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HomeMy WebLinkAbout2015-05-11 - Board of Directors Meeting Minutes 2015-073 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Monday, May 11, 2015, 11:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1, CALL TO ORDER The May 11, 2015 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 11:32 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 Robert R. Kiley John DeCriscio, Operations Manager Gary T. Melton Gina Knight, Human Resources / Risk Manager Delia Lugo, Finance Manager DIRECTORS ABSENT Art Vega, Information Technology Manager Phil Hawkins Annie Alexander, Executive Secretary Cindy Botts, Management Analyst Malissa Tem, Public Affairs Specialist Alex Thomas, Water Quality Engineer ALSO PRESENT Daniel Mole, Chair, YLWD Citizens Advisory Committee Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Partner, Kidman Law LLP Ian Delzer, Associate, Townsend Public Affairs, Inc. Judy Desjardin, Resident Eddy Jackson, Resident John Koeller, Resident Judy Murray, President, Rancho Dominguez Community Association Rosemarie Sauer, Resident 4. ADDITIONS/DELETIONS TO THE AGENDA None. 1 2015-074 5. PUBLIC COMMENTS Mr. Eddy Jackson, resident, addressed the Board and inquired as to why the meeting was being held on this day instead of the regularly scheduled date and time. President Collett explained that a majority of the Board were interested in attending a workshop regarding water rates which had been scheduled the same day as the regularly scheduled meeting. As such, the meeting date and time had been changed to accommodate their attendance. Mr. John Koeller, resident, addressed the Board and noted that he had the opportunity to attend the most recent YLWD Citizens Advisory Committee meeting. He also stated that he had watched the video recording of the State Water Resources Control Board (SWRCB) meeting held May 5, 2015 and that he was impressed with Mr. Marcantonio's comments related to fire protection. He further stated that later in the meeting, Ms. Felicia Marcus, Chair, reminded SWRCB staff to look into Yorba Linda's fire protection concerns. Ms. Rosemarie Sauer, resident, addressed the Board and inquired as to whether watering with a hand-held hose would be prohibited at some point in the future. President Collett responded that watering with a hand-held hose equipped with an automatic shut-off nozzle would not be prohibited. Ms. Sauer also commented on the process for reporting water waste, enforcement issues, and the District's efforts to work with other municipalities in relation to the drought. 6. SPECIAL RECOGNITION 6.1. Recognition of Individual for their Service to the District • Art Kidman, Partner, Kidman Law LLP (40 Years) President Collett presented Mr. Kidman with a proclamation from the Board of Directors and a lapel pin in recognition for his many years of service to the District. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Collett) • Minutes of the meeting held April 27, 2015 at 8:30 a.m. were provided in the agenda packet. Mr. Daniel Mole addressed the Board and provided a report regarding matters discussed during the meeting including the District's recent budget workshop and the Governor's Executive Order for mandatory water reductions. He also provided a brief overview of matters discussed during a previous OCWD Ocean Desalination Citizens Advisory Committee meeting. • Next meeting is scheduled to be held May 18, 2015 at 8:00 a.m. 2 2015-075 Mr. Mole left the meeting at this time. 8. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins being absent. 8.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$714,627.67. 8.2. Final Progress Payment No. 2 and Request to File Notice of Completion for the Richfield Gate Modifications Project Recommendation: That the Board of Directors approve Final Progress Payment No. 2 in the net amount of$25,100.90 to Harris Steel Fence Co., Inc. and 5% retention of $1,321.10; authorize staff to file the Notice of Completion and release the retention thirty five days following recordation, if no liens have been filed; release the Labor and Material Bond; and release the Faithful Performance Bond in one year if no defects have been found for construction of the Richfield Gate Modifications Project, Job No. 2014-10. 8.3. Unaudited Financial Statement for the Period Ending March 31, 2015 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending March 31, 2015. 8.4. Investment Report for Period Ending March 31, 2015 Recommendation: That the Board of Directors receive and file the Investment Report for the Period Ending March 31, 2015. 8.5. Directors and General Manager Fees and Expenses Report for Third Quarter FY 2014/15 Recommendation: That the Board of Directors receive and file the Third Quarter Directors and General Manager Fees and Expenses Report for FY 2014/15. 9. ACTION CALENDAR 9.1. Proposed Institution of Stage 3 Water Conservation Measures Mr. Marcantonio explained that this resolution supports the Governor's State of Emergency and call for all Californian's to conserve water. It also supports the SWRCB's emergency regulation requirements for increased conservation practices and the District's target reduction of 36%. 3 2015-076 President Collett then opened the floor to public comment. Mr. John Koeller, resident, addressed the Board and stated that a number of studies have indicated that residential water usage will increase when the number of watering days are decreased as set forth in the District's conservation ordinance. This is because individuals feel compelled to water more than they normally would due to the restriction. At the same time, there are other studies that indicate the opposite. Mr. Koeller further stated that while it's easy to restrict the number of allowed watering days, it may not always result in a reduction of water consumption. Mr. Eddy Jackson, resident, addressed the Board and stated that according to a public records request, over 4M gallons of potable water had been used in 2013 to help refill a private lake at East Lake Village. He noted that Stage 3 of the District's water conservation ordinance would prohibit the initial filling or re-filling of residential pools or outdoor spas (more than 1 foot). He requested that the Board consider issuing a moratorium on the refilling of this private lake with potable water and that any members of the Board who may be homeowners in East Lake Village recuse themselves from the discussion regarding this matter. Ms. Judy Murray, President, Rancho Dominguez Community Association, addressed the Board and stated that she was interested in how the new water usage restrictions would affect home owners associations. She also commented on the District's waiver application and efforts made by the association to decrease water usage including the installation of smart timers, new pipeline materials, and drought tolerant plants. She noted that the association had reduced its water consumption every year since 2009 and expressed concern regarding the need to conserve an additional 36%. She asked if any considerations were being provided to associations who were maintaining their own slopes and perimeters. Mr. Art Kidman, Partner, Kidman Law LLP, addressed the Board and commented on Mr. Marcantonio's remarks provided at the SWRCB meeting. He noted that the agency provided no special considerations to any group nor did it recognize purveyor efforts to increase water storage prior to the current drought. He also suggested that the state begin using the terms "water allocation" or "water rationing" instead of "water conservation" as the latter term implied a voluntary practice. Mr. Kidman also commented on the large fines to be levied on water purveyors who are out of compliance with the state's emergency regulations. Ms. Rosemarie Sauer, resident, addressed the Board and stated that she was already making significant efforts to conserve water and that it would be very difficult for her to cut back her usage any further. 4 2015-077 President Collett then responded to concerns raised in the previous comments regarding the need for increased water conservation and the movement to Stage 3. He then asked staff to respond to the question raised regarding the private lake at East Lake Village. Mrs. Lugo explained that East Lake Village has its own private well in addition to one inactive meter that has been utilized to help fill the lake in the past. President Collett then continued his comments and explained that the entire community would need to make an effort to conserve in order for the District to meet its target reduction percentage. Director Beverage commented on conservation efforts made during the previous droughts. Ms. Judy Desjardin, resident, addressed the Board and asked if the District was contacting state legislators regarding this matter. She also asked if it would be helpful for customers to do the same. Director Melton indicated that staff was making a substantial effort to communicate the District's concerns to the appropriate state agencies and representatives. Mr. Marcantonio then provided a brief overview of staff's efforts in this regard. Additional comments were then provided by various members of the Board. Director Beverage made a motion, seconded by Director Melton, to adopt Resolution No. 15-04 Instituting Stage 3 Watering Restrictions effective June 1, 2015. Director Beverage commented on the impact of the state's emergency regulations on the District's budget process and the timeline for meeting Proposition 218 requirements in relation to a proposed rate increase. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.2. Draft 2015 Water Quality Report Mr. Conklin explained that California public water utilities were required to provide annual water quality reports to their customers. This report is also known as the Consumer Confidence Report which covers water quality testing and analysis from January to December of the previous calendar year. State and Federal laws now allow electronic delivery of this report resulting in a cost-savings for the District. Staff will make the report available on the District's website and hard copies will be provided upon request. Mr. Marcantonio commended staff for their efforts in regards to water quality. Mr. DeCriscio and Mr. Thomas then responded to questions from the Board regarding sampling locations and frequency. 5 2015-078 Director Melton made a motion, seconded by Director Kiley, to approve the 2015 Water Quality Report and authorize staff to make this report available on the District's website pursuant to the new State and Federal law regarding electronic delivery. Motion carried 4-0-0-1 with Director Hawkins being absent. 9.3. Board of Directors Policies and Procedures Manual Mr. Marcantonio explained that based on feedback provided at the Board workshop meeting held in April, staff had prepared the final draft of the policies and procedures manual for review. This document represents a compilation of several ordinances and resolutions and includes supplemental language taken from the California Government and Water Codes, CSDA's sample policies, and the policies of several other water districts. Director Kiley made a motion to adopt Resolution No. 15-05 Adopting a Board of Directors Policies and Procedures Manual and Rescinding Resolution Nos. 01-05, 08-13, 10-05, 11-05, 11-15, 12-10, and 12-21. Mr. Eddy Jackson, resident, addressed the Board and asked if this item had a cost of living adjustment associated with it. President Collett indicated that it did not. The motion was seconded by Director Beverage and carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.4. Memorandum of Understanding and Pay Plans Between the District and the YLWD Employees Association Mrs. Knight explained that from early February through the end of April 2015, staff had met and conferred with representatives of the Yorba Linda Water District Employees' Association to negotiate a Memorandum of Understanding (MOU) for FYs 2015-18. On May 7, 2015, the Association held an election and agreed to accept the MOU which includes a 6.5% cost of living adjustment over a 3-year period beginning July 1, 2015 and an 11 step salary schedule effective July 1, 2016. Mr. Eddy Jackson, resident, addressed the Board and expressed concern regarding the proposed cost of living adjustments in light of the District's expected reduction in revenue due to the state's conservation mandate. He suggested that the Board defer consideration of this matter for a few months. Director Beverage responded and commented on various cost- saving provisions that were included in the previous MOU and the expenses associated with employee turnover. 6 2015-079 Director Kiley made a motion, seconded by Director Beverage, to adopt Resolution No. 15-06 Adopting the Memorandum of Understanding and Pay Plans Between the District and the Yorba Linda Water District Employees Association. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.5. Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees Mrs. Knight explained that in the past, the District's Supervisory and Confidential Employees followed suit with the provisions that were negotiated between the District and the District's represented employees. The Compensation Letter for this group of employees includes a 6.5% cost of living adjustment over a 3-year period beginning July 1, 2015 and an 11 step salary schedule effective July 1, 2016. Mr. Eddy Jackson, resident, addressed the Board and asked for clarification as to which employee groups were unionized. Director Beverage explained that only those positions identified in the MOU belonged to a union. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 15-07 Adopting the Employee Compensation Letter and Pay Plans for Supervisory and Confidential Employees for Fiscal Years 2015-2018. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 9.6. Employee Compensation Letter and Pay Plans for Management Employees Mrs. Knight explained that in the past, the District's Management Employees also followed suit with the provisions that were negotiated between the District and the District's represented employees. The Compensation Letter for this group of employees includes a 6.5% cost of living adjustment over a 3-year period beginning July 1, 2015 and an 11 step salary schedule effective July 1, 2016. Mr. Eddy Jackson, resident, addressed the Board and asked for clarification regarding the Board of Directors' compensation rate. The Board responded that the Directors' compensation rate hadn't changed since 2003 and was currently set at $150 per day for each day's attendance at authorized meetings, not to exceed 10 days in any calendar month. The Board voted 4-0-0-1, with Director Hawkins being absent, to adopt Resolution No. 15-08 Adopting the Employee Compensation Letter and Pay Plans for Management Employees for Fiscal Years 2015-2018. 7 2015-080 9.7. First Amendment to Employment Agreement for Position of General Manager Mrs. Knight explained that based on job performance, the General Manager had qualified for a merit increase. As such, an amendment to the original employment agreement was now desired. Mrs. Knight also clarified that the date of the agreement in the agenda report should have been identified as August 7, 2014. President Collett noted that Mr. Marcantonio was doing an outstanding job and that the District was very fortunate to have hired him. Director Melton made a motion, seconded by Director Kiley, to approve the First Amendment to the Employment Agreement for the Position of General Manager. Motion carried 4-0-0-1 with Director Hawkins being absent. 9.8. Request for Concurring Nomination Resolution Mr. Marcantonio explained that the California Special Districts Association (CSDA) would be conducting an election for 6 seats on its Board of Directors in June. The District has received a request from the Vista Irrigation District to consider adoption of a resolution concurring in the nomination of Ms. Jo MacKenzie for reelection. Director Melton made a motion, seconded by Director Kiley, to adopt Resolution No. 15-09 Concurring in the Nomination of Jo MacKenzie to the CSDA Board of Directors. Motion carried 4-0-0-1 on a Roll Call Vote with Director Hawkins being absent. 10. DISCUSSION ITEMS 10.1. Status of Legislative Affairs Mr. Ian Delzer, Associate for Townsend Public Affairs, addressed the Board and provided an overview of current legislative activity. A copy of the monthly report was provided in the agenda packet. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report None. 11.2. Directors' Reports • SCWC Quarterly Luncheon - April 24, 2015 Director Kiley did not attend this event. 8 2015-081 • YL Chamber Appreciation Breakfast - April 29, 2015 Director Melton attended and noted that District staff had been recognized at the event. • MWDOC Elected Officials Forum - April 29, 2015 Directors Collett and Kiley attended and commented on a presentation that was provided during the event. • Water Reuse & Desalination Research Conference - May 4-5, 2015 Director Kiley attended 11.3. General Manager's Report Mr. Marcantonio provided the Board with an overview of his activities and meeting attendance. He then asked each manager in attendance to provide a report regarding activities within their respective departments. 11.4. General Counsel's Report Mr. Beltran did not have any comments at this time. Mr. Kidman briefly commented on the emergency regulations adopted by the State Water Resources Control Board. 11.5. Future Agenda Items and Staff Tasks None. 12. COMMITTEE REPORTS CONTINUED 12.1. Investment Ad Hoc Committee (Hawkins / Beverage) • Next meeting is yet to be scheduled. 12.2. YLWD-City of Placentia Joint Agency Committee (Melton / Kiley) • Minutes of the meeting held April 7, 2015 at 9:00 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held June 16, 2015 at 9:00 a.m. and will be held at Placentia City Hall. 12.3. YLWD-City of Yorba Linda Joint Agency Committee (Collett / Beverage) • Minutes of the meeting held April 28, 2015 at 10:00 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held May 19, 2015 at 10:00 a.m. and will be held at YL City Hall. 9 2015-082 12.4. YLWD-MWDOC-OCWD Joint Agency Committee (Collett / Melton) • Next meeting is scheduled to be held May 26, 2015 at 4:00 p.m. 13. INTERGOVERNMENTAL MEETINGS 13.1. YL Planning Commission - April 29, 2015 (Hawkins) Director Hawkins attended and previously provided Mr. Marcantonio with some notes which he shared with the Board. 13.2. WACO - May 1, 2015 (Hawkins/Kiley) Directors Hawkins and Kiley attended. Director Kiley commented on the presentation provided during the meeting. 13.3. YL City Council - May 5, 2015 (Beverage) Director Beverage attended and commented on a few items of business that were considered during the meeting. 13.4. OCSD Operations Committee - May 6, 2015 (Kiley/Beverage) Directors Kiley and Beverage attended and reported on some matters of business that were discussed during the meeting. 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from May 12, 2015 — June 30, 2015 The Board reviewed the activity calendar and made no changes. 15. ADJOURNMENT 15.1. The meeting was adjourned at 1 :42 p.m. A Board of Directors Workshop Meeting has been scheduled for Thursday, May 21 , 2015 at 8:30 a.m. The next Regular Board of Directors Meeting will be held Thursday, May 28, 2015 at 8:30 a.m. Annie Alexander Assistant Board Secretary 10