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HomeMy WebLinkAbout2015-02-26 - Board of Directors Meeting Minutes 2015-034 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 26, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The February 26, 2015 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett 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 Collett led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Michael J. Beverage, Vice President Steve Conklin, Engineering Manager Phil Hawkins Javier Martinez, Water Production Superintendent Robert R. Kiley Gina Knight, Human Resources / Risk Manager Gary T. Melton Kelly McCann, Senior Accountant Damon Micalizzi, Public Information Manager Marcus Millen, Records Management Specialist Malissa Tem, Public Affairs Specialist ALSO PRESENT Eddy Beltran, Partner, Kidman Law LLP Tom Lindsey, Mayor Pro Tern, City of Yorba Linda Daniel Mole, Chair, YLWD Citizens Advisory Committee Modesto Llanos, Member, YLWD Citizens Advisory Committee 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Mr. Mole addressed the Board and provided an overview of matters discussed during the February 23, 2015 Citizens Advisory Committee meeting. He also provided feedback from the Committee in relation to the District's rate structure and reserves policy. Mr. Mole then responded to questions from the Board. Mr. Mole left the meeting at this time. 1 2015-035 Mayor Pro Tern Lindsey addressed the Board and commented on a MWD facility tour he had recently attended. 6. SPECIAL RECOGNITION 6.1. Presentation of Proclamation to Director Phil Hawkins for 5 Years of Service to the District President Collett presented Director Hawkins' with a proclamation and a service pin commemorating his service as a member of the Board for 5 years. The Board and audience then applauded Director Hawkins for his accomplishment. Ms. Tern left the meeting at this time. 7. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 5-0. 7.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,082,650.55. 7.2. Easement Quitclaim for SARI Project Recommendation: That the Board of Directors approve quitclaim to the Orange County Flood Control District of all its right, title and interest in real property located in Tract No. 11663 and in Tract 11836, as described in the Quitclaim Deed and Exhibits A through D, as provided, and authorize the General Manager to execute the document for transmittal to the County. 7.3. Claim Submitted by Julie Lansdale Recommendation: That the Board of Directors reject the claim submitted by Julie Lonsdale and refer it to ACWA/Joint Powers Insurance Authority. 8. ACTION CALENDAR 8.1. Report on Board Governance Workshop and Consideration of Proposal for Development of Board Policies and Procedures Manual Mr. Marcantonio explained that BHI had prepared a proposal to facilitate the development of a Board of Directors Policies and Procedures Manual for a total estimated cost of $8,800. The benefit of engaging BHI to assist the District with this important project is that they could serve as an objective outside party. However, should the Board desire, staff would be willing to assist with the creation of this document in-house for an 2 2015-036 anticipated cost of $2,500. Mr. Marcantonio then responded to questions from the Board regarding the potential risk and time involved with having staff complete this work versus utilizing an outside consultant. Mrs. Knight and Mr. Beltran also responded to questions from the Board in regards to staff time and availability and associated costs for legal review. Director Hawkins made a motion, seconded by Director Kiley, to instruct staff to assist with the development of a Board of Directors Policies and Procedures Manual. Motion carried 5-0. 8.2. Approval to Proceed with Water and Sewer Rate Study Request for Proposal (RFP) Mr. Marcantonio explained that in order to determine the need for a rate increase in water and sewer services, a Water and Sewer Cost of Services Analysis and Rate Study is required. The District's current purchasing policy stipulates that any charges in excess of $25,000 requires a Request for Proposal (RFP) process. Due to the sensitive nature of potential Proposition 218 challenges, the completion of a Cost of Services and Rate Study by a dis-interested third party agency validates any proposed increases and lessens the liability to the District. The scope of work for the RFP could potentially include a "conservation rate" and the establishment of a revenue and/or rate stabilization fund. Mr. Beltran then responded to questions from the Board regarding the benefits associated with engaging a consultant to conduct these types of studies versus preforming them in-house. Mr. Marcantonio also responded to questions from the Board regarding the data to be included in the study. Director Beverage made a motion, seconded by Director Melton, to authorize staff to begin with the Request for Proposal process for a Water and Sewer Rate Study and Cost of Services Analysis. Motion carried 5-0. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports • MWDOC Water Policy Forum - February 5, 2015 Director Melton reported on his attendance at this event and commented on presentation provided by Dr. Lucy Jones' regarding the projected impact of a magnitude 8.0 earthquake along the San Andreas Fault. Director Melton also expressed his condolences on the recent passing of Rick Buck's sister. Mr. Buck is a member of the Citizens Advisory Committee. 3 2015-037 9.3. General Manager's Report Mr. Marcantonio provided the Board with an overview of his activities and meeting attendance. He then asked each manager (or their designee) in attendance to provide a report regarding activities within their respective departments. 9.4. General Counsel's Report Mr. Beltran provided additional comments regarding the benefits of engaging a consultant to conduct cost of services analyses and rate studies as related to potential litigation. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Collett / Beverage) • Minutes of the meeting held February 9, 2015 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held March 9, 2015 at 4:00 p.m. 10.2. Investment Ad Hoc Committee (Hawkins / Beverage) • Meeting held February 12, 2015 at 10:30 a.m. • Next meeting is scheduled to be held March 2, 2015 at 11:30 a.m. 10.3. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) ▪ Minutes of the meeting held February 24, 2015 at 9:00 a.m. will be provided at the next regular Board meeting. • Next meeting is yet to be scheduled. 10.4. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) • Minutes of the meeting held February 10, 2015 at 10:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held Tuesday, April 28, 2015 at 10:00 a.m. at the District's offices. 4 2015-038 10.5. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) • Next meeting is scheduled to be held March 24, 2015 at 4:00 p.m. 10.6. Citizens Advisory Committee (Collett) • Minutes of the meeting held February 23, 2015 at 8:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held March 23, 2015 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL LMCAC - February 12, 2015 (Beverage -As Needed) Director Beverage did not attend this meeting. 11.2. YL City Council - February 17, 2015 (Collett) Director Collett attended and commented on a presentation regarding the Esperanza Hills Final Environmental Impact Report and direction on the Landscape Maintenance Citizen Advisory Committee's (LMCAC) recommendations which were discussed during the meeting. Mayor Pro Tem Lindsey addressed the Board and commented on the possibility of synchronizing the District's and the City's Proposition 218 processes. 11.3. MWDOC Board - February 18, 2015 (Melton) Director Melton attended and noted that it was a very short meeting. He also commented on his attendance at the YLWD/City of Placentia Joint Agency Committee meeting held earlier in the week. 11.4. OCWD Board - February 18, 2015 (Kiley) Director Kiley attended and reported that the Board had come to a decision regarding the placement of digital audio recordings of Board/Committee meetings on OCWD's website. The proposed Citizens Advisory Committee for Poseidon Resources' Ocean Desalination Project in Huntington Beach and status of the North Basin Groundwater Contamination Cleanup Project were also discussed during the meeting. 11.5. YL Planning Commission - February 25, 2015 (Hawkins) This meeting was cancelled. 5 2015-039 11.6. OCSD - February 25, 2015 (Kiley/Beverage) Directors Kiley and Beverage attended. Director Kiley stated that it was a very short meeting and that the Board had approved the Memoranda of Understanding between OCSD and its bargaining units. Director Beverage commented on the longevity of OCSD employees and the large number of staff expected to retire over the next several years. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from February 27, 2015 — March 31, 2015 The Board reviewed the activity calendar and made no changes. 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:55 a.m. All Directors were present. Also present were Mr. Marcantonio, Mrs. Knight and Mr. Beltran. 13.1. 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 Gai Thi Lesher. Number of Potential Cases: One Mrs. Knight and Mr. Beltran left the meeting at this time. 13.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 11:00 a.m. During the Closed Session, the Board voted 5-0 to reject the claim submitted on behalf of Gai Thi Lesher and refer it to ACWA/Joint Powers Insurance Authority. No other action was taken during Closed Session that was required to be reported under the Brown Act. 14. ADJOURNMENT 14.1. The meeting was adjourned at 11 :00 a.m. The next Regular Board of Directors Meeting will be held Thursday, March 12, 2015 at 8:30 a.m. Marc Marcantonio Board Secretary 6