution system. Legal counsel informed staff that a brand -name requirement cannot be used unless determined by the Board pursuant to Public Contract Code Section 3400. Director Hawkins made a motion, seconded by Director Collett to approve the brand name requirement for the Fairmont Booster Station Upgrade Project for the items as specified. Motion carried 5 -0. Mr. Manzano left the meeting at this time. 8. ACTION CALENDAR CONTINUED 8.1. Resolution in Support of Proposition 1 Mr. Marcantonio explained that Proposition 1, if approved, would provide much needed funding for water related projects that would benefit Orange County. As such, staff is requesting that the Board consider adopting a Resolution in support of this proposed legislation. The Board then briefly discussed the matter. Director Beverage made a motion, seconded by Director Hawkins, to approve Resolution No. 14 -15 In Support of Proposition 1, the Water Quality Act, Supply and Infrastructure Improvement Act of 2014. Motion carried 5 -0 on a Roll Call Vote. 8.2. Amendments to the District's Conflict of Interest Code and Reaffirmation of the District's Ethics Policy Mr. Marcantonio explained that the Political Reform Act requires every local government agency to review its Conflict of Interest Code on a biennial basis. Staff recently reviewed the District's Code and identified a few minor revisions including the addition of the position of Senior Fleet Mechanic and the renaming and reclassification of the Public Information officer position to Public Information Manager. No amendments are required for the Public Financing Corporation's Conflict of Interest Code at this time. Mr. Marcantonio further explained that the District's Ethics Policy contains comprehensive rules and procedures relative to the conduct of Board members and District employees, above and beyond the Conflict of Interest Code. In the spirit of encouraging the highest standards of ethics, personal honesty, fairness and transparency, staff felt that it would be 5 2014 -198 beneficial for the Board to consider reaffirming the policies set forth in Resolution No. 10 -05. Following action taken by the Board, a copy of both these resolutions will be distributed to all affected employees for review and formal acknowledgement. Director Beverage made a motion, seconded by Director Collett, to approve Resolution No. 14 -16 Adopting a Conflict of Interest Code which Supersedes all Prior Conflict of Interest Codes and Amendments Previously Adopted. Motion carried 5 -0 on a Roll Call Vote. Director Beverage made a motion, seconded by Director Collett, to reaffirm the policies set forth in Resolution No. 10 -05 Adopting Rules and Procedures Relative to the Conduct of Board Members and District Employees. Motion carried 5 -0. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report President Kiley reported that he had attended a function during which Ms. Almond was introduced as a new partner at Liebert Cassidy Whitmore. Ms. Almond will be replacing Mr. Richard Kriesler due to his retirement. ■ CASA Funding Opportunities Seminar - October 16, 2014 President Kiley reported on his attendance at this seminar and noted that he would be forwarding relevant information on to Mr. Conklin. 9.2. Directors' Reports ■ OCWD Water Supply Series - October 14, 2014 (Collett) Director Collett reported on his attendance at this event and briefly commented on Proposition 1. Director Barbre left the meeting at this time. 9.3. General Manager's Report Mr. Marcantonio reported on his activities and meetings with staff. He noted that he had accepted an award on behalf of the District from CALAFCO recognizing YLWD's leadership efforts during the annexation process to OCWD. Each of the Managers then took turns reporting on activities within their respective departments. E 2014 -199 9.4. General Counsel's Report Mr. Beltran briefly commented on AB 1728 which was defeated but would have barred elected water board members throughout the state from accepting campaign contributions of more than $250 from donors with business pending before their boards. The bill would also would have required water board members to abstain from voting if they have accepted such a donation in the previous year. ACWA opposed this bill which was then subsequently vetoed by Governor Brown. Mayor Pro Tem Hernandez left the meeting at this time 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive - Administrative - Organizational Committee (Kiley / Collett) ■ Minutes of the meeting held October 13, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held November 10, 2014 at 4:00 p.m. 10.2. Finance - Accounting Committee (Hawkins / Beverage) ■ Next meeting is scheduled to be held October 27, 2014 at 4:00 p.m. 10.3. Personnel -Risk Management Committee (Hawkins / Melton) ■ Minutes of the meeting held October 14, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held November 12, 2014 at 4:00 p.m. 10.4. Planning- Engineering- Operations Committee (Melton / Beverage) ■ Minutes of the meeting held October 8, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held November 4, 2014 at 4:00 p.m. 7 2014 -200 10.5. Public Affairs - Communications - Technology Committee (Collett / Kiley) ■ Minutes of the meeting held October 6, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held November 3, 2014 at 4:00 p.m. 10.6. YLWD -City of Placentia Joint Agency Committee (Beverage / Melton) ■ Next meeting is scheduled to be held November 10, 2014 at 10:00 a. m. 10.7. YLWD -City of Yorba Linda Joint Agency Committee (Kiley / Collett) ■ Next meeting is scheduled to be held October 28, 2014 at 5:00 p.m. 10.8. YLWD - MWDOC -OCWD Joint Agency Committee (Kiley / Beverage) ■ Next meeting is scheduled to be held November 25, 2014 at 4:00 p.m. 10.9. Citizens Advisory Committee (Kiley) ■ Next meeting is scheduled to be held October 27, 2014 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL LMCAC - October 9, 2014 (Beverage) Director Collett attended and commented on a HOA question and answer session which was held during the meeting. 11.2. MWDOC Board - October 15, 2014 (Melton) Director Melton attended and noted that MWDOC's Board had voted in support of Director Larry McKinney's efforts to serve on ACWA's Region 10 Board of Directors. 11.3. OCWD Board - October 15, 2014 (Collett) Director Collett attended and noted that OCWD's Board had directed its staff to identify steps for managing groundwater outside its boundaries but inside DWR's boundary of Basin 8 -1 and reach out to stakeholders within E:3 2014 -201 these areas regarding the requirements of the Sustainable Groundwater Management Act. 11.4. YL Planning Commission - October 15, 2014 (Beverage) Director Beverage attended and commented on the requests for conditional use permits which were considered during the meeting. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from October 22, 2014 — November 30, 2014 The Board reviewed the activity calendar and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. OCWD Water Supply Series - (Multiple Dates) CASA Funding Opportunities Seminar - October 16, 2014 MWDOC Elected Officials' Forum - November 6, 2014 Director Hawkins made a motion, seconded by Director Collett, to authorize and /or ratify Director attendance at these events if desired. Motion carried 5 -0. 14. CLOSED SESSION CONTINUED The following Closed Session was not held. 14.2. 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 communication received by the District. Number of Potential Cases: One 15. ADJOURNMENT 15.1. The meeting was adjourned at 10:18 a.m. The next Regular Board of Directors Meeting will be held Thursday, November 13, 2014 at 8:30 a.m. nnie Alexander Assistant Board Secretary W]