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HomeMy WebLinkAbout2014-01-23 - Board of Directors Meeting Minutes 2014-008 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 23, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The January 23, 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 STAFF PRESENT Robert R. Kiley, President Steve Conklin, Acting General Manager Ric Collett, Vice President John DeCriscio, Operations Manager Michael J. Beverage Gina Knight, Human Resources/Risk Manager Gary T. Melton Delia Lugo, Finance Manager Art Vega, Acting IT Manager DIRECTORS ABSENT Annie Alexander, Executive Secretary Phil Hawkins Damon Micalizzi, Public Information Officer ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tern, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Heather Stratman, Senior Director, Townsend Public Affairs, Inc. 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested to remove Item No. 7.1 . from the agenda and bring it back when a full complement of the Board was in attendance. Director Beverage requested to remove Item No. 7.2. for the same reason. Director Melton made a motion, seconded by Director Beverage, to remove Item Nos. 7.1. and 7.2. from the agenda. Motion carried 4-0-1 with Director Hawkins being absent. 5. PUBLIC COMMENTS None. 1 2014-009 6. CONSENT CALENDAR Director Melton made a motion, seconded by Director Beverage, to approve the Consent Calendar. Motion carried 4-0-1 with Director Hawkins being absent. 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 Item Nos. 7.1. and 7.2. were removed from the agenda. 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. 2 2014-010 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 Mr. Conklin explained that the YLWD/City of Placentia Committee had been discussing participation in a joint turf replacement demonstration project. The proposed project would involve the replacement of existing turf with artificial turf on 3 median islands within the City. The total cost of the project is approximately $58,000. The District plans to advance the City's half which would then be repaid over 5 years in equal annual installments. The project may also qualify for MWDOC's turf removal program which could provide an estimated $8,000 rebate. Mr. Conklin then responded to questions from the Board regarding maintenance for the turf, signage for the project, and potential replacement of the remaining landscape features. Director Melton made a motion, seconded by Director Collett, to 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. Motion carried 4-0-1 with Director Hawkins being absent. 7.4. Response to Draft EIR for Esperanza Hills Development Project Mr. Conklin explained that staff had prepared a response to the draft EIR for this project. Once approved, it will need to be submitted to the County by February 4, 2014. Director Collett made a motion, seconded by Director Beverage, to 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. Motion carried 4-0-1 with Director Hawkins being absent. 8. DISCUSSION ITEMS 8.1. Status of Efforts to Obtain SDLF District of Distinction Accreditation Mr. Conklin provided a brief overview of the status of efforts to obtain this accreditation. He explained that staff was currently working on updating the District's policies and suggested that this effort be completed in-house. The Board then briefly discussed the required governance training. 3 • 2014-011 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report • CASA Winter Conference — January 15-17, 2014 (Kiley) President Kiley attended and commented on various bioenergy issues that were discussed during the event. 9.2. Directors' Report No comments were provided at this time. 9.3. Acting General Manager's Report Mr. Conklin noted that the Allen-McCulloch Pipeline (AMP) shutdown was now complete and briefly commented on Governor Brown's recent drought declaration. Director Barbre addressed the Board and remarked on efforts related to the AMP shutdown and the current water supply situation. Mr. Conklin continued his report and commented on the status of the proposed Cielo Vista and Esperanza Hills development projects, construction on the 2012 pipeline replacement and Yorba Linda booster station projects, and the drilling of Well 21. Mr. Conklin further stated that staff had begun preparations for the next budget cycle and that 2 dates had been tentatively selected for the workshop meetings. Mr. DeCriscio then provided the Board with a report on staff's efforts and water demands during the AMP shutdown. He also stated that staff had recently responded to a break in a 6" cast iron line. 9.4. General Counsel's Report Mr. Kidman noted that he had spent some time researching the question posed by Director Hawkins during the last regular meeting. He found that Director Hawkins would have needed to recuse himself from voting on the District's response to the draft EIR for the Esperanza Hills development as he lived within 500 feet of the proposed project. Mr. Kidman stated that he would finalize his findings in a memo shortly. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee Kiley / Collett 4 2014-012 • Minutes of the meeting held January 13, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held February 10, 2014 at 4:00 p.m. 10.2. Finance-Accounting Committee Beverage / • Next meeting is scheduled to be held January 27, 2014 at 4:00 p.m. 10.3. Personnel-Risk Management Committee Hawkins / Melton • Minutes of the meeting held January 14, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held February 11 , 2014 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee Melton / Beverage • Minutes of the meeting held January 6, 2014 at 12:30 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held February 4, 2013 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee Collett / Hawkins • Minutes of the meeting held January 6, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held February 3, 2014 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee / • Next meeting to be scheduled. 10.7. YLWD-City of Placentia Joint Agency Committee Beverage / Melton • Next meeting is scheduled to be held February 3, 2014 at 9:30 a.m. 10.8. YLWD-City of Yorba Linda Joint Agency Committee Kiley / Collett 5 2014-013 • Next meeting is scheduled to be held February 25, 2015 at 4:00 p.m. 10.9. YLWD-MWDOC-OCWD Joint Agency Committee Kiley / Beverage • Next meeting is scheduled to be held January 28, 2014 at 4:00 p.m. 10.10. Citizens Advisory Committee Kiley • Next meeting is scheduled to be held January 27, 2014 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC — January 9, 2014 (Beverage) Director Beverage attended and noted that the meeting had been held at the District's facilities. He reported that the Committee had discussed preparations for the Council-LMCAC workshop meeting which has since been cancelled. The Committee also selected Willdan Engineering to prepare the 2014/15 Engineer's Report for the annual levy of street lighting and landscape maintenance district services. 11.2. WACO — January 10, 2014 (Kiley/Hawkins) Director Kiley attended and commented on two of the presentations provided during the program. One was presented by the Santa Ana Regional Water Quality Control Board and the other by the UC Center for Hydrologic Modeling. 11.3. MWDOC Board -- January 15, 2014 (Melton) Director Melton attended and commented on the Governor's drought declaration and the AMP shutdown which were discussed during the meeting. 11.4. YL Planning Commission — January 15, 2014 (Beverage) Director Beverage attended and commented on public hearings related to two proposed housing developments (one with 80 units and the other 18) which took place during the meeting. 11.5. YL City Council — January 21, 2014 (Kiley) Director Kiley attended and noted that the ribbon cutting ceremony for the new Orange County Sheriff's police services facility will be held January 30, 2014. 6 2014-014 11.6. OCWD Board — January 22, 2014 (Collett) Director Collett attended and reported that the Fullerton City Council had appointed Councilmember Jan Flory to serve as its representative on the OCWD Board. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from January 24, 2014 — February 28, 2014 The Board reviewed the activity calendar and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. WEF Lower Colorado River Tour— February 26-28, 2014 No Directors expressed an interest in attending this event. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:40 a.m. All Directors were present with the exception of Director Hawkins. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 14.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA/JPIA, et at 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 7 2014-015 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 The Board reconvened in Open Session at 9:57 a.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 15. ADJOURNMENT 15.1. The meeting was adjourned at 9:58 a.m. 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. Steven R. Conklin Board Secretary SCANNED MAR 11} 3322� 14 8 fvf/�{{'� 1