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HomeMy WebLinkAbout2014-02-13 - Board of Directors Meeting Minutes 2014-018 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 13, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The February 13, 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 Phil Hawkins Delia Lugo, Finance Manager Gary T. Melton Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee 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 and the need for action came to staff's attention subsequent to the agenda being posted. 8.3. Resolution Calling for Enhanced Water Use Efficiency Efforts Recommendation: That the Board of Directors approve Resolution No. 14-01 Calling for Enhanced Water Use Efficiency Efforts. Director Beverage made a motion, seconded by Director Collett, to add Item No. 8.3. to the agenda. Motion carried 5-0. 1 2014-019 5. PUBLIC COMMENTS None. 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Kiley) • Minutes of the meeting held January 27, 2014 at 8:30 a.m. were provided in the agenda packet. Mr. Mole addressed the Board and commented on a video regarding tribal water rights to the Colorado River which was provided during the meeting. He then welcomed Director Kiley as the Board's new liaison to the Committee. Mr. Mole then provided a summary regarding topics discussed during the meeting including the drought, previous and future District efforts related to water conservation, the postponement of appointments to OCWD's Ocean Desalination Citizen Advisory Committee, and the status of the District's Organizational Performance Review. Mr. Mole stated that the Committee had not yet received a copy of Koff & Associates' response to Mr. Baker's questions regarding the draft review. • Next meeting is scheduled to be held February 24, 2014 at 8:30 a.m. 7, CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on Item No. 7.4. as he has a financial interest with one of the vendors. 7.1. Minutes of the Board of Directors Regular Meeting held January 9, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Regular Meeting held January 23, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Minutes of the Board of Directors Regular Meeting held January 30, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 2 2014-020 7.4. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,300,338.45. 7.5. Investment Report for Period Ending December 31, 2013 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending December 31, 2013. 7.6. Proposed Change Order No. 1 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Change Order No. 1 in the amount of $25,871.37 and 59 additional days to Environmental Construction, Inc., for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008-17b. 7.7. Proposed Change Order No. 4 for the 2012 Waterline Replacement Phase II Project Recommendation: That the Board of Directors approve Change Order No. 4 in the amount of $75,259.22 and 31 additional days to TBU Construction Inc., for construction of the 2012 Waterline Replacement Phase II Project, Job No. 2011-20. 7.8. Declaration of Restrictive Covenants with Mr. Anthony Nardolillo — 21078 Via Diego Circle Recommendation: That the Board of Directors authorize the President and Secretary to execute a Declaration of Restrictive Covenants with Mr. Anthony Nardolillo. 8. ACTION CALENDAR 8.1. Proposed Revision of Board of Directors Committee and Intergovernmental Meeting Assignments Mr. Conklin explained that consideration of this matter had been previously deferred in order to allow a full complement of the Board to be present. President Kiley then explained that additional revisions had been requested to the committee and intergovernmental meeting assignments. In addition, Townsend Public Affairs had recently notified the Executive- Administrative-Organizational Committee that Senator Huff had introduced a bill (SB 946) proposing to revise the governing body of the Orange County Sanitation District (OCSD) to include one member of the District's Board of Directors in substitution of the City of Yorba Linda's seat. If the bill moves forward successfully, the District could have a seat on the 3 2014-021 OCSD Board of Directors by September or October. President Kiley suggested that it would be ideal to have a Director attend OCSD's Board meetings now so that the District will be up to speed when the seat is approved. President Kiley made a motion to assign himself as member and Director Collett as alternate to attend OCSD Board meetings. Director Hawkins seconded the motion. The Board then discussed the process involved with assigning a Director to attend OCSD Board meetings as an observer versus an official OCSD Director when the seat becomes available as well as compensation that would be received for their attendance. Following a lengthy discussion, the Board determined to refer this matter to the Executive-Administrative- Organizational Committee for further evaluation. Director Beverage made a motion, seconded by Director Hawkins, to table voting on the assignment of Director attendance at OCSD Board meetings to a future meeting. Motion carried 5-0. Director Hawkins made a motion, seconded by Director Collett, to approve the revised committee and intergovernmental meeting assignments for the 2014 calendar year excluding the assignment of Director attendance at OCSD Board meetings. Motion carried 5-0. 8.2. Board of Director Non-Member Attendance at Committee Meetings Mr. Conklin explained that consideration of this matter had also been deferred from a previous meeting in order to allow all the Board members to be present. Director Collett stated that the Executive-Administrative- Organizational Committee had reviewed this issue in detail and have recommended that no action be taken to modify the current policy. No action was taken on this item. 8.3. Resolution Calling for Enhanced Water Use Efficiency Efforts Mr. Conklin explained that the MWD Board had recently adopted a Water Supply Alert resolution calling for local agencies to achieve extraordinary water conservation by adopting and enforcing drought ordinances and other measures. MWDOC's Administration and Finance Committee echoed this appeal at its meeting held February 12, 2014 and MWDOC's Board will be considering a resolution on February 19, 2014 requesting enhanced water use efficiency efforts by all its member agencies and water users. In response to these developments, staff has prepared a similar resolution for consideration by the Board affirming MWD/MWDOC's appeals and encouraging enhanced water use efficiency efforts by District customers. There are no additional mandatory water conservation measures being proposed at this time. 4 2014-022 Director Barbre addressed the Board and briefly commented on the drought, the current water supply situation, and MWD/MWDOC's efforts related to water storage and reclamation. Director Collett stated that the Public Affairs-Communications-Technology Committee would be discussing the District's message to its constituents regarding the need to continue their current water conservation efforts. Director Collett made a motion, seconded by Director Melton, to approve Resolution No. 14-01 Calling for Enhanced Water Use Efficiency Efforts. Mr. Micalizzi responded to questions from the Board regarding the associated draft media advisory. He further clarified that it would be edited to reflect the Board's decision and message immediately following the meeting and prior to release. Mr. DeCriscio responded to questions from the Board regarding current and historical water demands. Mr. Mole addressed the Board and commented on the District's previous campaign for increased water conservation and customers' tremendous response and the resulting financial impact. Mr. Conklin then reviewed the water conservation measures that are currently in force in accordance with YLWD's Ordinance No. 09-01. He clarified that if MWD were to change its current alert status at some point in the future, the District would in turn need to change its status which would invoke additional mandatory water-use restrictions. Director Beverage suggested that the media advisory be revised to focus on reminding the public regarding the water conservation measures currently in force. Director Collett revised his original motion to include direction to staff to modify the associated media advisory as well as approve Resolution No. 14-01. Director Melton seconded this motion. Motion carried 5-0 on a Roll Call vote. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report President Kiley did not have any comments at this time. 5 2014-023 9.2. Directors' Report • MWDOC Water Policy Forum — February 6, 2014 (Collett / Kiley / Melton) Directors Melton, Collett and Kiley attended and noted that it was a very nice event featuring an excellent speaker. 9.3. Acting General Manager's Report Mr. Conklin reported that he had attended a meeting of the Association of American Cities (OC Branch) during which a presentation regarding the Bay Delta Conservation Plan was provided. He stated that he had provided a copy of the meeting handouts to each of the Directors. Mr. Conklin then commented on the status of various construction projects. He noted that staff had also begun efforts on preparing the FY 2014/15 budget. 9.4. General Counsel's Report Mr. Kidman did not have any comments at this time but did state that a Closed Session would be needed. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS CONTINUED 10.1. Executive-Administrative-Organizational Committee (Kiley / Collett) • Minutes of the meeting held February 10, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held March 10, 2014 at 4:00 p.m. 10.2. Finance-Accounting Committee (Beverage / Hawkins) • Minutes of the meeting held January 27, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held February 24, 2014 at 4:00 p.m. 10.3. Personnel-Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held February 11 , 2014 at 4:00 p.m. will be provided at the next regular Board meeting. 6 2014-024 • Next meeting is scheduled to be held March 11, 2014 at 4:00 p.m. (This meeting was subsequently rescheduled to March 4, 2014 at 4:00 p.m.) 10.4. Planning-Engineering-Operations Committee (Melton / Beverage) • Minutes of the meeting held February 4, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held March 6, 2014 at 4:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Collett / Kiley) • Minutes of the meeting held February 3, 2014 at 12:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held March 3, 2014 at 4:00 p.m. 10.6. Organizational and Efficiency Study Ad Hoc Committee ( / ) • Next meeting is yet to be scheduled. 10.7. YLWD-City of Placentia Joint Agency Committee (Beverage / Melton) • Minutes of the meeting held February 3, 2014 at 9:30 a.m. will be provided at the next regular Board meeting. • Next meeting is yet to be scheduled. 10.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Next meeting is scheduled to be held February 25, 2014 at 6:00 p•m. 10.9. YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) • Minutes of the meeting held January 28, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held March 25, 2014 at 4:00 p.m. 7 2014-025 11. INTERGOVERNMENTAL MEETINGS 11.1. Yorba Linda LMAD CAC — January 23, 2014 (Collett) Director Collett attended and stated that he had previously provided a report to the Board. 11.2. YL Planning Commission — January 29, 2014 (Melton) Director Melton attended and commented on a presentation regarding a proposed housing development on Lakeview Ave and Mariposa Ave which was provided during the meeting. 11.3. YL City Council — February 4, 2014 (Collett) Director Collett attended and commented on action taken to authorize the condemnation of property on Lakeview Avenue and Valencia Avenue that took place during the meeting. The Council also voted 3-2 in favor of continuing the use of speaker cards for public comments. 11.4. MWDOC Board — February 5, 2014 (Melton) Director Melton attended and reported that the majority of the meeting focused on the current water supply situation. He also noted that MWD had increased its water conservation budget by $20M. 11.5. OCWD Board — February 5, 2014 (Collett) Director Collett attended and noted that Jan Flory had officially taken on her new position as an OCWD Director. 11.6. WACO — February 7, 2014 (Kiley) Director Kiley attended and commented on a presentation regarding hydraulic facturing which was provided during the meeting. 11.7. YL Planning Commission — February 12, 2014 (Beverage) This meeting was cancelled. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from February 14, 2014 — March 31, 2014 The Board reviewed the activity calendar and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. ACWA Small Hydro Workshop & Tour — March 21, 2014 Director Kiley expressed an interest in attending this event. Director Collett made a motion, seconded by Director Hawkins, to authorize Director attendance at this event. Motion carried 5-0. 2014-026 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:53 a.m. All Directors were present. 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 al vs. Insurance Company of the State of Pennsylvania, et al (OC Superior Court — Case No. 00486884) 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 line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 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 potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 14.4. 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 14.5. Public Employment (Recruitment) Pursuant to Section 54956 of the California Government Code Title: General Manager 9 2014-027 14.6. Conference with Labor Negotiators (Recruitment) Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Koff & Associates, Inc. Unrepresented Employee: General Manager The Board reconvened in Open Session at 10:47 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 10:48 a.m. The next Regular Board of Directors Meeting will be held Thursday, February 27, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary NNED MARL 12 2014 10 M