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HomeMy WebLinkAbout2016-09-22 - Board of Directors Meeting Minutes 2016-177 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 22, 2016, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The September 22, 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 President Collett led the pledge. 3. ROLL CALL .DIRECTORS PRESENT STAFF PRESENT Ric Collett, President Marc Marcantonio, General Manager Mike Beverage, Vice President Delia Lugo, Finance Manager Phil Hawkins Damon Micalizzi, Public Information Manager • Bob Kiley Art Vega, Information Technology Manager Gary Melton Annie Alexander, Executive Secretary Cindy Botts:Water Cons Supv/Mgmt Analyst Amelia Cloonan, Human Resources Analyst Anthony Manzano, Senior Project Manager Javier Martinez, Water Production Supt Laurie McAllaster, Records Mgmt Admin. Malissa Tem, Public Affairs Representative Alex Thomas, Water Quality Engineer ALSO PRESENT Andrew Gagen, Partner, Kidman Law LLP Gene Hernandez, Councilmember, City of Yorba Linda 4. ADDITIONS/DELETIONS TO THE AGENDA_ 4.1. . Second Request for Letter of Support for City of Anaheim's Prop 1 Stormwater Improvement Grant Application — California Urban Rivers Grant Program Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 1 2016-178 Mr. Marcantonio requested to add this matter to the agenda as Item No. 9.3. as it came to staff's attention subsequent to posting the agenda and required immediate attention. Director Beverage made a motion, seconded by Director Hawkins, to add this matter to the agenda as Item No. 9.3. as it came to staff's attention subsequent to posting the agenda and requires immediate action. Motion carried 5-0. 5. INTRODUCTIONS AND PRESENTATIONS 5.1. MWDSC/MWDOC Director's Report None. 6. PUBLIC COMMENTS None. 7. CONSENT CALENDAR Director Kiley made a motion, seconded by Director Hawkins, 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$1,325,162.15. 7.2. Terms and Conditions for Water and Sewer Service with YL West Estates, LLC, Parcel Map No. 2016-131 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with YL West Estates, LLC, Parcel Map No. 2016-131. 8. PUBLIC HEARING 8.1. 2016 Public Health Goals Report President Collett opened the Public Hearing at 8:32 a.m. Mr. Thomas explained that beginning in 1998, the State has required agencies with more than 10,000 service connections to prepare a Public Health Goals Report every 3 years if any water quality measurements exceed the Public Health Goals (PHG) or Maximum Contaminant Level Goals (MCLGs) established by the California Office of Environmental Health Hazard Assessment and US Environmental Protection Agency. Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 2 2016-179 • PHGs and MCLGs are not enforceable standards and no action is required to meet them. Only 5 water constituents were detected that exceeded the PHGs and MCLGs, those being: total coliform, copper, arsenic, uranium and gross alpha. None of them exceeded enforceable drinking water standards. Mr. Thomas then provided an overview of each of the above listed constituents, estimated treatments costs, and the District's water quality testing procedures. Staff is not recommending further treatment for these constituents at this time as they are below enforceable drinking water standards and methods are cost prohibitive or non-existent. President Collett opened the floor to public comments. None were provided. Mr. Thomas then responded to questions from the Board regarding the District's results in comparison to other agencies in Orange County, the limitations and capabilities of residential filter systems, and testing procedures for new wells. President Collett closed the Public Hearing at 8:51 a.m. Director Beverage made a motion, seconded by Director Hawkins, to receive and file the 2016 Public Health Goals Report. Motion carried 5-0. 9. ACTION CALENDAR 9.1. Election of Independent Special District of Orange County (ISDOC) Officers Mr, Micalizzi explained that ISDOC was conducting an election of officers for which there were currently two nominations for each position. The names of the candidates were listed on the ballot included in the agenda packet. Additionally, any elected or appointed official from a member district is eligible to run as a write-in candidate, however, they will need a resolution of support from their Board prior to being seated. Each member district is also entitled to one vote which must be cast by the District's presiding officer or an alternate selected by the Board. The Board then reviewed the ballot. Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 3 2016-180 Director Hawkins madea motion, seconded by Director Kiley, to vote for the following candidates in the ISDOC Election of Officers: President James R. Fisler, Director, Mesa Water District First VP Arlene Schafer, Assistant Secretary, Costa Mesa SD Second VP Doug Davert, President, East Orange County WD Third VP Dr. Allan Bernstein, President, OC Mosquito & Vector CD Motion carried 5-0. 9.2. Lease Agreement for Well 22 Site Mr. Thomas explained that staff had been working with OCWD to obtain a lease agreement for Well No. 22. The well site is located on property owned by OCWD and is adjacent to Huckleberry Pond in Anaheim. In lieu of compensation, water from Well No. 21 will be provided to OCWD at no cost. This water and the discharge water from both wells will not be subject to OCWD's Replenishment Assessment. The lease agreement was approved by OCWD's Board in September and will expire in 50 years. Should the agreement be approved by YLWD's Board, staff will move forward with hiring a consultant to prepare the CEQA document and the plans and specifications for drilling of the well. President Collett commended staff on their work and noted that the District had been had been working on this project for several years. Director Melton made a motion, seconded by Director Hawkins, to approve execution of a Lease Agreement between Orange County Water District and Yorba Linda Water District for Huckleberry Pond, Well No. 22. Motion carried 5-0. 9.3. Second Request for Letter of Support for City of Anaheim's Prop 1 Stormwater Improvement Grant Application — California Urban Rivers Grant Program Mr. Manzano explained that the City of Anaheim had requested a letter of support from the District for the City's Stormwater Improvement Grant Application to the California Urban Rivers Grant Program. The Board previously approved a similar letter for a separate grant which was addressed to the State Water Resources Control Board. Director Kiley made a motion, seconded by Director Hawkins, to direct the General Manager to execute the letter as presented and forward it to the City of Anaheim. Motion carried 5-0. Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 4 2016-181 10. DISCUSSION ITEMS 10.1. Scheduling Special Meeting to Participate in Municipal Market Disclosure Training Mrs. Lugo explained the importance of the Board and key staff's awareness of their responsibilities in regards to the disclosure process when issuing bonds. Following brief discussion, the Board determined to schedule a special meeting on October 17, 2016 at 9:00 a.m. to conduct this training. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. President's Report None. 11.2. Directors' Reports None. 11.3. General Manager's Report Mr. Marcantonio asked each of the managers or their designees to provide a report regarding activities within their respective departments. Mr. Manzano reported on the status of various construction projects including the Well 21 Equipping Project, Richfield Road Water Main Project, and Waterline Replacement Project. Mr. Marcantonio and Director Melton both commented on the benefits of the Well 22 project and the District's positive relationships with OCWD and other agencies. Mr. Martinez reported on current and historical water production trends and maintenance being performed on Wells 1 and 15. Mrs. Lugo stated that at the last Board meeting, a question had arisen regarding the projected annual cash flow savings associated with refunding the 2008 Certificates of Participation. She explained that when the Board was initially presented with the refunding opportunity in January, it was projected that the annual cash flow savings would be approximately $322K with a cumulative cash flow savingsof approximately $7.4M. At this time, it is projected that the annual cash flow savings will be approximately $326K with a cumulative cash flow savings of approximately $7.5M. She noted that these numbers were projections and that staff would not know the actual savings until the end of the refunding process. Mrs. Lugo then reported that staff had reviewed the draft Comprehensive Annual Financial Report (CAFR) and that Mr. Nitin Patel from White Nelson Diehl Evans would be attending the next Board Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 5 2016-182 meeting to present the finalized document to the Board. Mrs. Lugo also reported on the status of the line of credit and a training she had recently attended. She stated that staff would be working with Fieldman Rolapp to develop a debt management and disclosure policy and that a draft would be presented to the Board for review at the next meeting. She noted that pursuant to SB 1029, issuers of debt will now be required to have such a policy. Having at least a draft policy will also benefit the District during the upcoming review by rating agencies. Mr. Vega reported on the status of the lease agreement with Konica Minolta and the number of blocked threats during the previous and current month. Mr. Micalizzi reported on the status of statewide conservation, legislative affairs, and recent activities of the State Water Resources Control Board. He also stated that Mesa Water District and Costa Mesa Sanitary District were considering consolidation and that the question would be included on the November ballot. He then responded to questionsfrom the Board regarding water consumption trends. Ms. Cloonan reported that the District had received a $2K health and wellness grant from ACWA/JPIA which has been used to upgrade equipment in the District's gym. 11.4. General Counsel's Report None. 11.5. Future Agenda Items and Staff Tasks President Collett asked when the Board would like to consider the disposition of surplus revenue received from administrative penalties. Mr. Marcantonio suggested to wait until after the Governor's drought emergency declaration formally expired. He explained that these funds were still being utilized as the District was continuing to provide conservation related services and staff was in the process of reviewing penalty exemption requests for customers living in wildland-urban interface zones. Mrs. Lugo stated that the CAFR contained a statement indicating that these funds were restricted and could only be used for eligible expenses. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Collett / Melton) • ■ Next meeting is scheduled September 27, 2016 at 4:00 p.m. Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 6 2016-183 12.2. Joint Agency Committee with City of Yorba Linda (Collett / Beverage) • Minutes of the meeting held September 20, 2016 at 10:00 a.m. will be provided when available. • Next meeting yet to be scheduled. 12.3. Interagency Committee with City of Placentia and Golden State Water Co. (Collett / Kiley) • Next meeting is yet to be scheduled. 12.4. Citizens Advisory Committee , (Melton) • Next meeting is scheduled September 26, 2016 at 8:30 a.m. Director Melton indicated that Director Beverage would be attending this meeting on his behalf. 13. INTERGOVERNMENTAL MEETINGS The Directors and staff reported on their attendance at the following meetings. 13.1. WACO — September 9, 2016 (Hawkins/Kiley) 13.2. LAFCO — September 14, 2016 (Beverage —As Needed) Director Beverage did not attend this meeting. 13.3. YL Planning Commission — September 14, 2016 (Melton) 13.4. YL City Council — September 20, 2016 (Melton) Councilmember Hernandez reported on the planned construction of the new City library and responded to related questions from the Board. 13.5. MWDOC Board — September 21, 2016 (Melton) 13.6. OCWD Board — September 21, 2016 (Kiley) 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from September 23, 2016 — October 31, 2016 The Board reviewed the activity calendar and made no changes. Minutes of the YLWD Board of Directors Regular Meeting Held September 22;2016 at 8:30 a.m. 7 2016-184 15. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 15.1. ISDOC — September 29, 2016 OCSD State of the District — October 14, 2016 CRWUA Annual Conference -- December 7-9, 2016 Director Hawkins made a motion, seconded by Director Kiley, to approve • Director attendance at these events if desired. Motion carried 5-0. 16. CLOSED SESSION The meeting was adjourned to Closed Session at 9:44 a.m. All Directors in attendance were present. Also present were Messrs. Gagen, Marcantonio, and Micalizzi. 16.1. Conference with Legal Counsel — Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) 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) 16.2. Conference with Legal Counsel — Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Irvine Ranch Water District vs. Orange County Water District (OC Superior Court — Case No. 00858584) 16.3. Conference with Legal Counsel — Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: City of Anaheim et al. vs. Cohen et al. (3rd Appellate District — Case No. C081918, OC Superior Court — Case No. 34-2013-80001529) Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 8 2016-185 16.4. Conference with Legal Counsel — Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: City of Yorba Linda vs. Nicola Saba, et al. (OC Superior Court— Case No. 00847807) 16.5. Conference with Legal Counsel — Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: City of Yorba Linda vs. Harry Schlitz, et al. (OC Superior Court — Case No. 00847840) Messrs. Gagen, Marcantonio and Micalizzi left the Closed Session prior to discussion of the following matter. 16.6. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 10:21 a.m. Mr. Gagen reported that during Closed Session, the Board had voted unanimously to approve settlement agreements with the City of Yorba Linda in. relation to Item Nos. 16.4. and 16.5. No other action was taken during Closed Session that was required to be reported under the Brown Act. 17. ADJOURNMENT 17.1. The meeting was adjourned at 10:22 a.m. The next Regular Board of Directors Meeting will be held Thursday, October 13, 2016 at 8:30 a.m. Annie Alexander Assistant Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held September 22,2016 at 8:30 a.m. 9