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HomeMy WebLinkAbout2016-06-09 - Board of Directors Meeting Minutes 2016-094 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 9, 2016, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The June 9, 2016 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 Director Phil Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Mike Beverage, Vice President Steve Conklin, Engineering Manager Bob Kiley John DeCriscio, Operations Manager Phil Hawkins Gina Knight, Human Resources/Risk Manager Gary Melton Delia Lugo, Finance Manager Damon Micalizzi, Public Information Manager Art Vega, Information Technology Manager Annie Alexander, Executive Secretary Cindy Botts, Mgmt Analyst/Water Conservation Supv Laurie McAllaster, Records Mgmt Administrator Malissa Tem, Public Affairs Representative ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP Brett Barbre, Director, MWDSC/MWDOC Jeff Decker, Resident Susan Decker, Resident Jon Hansen, Resident Wayne Miller, Resident 4. ADDITIONS/DELETIONS TO THE AGENDA None. Minutes of the YLWD Board of Directors Regular Meeting Held June 9, 2016 at 8:30 a.m. 1 2016-095 5, INTRODUCTIONS AND PRESENTATIONS 5.1. MWDSC/MWDOC Director's Report Director Barbre presented the Board with a proclamation in recognition of the District's leadership in meeting the State Water Resources Control Board's (SWRCB) water conservation mandate of 36%. He then provided a report regarding the status of the Colorado River, MWDSC's allocation from the State Water Project and water storage efforts, and SWRCB's revisions to the drought emergency regulations providing for agency self- certification of water conservation percentages. Director Barbre also commented on MWDSC's water treatment surcharge and requested the District's support of a coalition letter being drafted by MWDSC in opposition to Senate Bill 554. President Collett asked when the letter needed to be submitted. Following brief discussion, it was determined that consideration of this matter would be added to the June 14, 2016 Board meeting agenda. Director Barbre then responded to questions from the Board regarding MWDSC's water storage efforts. 6. PUBLIC COMMENTS Mr. Wayne Miller, resident, offered corrections to his comments made during the previous Board meeting in relation to the situation in Flint, Michigan, and provided a brief overview of his work experience. He then commented on the District's most recent water quality report, providing customers with a rebate, and determining a "design value" and conducting a sensitivity analysis in relation to setting water rates. Mr. Jon Hansen, resident, commented on President Collett's remarks provided at the previous Board meeting in relation to the Fairmont Booster Pump Station (BPS) Upgrade Project and the proposed Esperanza Hills and Cielo Vista development projects. He also commented on statements contained in the Northeast Area Planning Study related to the proposed developments and developer financial contributions for construction of the Fairmont BPS Upgrade Project. Mr. Jeff Decker, resident, commented on a newsletter published the previous summer related to the rate increase, the District's financial statements for the month of April, and the number of signatures contained on the recall petitions submitted to the OC Registrar of Voters. He also commented on statements made by a former Director in an article published in the OC Register, his personal signature gathering efforts, the water rate increase and previous meetings he attended with District representatives. Minutes of the YLWD Board of Directors Regular Meeting Held June 9, 2016 at 8:30 a.m. 2 2016-096 Director Barbre asked to confirm his recollection that during his tenure on the YLWD Board, the Fairmont BPS project was intended to move groundwater to the eastern portion of the District. This was confirmed by the Board. Mrs. Susan Decker, resident, commented on Director Barbre's remarks and the Environmental Impact Report for the proposed developments. She also commented on the number of signatures on the recall petitions and cost savings associated with the recall versus the amount that had been published in an article in the OC Register. 7. CONSENT CALENDAR Director Hawkins 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$485,986,68, 8. ACTION CALENDAR 8.1. Proposed Institution of Stage 1 Water Conservation Measures Mr. Micalizzi explained that moving to Stage 1 of the District's water conservation measures would support the Governor's Executive Order B- 37-16 and mirror Metropolitan Water District of Southern California's (MWDSC) Condition 2 - Water Supply Alert. He further explained that the Governor's new Executive Order extended SWRCB's temporary emergency water regulations through January 2017. On May 18, 2016 SWRCB adopted new regulations lifting mandatory conservation percentage targets and allowing water suppliers to "self-certify" their own percentages based on their ability to meet demands for 3 more years of drought conditions. The District was initially assigned a 36% conservation mandate which has since been lowered to 28%. During the regular meeting held May 26, 2016, the Board indicated a desire to move to Stage 1 of the District's conservation ordinance which would allow customers to water 3 days per week. Mr. Micalizzi then responded to questions from the Board regarding permanent restrictions, monthly reporting to SWRCB, and potential modifications to the District's water conservation ordinance. Mrs. Decker, resident, commented on the District's Water Conservation Representatives and customers' previous conservation efforts. She also provided suggestions for improved community relations and remarked on the removal of certain employee salaries from the District's budget. Minutes of the YLWD Board of Directors Regular Meeting Held June 9, 2016 at 8:30 a.m. 3 2016-097 Director Hawkins made a motion, seconded by Director Beverage, to adopt Resolution No. 16-05 Instituting Stage 1 Watering Restrictions effective June 9, 2016. Motion carried 5-0 on a roll call vote. Staff then responded to questions from the Board regarding the effective date of the action taken and how customers would be notified of the change. 8.2. Adopting a Public Funds Investment Policy Mrs. Lugo explained that the California Government Code requires the treasurer or chief financial officer of a local agency to present an investment policy to the legislative body on annual basis for consideration during a public meeting. She noted that staff was not recommending any changes from the current investment policy (Res. 15-13). Mrs. Lugo then responded to questions from the Board regarding current interest rates. Director Beverage made a motion, seconded by Director Kiley, to adopt Resolution No. 16-06 Setting Forth a Public Funds Investment Policy and Rescinding Resolution No. 15-13. Motion carried 5-0 on a roll call vote. 8.3. Memorandum of Understanding with County of Orange for Renewal of AlertOC Countywide Mass Notification System Mr. Conklin explained that AlertOC is Orange County's public mass notification system utilized to notify the public of emergency events and actions that should be taken in response to such events. AlertOC is currently being used by the County, most cities in Orange County, and many of the water and wastewater districts in the area, including YLWD. As the current Memorandum of Understanding (MOU) has expired and services are being administered by a new provider, the County is requiring all administrative users of the system to execute a new MOU. Staff and legal counsel reviewed the document and have recommended approval. Mr. Conklin then responded to questions from the Board regarding the number of times the system has been used (other than for testing) and the associated cost (for which there is none). Director Kiley made a motion, seconded by Director Hawkins, to approve and authorize the General Manager to execute the Memorandum of Understanding Between the County of Orange and Participants for the Use of Countywide Mass Notification System. Motion carried 5-0. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 4 2016-098 8.4. Proposed Amendments to California Special Districts Association (CSDA) Bylaws Mr. Marcantonio explained that the CSDA Board of Directors had approved recommended amendments to the association's bylaws and is submitting them to the voting members for consideration. Highlights of the recommended changes include: general clean-up to reflect updates and organizational changes over the last 2 years; clarifying language to the CSDA Board nomination and election process to allow for electronic voting; and clarifying language for the inclusion of electronic communication related to amendments of the CSDA Bylaws. The recommended changes will take effect on July 1, 2016 if approved by the membership and the completed ballot must be returned by June 24, 2016. The las update to CSDA's bylaws took place in May 2014 for which the Board cast a vote in favor of the recommended changes. Director Hawkins made a motion, seconded by Director Beverage, to vote in favor of the changes to CSDA's Bylaws and authorize the General Manager to complete and submit the associated ballot on behalf of the Board of Directors. Motion carried 5-0. 8.5. Reconsideration of Registration and Compensation Expenses for Director Attendance at the OC Taxpayers Association Luncheon held April 27, 2016 Mr. Marcantonio explained that the Board had previously ratified Director attendance at this event at the regular meeting held April 28, 2016. Subsequently, a member of the public requested that this matter be brought back to the board for consideration as they felt they were precluded from providing comment. Staff recommended that the Board rescind the previous action taken in relation to this matter, provide an opportunity for public comment for this item, and reconsider payment of registration and compensation expenses for Director attendance at this event. Mr. Gagen provided clarification regarding staff's recommended actions. Director Beverage made a motion, seconded by Director Kiley, to rescind the Board of Directors' previous action approving Director attendance at this event. Motion carried 5-0. Mr. Jon Hansen, resident, read a statement on behalf of Mr. Eddy Jackson who could not be in attendance. In summary, the statement claimed that the previous action taken by the Board to ratify payment of registration and compensation expenses for Director attendance at this event was in violation of the Ralph M. Brown Act as members of the public had been precluded from providing comment before and after consideration of this Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 5 2016-099 matter. Mr. Hansen also offered clarification on his previous comments made related to developer contributions towards the construction of the Fairmont BPS Upgrade Project, Mrs. Susan Decker, resident, stated that she felt payment of registration and compensation expenses for Director attendance at the above listed event should not be approved as the OC Taxpayers Association was a Political Action Committee. President Collett explained that he had attended this event as the subject matter being presented was relevant to the Board at the time. Director Hawkins explained that he served on the Board of Directors of the OC Taxpayers Association and that the registration fees collected for attendance at this event were not placed in the Association's general fund (which would be illegal) and that the presentation was for informational purposes only. Director Hawkins made a motion, seconded by Director Melton, to approve payment of registration and compensation expenses for Director attendance at this event. Motion carried 4-0-1-0 with Director Collett abstaining. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report None. 9.2. Directors' Reports None. 9.3. General Manager's Report Mr. Marcantonio asked each of the managers to provide a report regarding activities within their respective departments. Mr. Conklin provided an overview of the status of the Sewer Relining Project, the Pipeline Replacement Project, and the Well 21 and Richfield Road Pipeline Projects. He noted that construction of the Fairmont BPS Upgrade Project was out to bid with a due date of August 3, 2016. Mr. Conklin then reported on topics discussed during the most recent OC Groundwater Producers meeting and potential litigation involving IRWD and OCWD. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 6 2016-100 Mr. DeCriscio reported that the District had received a grant for a 500 gallon portable diesel tank which should be delivered in August. Mrs. Lugo reported that the interim field audit with the District's auditors had been completed and that staff was busy preparing for the Board's next budget workshop. Mr. Art Vega reported that a new server had been built for the purpose of performing video inspections of the District's sewer lines and that staff had obtained quotes for a dehumidifier for the data center. Mr. Micalizzi reported on recent legislative activity and the District's conservation percentage achieved during the month of May. Mrs. Knight reported that Mr. Bryan Melton, Human Resources Analyst, had recently been passed an exam for certification as a Senior Certified Professional by the International Public Management Association for Human Resources. She also commented on the status of current recruitments and scheduled hearing and respiratory testing as required by OSHA for certain employees. 9.4. General Counsel's Report None. 9.5. Future Agenda Items and Staff Tasks Director Beverage requested that a workshop meeting be scheduled to discuss potential revisions to the District's water conservation ordinance. 10. COMMITTEE REPORTS 10.1. Interagency Committee with MWDOC and OCWD (Collett / Melton) ■ Minutes of the meeting held May 24, 2016 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled July 26, 2016 at 4:00 p.m. Director Hawkins left the meeting at this time. Minutes of the YLWD Board of Directors Regular Meeting Held June 9, 2016 at 8:30 a.m. 7 2016-101 10.2. Joint Agency Committee with City of Yorba Linda (Collett / Beverage) ■ Minutes of the meeting held May 31, 2016 at 9:00 a.m. will be provided when available. President Collett provided a brief report regarding matters discussed during the meeting. • Next meeting is scheduled June 28, 2016 at 9:00 a.m. at YL City Hall. 10.3. Interagency Committee with City of Placentia and Golden State Water Co. (Collett / Kiley) ■ Minutes of the meeting held May 9, 2016 at 3:00 p.m. will be provided when available. ■ Next meeting is yet to be scheduled. 10.4. Citizens Advisory Committee (Melton) ■ Minutes of the meeting held May 23, 2016 at 8:30 a.m. were provided in the agenda packet. ■ Next meeting is scheduled June 27, 2016 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS The Directors and staff reported on their attendance at the following meetings. 11.1. MWDOC Board — June 1, 2016 (Melton) 11.2. OCSD Operations Committee — June 1, 2016 (Kiley/Beverage) 11.3. OCWD Board — June 1, 2016 (Collett) 11.4. WACO — June 3, 2015 (Hawkins/Kiley) 11.5. YL City Council -- June 7, 2016 (Beverage) 11.6. LAFCO — June 8, 2016 (Beverage —As Needed) 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from June 10, 2016 — July 31, 2016 The Board reviewed the activity calendar and made no changes. Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 8 2016-102 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:42 a.m. All Directors with the exception of Director Hawkins were present. Also present were Messrs. Gagen, Marcantonio, and Micalizzi and Mrs. Knight. 15.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: Kent Ebinger and Yorba Linda Taxpayers Association vs. Yorba Linda Water District (OC Superior Court — Case No. 00829548) The Board reconvened in Open Session at 10:25 a.m. No 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 10:51 a.m. A Board of Directors Workshop Meeting has been scheduled on Tuesday, June 14, 2016 at 3:00 p.m. The next Regular Board of Directors Meeting will be held Thursday, June 23, 2016 at 8:30 a.m. Annie Alexander Assistant Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held June 9,2016 at 8:30 a.m. 9