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HomeMy WebLinkAbout2014-01-09 - Board of Directors Meeting Minutes2014 -001 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 9, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 9, 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 Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources /Risk Manager Delia Lugo, Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP 4. ADDITIONS /DELETIONS TO THE AGENDA Mr. Conklin requested to add the following item to the agenda as there was a need to take immediate action on the item and the need for action came to staff's attention subsequent to the agenda being posted. He further explained that staff had received notice from the County on Monday that the review period for the EIR was being extended from January 7 to January 22, 2013. Even though the draft response was reviewed by the Planning- Engineering- Operations Committee, staff thought it would be appropriate to bring it to the Board for consideration as the original deadline had been prolonged. 7.2. Response to Draft EIR for Cielo Vista Development Project Director Beverage made a motion, seconded by Director Collett, to add Item No. 7.2. to the agenda. Motion passed 5 -0. 2014 -002 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5 -0. 6.1. Minutes of the Board of Directors Regular Meeting held December 12, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $618,447.88. 7. ACTION CALENDAR 7.1. Revised Board of Directors Committee Assignments Mr. Conklin explained that following approval of the Directors committee and intergovernmental meeting assignments at the last Board meeting, some revisions had been requested. President Kiley stated that he had made an effort to rotate the assignments while trying to accommodate everyone's preferences. Director Melton stated that he would like to make a motion to approve the committee and intergovernmental meeting assignments with the exception of the OCSD assignment. He explained that the District did not currently have a seat on the OCSD Board and that if and when that did happen, he thought a different process should be discussed and utilized by the Board to make that assignment as it was the only one that would be compensated from an outside agency. Director Beverage noted that the first 5 standing committees on the list represented each of the Districts departments and that historically, each of the 5 Directors were assigned to 2 standing committees. In the revised assignment list, Director Hawkins is assigned to 3 standing committees while Director Collet is assigned to 1. Director Hawkins clarified that it was Director Kiley that was assigned to 1 committee. Director Beverage asked that this be addressed. Director Hawkins suggested that since he had served on the Finance - Accounting Committee for the last 2 years, that he not serve on that committee for a 3rd consecutive time. Director Melton suggested that Director Kiley be assigned to this committee in Director Hawkins' place. 2 2014 -003 President Kiley stated that he agreed with the Directors' comments regarding the OCSD assignment. He suggested that it would be helpful to have a Board member serve as a liaison and attend the OCSD meetings as an observer in preparation for the possibility of the District obtaining a seat on their Board. Director Hawkins suggested that it if looked like the District was going to be successful in obtaining a seat on the OCSD Board; a Director could be assigned to attend their meetings as an observer a few months before it became official. Director Kiley stated that the OCSD assignment would be omitted at this time. Director Melton made a motion, seconded by Director Hawkins, to approve the revised committee and intergovernmental meeting assignments for the 2014 calendar year. Motion carried 5 -0. 7.2. Response to Draft EIR for Cielo Vista Development Project Mr. Conklin explained that the public comment period for the draft EIR for this project had been extended from January 7 to January 22, 2014. Staff prepared a draft response that was previously reviewed by the Planning - Engineering- Operations Committee. Mr. Conklin further explained that he and President Kiley had met with Supervisor Spitzer to review the District's comments on the EIR and that he would be attending another meeting at the County to further discuss this project. Mr. Conklin then responded to questions from the Board regarding the draft response. Director Beverage made a motion, seconded by Director Hawkins, to approve the comment letter as drafted and direct staff to send it to the County. Motion carried 5 -0. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report President Kiley did not have any comments at this time. 8.2. Directors' Report Director Beverage asked about the rearrangement of the Directors' seats at the beginning of the last Board meeting. Following brief discussion, it was suggested that the Directors' seats not be switched until after the annual election of officers. 8.3. Acting General Manager's Report Mr. Conklin reported on the status of the following: the District's annexation to OCWD; the proposed Cielo Vista and Esperanza Hills development projects; the Poseidon Huntington Beach Ocean Desal project; construction work on the 2012 pipeline replacement and Yorba 3 2014 -004 Linda booster pump station projects; and the AMP shutdown. He further stated that he had been forwarded a notice from Director Hawkins regarding a public information meeting to be hosted by the developer for the Esperanza Hills project scheduled the following week. Director Hawkins asked if he would need to recuse himself from voting on the District's response to the draft EIR for the Esperanza Hills development project as he lived nearby. Mr. Kidman responded that he would be able to advise Director Hawkins regarding this matter after conducting additional research. Mr. Conklin noted that representatives from the City of Yorba Linda would not be in attendance at the meeting with the County regarding the Cielo Vista development project. Mayor Pro Tern Hernandez responded that the Council had opted not to have representation at this meeting. Mr. DeCriscio then reported on staff's preparations for the AMP shutdown and average water demands. 8.4. General Counsel's Report Mr. Kidman stated that there was no need for a Closed Session and commented on the proposed consolidation of MWDOC and OCWD and how it related to the District's annexation to OCWD. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive - Administrative - Organizational Committee ■ Next meeting is scheduled to be held January 13, 2014 at 4:00 p.m. 9.2. Finance - Accounting Committee ■ Next meeting is scheduled to be held January 27, 2014 at 4:00 p.m. 9.3. Personnel -Risk Management Committee ■ Next meeting is scheduled to be held January 14, 2014 at 4:00 p.m. 9.4. Planning- Engineering- Operations Committee ■ Minutes of the meeting held January 6, 2014 at 12:30 p.m. will be provided at the next regular Board meeting. 4 2014 -005 ■ Next meeting is scheduled to be held February 6, 2014 at 4:00 p.m. (This meeting was subsequently rescheduled to February 4, 2013 at 4:00 p.m.) 9.5. Public Affairs - Communications - Technology Committee ■ Minutes of the meeting held January 6, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held February 3, 2014 at 4:00 p.m. 9.6. Organizational and Efficiency Study Ad Hoc Committee ■ Next meeting to be scheduled. 9.7. YLWD -City of Placentia Joint Agency Committee ■ Next meeting to be scheduled. (The next meeting was subsequently scheduled to be held February 3, 2014 at 9:30 a.m.) 9.8. YLWD -City of Yorba Linda Joint Agency Committee ■ Meeting to be scheduled. 9.9. YLWD - MWDOC -OCWD Joint Agency Committee ■ Next meeting is scheduled to be held January 28, 2014 at 4:00 p.m. 9.10. Citizens Advisory Committee ■ Minutes of the meeting held December 16, 2013 at 8:30 a.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held January 27, 2014 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. YL City Council — January 7, 2014 (Collett) Director Collett attended and noted the number of public comments made regarding the recall petitions and the scheduling of a workshop meeting between the City Council and the LMCAC. Following a lengthy discussion, the Council determined not to conduct a workshop meeting with the LMCAC at this time. Also discussed was the proposed revision to the City Council's agenda format in relation to public comments. Mr. Conklin noted that the next LMCAC meeting was scheduled to be held at the District's offices later this evening. 5 2014 -006 10.2. OCWD Board — January 8, 2014 (Collett) Director Collett attended and reported that the majority of the meeting consisted of a discussion regarding the proposed Poseidon Resources Huntington Beach Ocean Desalination Project. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from January 10, 2014— February 28, 2014 The Board reviewed the activity calendar and made no changes. 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 12.1. MWDOC Water Policy Forum & Dinner — February 6, 2014 Directors Collett, Hawkins and Melton expressed an interest in attending this event. Director Kiley made a motion, seconded by Director Hawkins, to authorize Director attendance at this event if desired. Motion carried 5 -0. (There was no Closed Session held during this meeting.) 13. CLOSED SESSION 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 N. 2014 -007 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 14. ADJOURNMENT 14.1. The meeting was adjourned at 9:10 a.m. The next Regular Board of Directors Meeting will be held Thursday, January 23, 2014 at 8:30 a.m. rA