Loading...
HomeMy WebLinkAbout2013-11-27 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Wednesday, November 27, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER rA 3 4. 4 2013 -224 The November 27, 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. PLEDGE OF ALLEGIANCE President Melton led the pledge. ROLL CALL DIRECTORS PRESENT Gary T. Melton, President Robert R. Kiley, Vice President Michael J. Beverage Ric Collett Phil Hawkins STAFF PRESENT Steve Conklin, Acting General Manager Gina Knight, Human Resources /Risk Manager Delia Lugo, Acting Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Gene Hernandez, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP ADDITIONS /DELETIONS TO THE AGENDA None. PUBLIC COMMENTS None. 6. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the Consent Calendar. Motion carried 5 -0. 6.1. Minutes of the Board of Directors Regular Meeting held November 14, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 1 7. 2013 -225 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $910,504.19. 6.3. Progress Payment No. 7 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 7 in the net amount of $261,053.64 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 - 17B. 6.4. Terms and Conditions for Sewer Service with David Dickinson, 5111 Los Altos Drive Recommendation: That the Board of Directors approve the Terms and Conditions for Sewer Service with Mr. David Dickinson, 5111 Los Altos Drive, Yorba Linda, Job 201316. 6.5. Declaration of Restrictive Covenants for 18171 Imperial Highway Recommendation: That the Board of Directors authorize the President and Secretary to execute the Declaration of Restrictive Covenants with the Harold and Elsie Q. Gelber Trust, c/o Daniel H. Wampole, Trustee for The Fresh Market. ACTION CALENDAR 7.1. Request to Support a Floor Nomination of Director Kathleen J. Tiegs for the Office of Vice- President in the Upcoming Association of California Water Agencies (ACWA) Mr. Conklin explained that the District had received a request to support a floor nomination of Kathleen J. Tiegs for the office of Vice - President in the upcoming ACWA Election of Officers to be held at the general session of the ACWA Fall Conference in Los Angeles on December 4, 2013. Director Kiley reported that the Executive- Administrative- Organizational Committee had discussed this matter at its meeting held November 22, 2013 and concurred with staff's recommendation to support the floor nomination. Director Beverage made a motion, seconded by Director Hawkins, to approve Resolution No. 13 -17 Supporting the Nomination of Director Kathleen Tiegs as ACWA Vice - President. Motion carried 5 -0 on a Roll Call vote. 2 8. 2013 -226 7.2. Amendment to ISDOC Bylaws Mr. Conklin explained that some recent changes in legislation and other governance - related matters had prompted the development of suggested modifications to the ISDOC Bylaws. The proposed amendments have been through multiple rounds of review and are now being presented to the member Districts for approval. Director Kiley reported that the Executive - Administrative - Organizational Committee had reviewed the proposed changes at its most recent meeting and determined that there were no issues. Director Kiley made a motion, seconded by Director Collett, to approve the proposed amendments to the ISDOC Bylaws. Motion carried 5 -0. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report President Melton announced that he would like to form an ad hoc committee to review the Acting General Manager's salary and then make a recommendation to the Board of Directors. Directors Hawkins and Collett were then appointed to serve on the committee. 8.2. Directors' Report ■ CSDA Special District Leadership Academy Conference — November 17 -20, 2013 (Melton) President Melton briefly reported on his attendance at this conference and the topics discussed. The Director's then wished everyone a Happy Thanksgiving, 8.3. Acting General Manager's Report Mr. Conklin stated that he was pleased to announce that Mrs. Lugo had been appointed as the District's Finance Manager effective today. Mrs. Lugo has been serving as the Acting Finance Manager since July. In addition, Mrs. Tiffany Nguyen has been appointed to the position of Senior Accountant. Mrs. Nguyen has been serving in this position on a limited term basis. The Board congratulated Mrs. Lugo and Mrs. Nguyen on their appointments. Mr. Conklin further reported that the OCWD annexation process continues to move forward and the associated LAFCO application is in the process of being completed. The draft Environmental Impact Report (EIR) for the Cielo Vista Project was released for public comment through January 7, 2014, Mr. Conklin also recently spoke with a County representative to discuss both the Cielo Vista and Esperanza Hills projects. During this conversation he confirmed that the District's requirements for water service for the two proposed developments remains the same. The draft EIR for the Esperanza Hills Project is expected to be released shortly. Construction work is continuing on schedule for the 2012 Pipeline Replacement Project as well as for the 3 2013 -227 Yorba Linda Booster Station Project. Construction work for the discharge structure into OCWD's Conrock Basin for Well 21 has been completed. The Notice of Completion for this project will be presented to the Board at the next regular meeting. Mr. Conklin then concluded his report by saying that staff's international potluck lunch had been a success and that he wished everyone a pleasant Thanksgiving holiday. 8.4. General Counsel's Report Mr. Kidman commented on the formation of an ad -hoc committee to discuss the Acting General Manager's salary. He advised that this matter would need to be discussed in open session when it is presented to the Board for consideration. Mr. Kidman then briefly commented on ACWA's position related to the Bay Delta Action Plan and noted that the Closed Session would not be required during this meeting. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive - Administrative - Organizational Committee (Melton /Kiley) ■ Minutes of the meeting held November 22, 2013 at 12:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held December 17, 2013 at 4:00 p.m. 9.2. Finance - Accounting Committee (Hawkins /Melton) ■ Minutes of the meeting held November 25, 2013 at 12:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held December 16, 2013 at 12:00 p.m. 9.3. Personnel -Risk Management Committee (Collett/Beverage) ■ Minutes of the meeting held November 12, 2013 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held December 3, 2013 at 4:00 p.m. 4 2013 -228 9.4. Planning- Engineering- Operations Committee (Kiley /Hawkins) ■ Minutes of the meeting held November 13, 2013 at 2:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held December 10, 2013 at 8:30 a. m. 9.5. Public Affairs - Communications- Technology Committee (Beverage /Collett) ■ Next meeting is scheduled to be held December 2, 2013 at 4:00 p.m. 9.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage /Hawkins) ■ Meeting held November 19, 2013 at 4:00 p.m. Director Beverage noted that following additional revisions, the draft study would be presented to the Board for review and discussion at a special Board meeting scheduled December 19, 2013 at 2:00 p.m. ■ Next meeting to be scheduled. 9.7. YLWD -City of Placentia Joint Agency Committee (Melton /Hawkins) ■ Minutes of the meeting held October 14, 2013 at 9:30 a.m. will be provided at the next regular Board meeting. ■ Next meeting to be scheduled. 9.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley /Beverage) ■ Next meeting is scheduled to be held December 18, 2013 at 6:00 p.m. 9.9. YLWD - MWDOC -OCWD Joint Agency Committee (Beverage /Melton) ■ Minutes of the meeting held November 26, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held January 28, 2014 at 4:00 p.m. 5 2013 -229 9.10. Citizens Advisory Committee (Beverage) ■ Minutes of the meeting held November 25, 2013 at 8:30 a.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held December 16, 2013 at 8:30 a. m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council —November 19, 2013 (Collett) Director Collett attended and commented on the Town Center, Chamber of Commerce and Transportation Corridor Agencies updates which were provided at the meeting. 10.2. MWDOC Board — November 20, 2013 (Melton) Director Melton was unable to attend this meeting due to a schedule conflict. 10.3. OCWD Board — November 20, 2013 (Kiley) Director Kiley attended and did not have and District related business to report. 10.4. Yorba Linda LMAD CAC — November 21, 2013 (Kiley) Director Kiley attended and confirmed that the Committee was still in need of utilizing the District's facilities for one or more of its meetings in January. Councilmember Hernandez addressed the Board and requested that the YLWD /City of Yorba Linda Joint Agency Committee meeting on December 18, 2013 be rescheduled to a future date. A tentative date of January 15, 2014 was discussed. Director Beverage asked if Director Kiley might be able switch his attendance at the Yorba Linda LMAD CAC meeting on December 12, 2013 as he would be attending the CRWUA Conference that day. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from December 1, 2013 —January 31, 2014 The Board reviewed the activity calendar and made no changes. 0 12. 13. 2013 -230 CONFERENCES, SEMINARS, AND SPECIAL EVENTS 12.1. UWI Spring Conference — February 19 -21, 2014 ACWA Washington DC Conference — February 25 -27, 2014 WEF Sea to Sierra Water Tour — April 10 -11, 2014 Director Collett made a motion, seconded by Director Kiley, to authorize Director attendance at these events if desired. Motion carried 5 -0. CLOSED SESSION (There was no Closed Session held during this meeting.) 13.1. 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) 13.2. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim vs. Ana J. Matosantos, et al. (Superior Court of CA, Sacramento — Case No. 34- 2013- 80001529) 13.3. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 13.4. Conference with Legal Counsel — Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One 7 2013 -231 13.5. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager 14. ADJOURNMENT 14.1. The meeting was adjourned at 9:07 a.m. A special Board of Directors Meeting has been scheduled Thursday, December 5, 2013 at 3:00 p.m. The next Regular Board of Directors Meeting will be held Thursday, December 12, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary f✓.�