Loading...
HomeMy WebLinkAbout2012-10-25 - Board of Directors Meeting Minutes 2012-189 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 25, 2012, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The October 25, 2012 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Hawkins at 8:33 a.m. The meeting was held in the Board Room at the District's Administrative Building located at 1717 East Miraloma Avenue in Placentia, California 92870. 2. PLEDGE OF ALLEGIANCE President Hawkins led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Steve Conklin, Acting General Manager Gary T. Melton, Vice President Gina Knight, HR/Risk Manager Michael J. Beverage Lee Cory, Operations Manager Ric Collett Stephen Parker, Finance Manager Robert Kiley Art Vega, Interim IT Manager Annie Alexander, Executive Secretary ALSO PRESENT Damon Micalizzi, Public Information Officer Brett Barbre, Director, MWDOC Nancy Rikel, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested to add the following item to the Closed Session section of the agenda as there was a need to take immediate action on this item and the need for action came to staff's attention subsequent to the agenda being posted. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: OCTA vs. YLWD (OC Superior Court — Case No. 00606042) Mr. Kidman clarified that while Item No. 14.2. was related to this matter and had been listed on the agenda, it was identified as "Anticipated Litigation." Now that a complaint had been filed, the matter needed to be identified as "Pending Litigation." 1 2012-190 Director Collett made a motion, seconded by Director Melton, to add the above item to the Closed Session section of the agenda as Item No. 14.4. Motion carried 5-0. 5. PUBLIC COMMENTS Director Barbre addressed the Board and commented on a PowerPoint presentation he had received from MWDOC regarding financing for the Bay Delta Conservation Plan. He offered to have a representative from MWDOC come and provide a presentation to the Board regarding this matter if desired. He mentioned that there would be a substantial impact on the water rates if the project was to be implemented. Director Beverage asked Director Barbre if he could include a brief summary of this matter in the presentation he would be providing at the next YLWD Citizens Advisory Committee meeting. Director Barbre responded that he would be happy to do so and suggested that the PowerPoint presentation be forwarded to the Committee members along with the agenda for the upcoming meeting. Director Barbre then briefly commented on the possibility of MWDOC taking over the full operations and maintenance duties for the State Water Project. 6. CONSENT CALENDAR Director Collett made a motion, seconded by Director Kiley, to approve the Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on Check No. 60095 on Item No. 6.2. as he has a financial interest with the vendor. 6.1. Minutes of the Board of Directors Regular Meeting Held October 11, 2012 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$537,489.19. 7. ACTION CALENDAR 7.1. Amendments to the District's Conflict of Interest Code Mr. Conklin explained that the Political Reform Act required every local government agency to review its Conflict of Interest Code biennially and to notify the code reviewing body, which for the District is the Orange County Board of Supervisors, if their current code is accurate or if it requires amendment. Staff has reviewed the District's code and identified a few minor changes which have been reviewed by legal counsel and are noted in the agenda report. 2 2012-191 111 Director Collett made a motion, seconded by Director Melton, to approve Resolution No. 12-26 Adopting a Conflict of Interest Code for the Yorba Linda Water District. Motion carried 5-0 on a roll call vote. 7.2. ISDOC Quarterly Meeting and Election of Executive Committee for 2013/14 Mr. Conklin explained that in conjunction with its regular quarterly meeting in November, ISDOC will be conducting an election of its Executive Committee. ISDOC has requested that the Board designate in writing one primary representative and one alternate representative to vote in the election on the District's behalf at this meeting. The Executive- Administrative-Organizational Committee discussed this matter at its most recent meeting and has recommended that Director Kiley be designated as the District's primary representative and Director Hawkins as the alternate representative. Director Beverage made a motion, seconded by Director Melton, to designate Director Kiley as the primary representative and Director Hawkins as the alternate representative to vote on the District's behalf in the election of ISDOC's Executive Committee. Director Kiley confirmed that he would be available to attend this meeting. Motion carried 5-0. 8. DISCUSSION ITEMS 8.1. Consider Rescheduling Board of Directors Regular Meetings on Thursday, December 13, 2012 and Thursday, December 27, 2012 Mr. Conklin explained that it had been suggested that these Board meetings be rescheduled due to conflicts with other conferences and events. Following brief discussion, it was decided to reschedule these Board meetings to the first and third Thursday's in December (December 6, 2012 and December 20, 2012) at 8:30 a.m. Consider Rescheduling Finance-Accounting Committee Meeting on Monday, December 24, 2012 Director Hawkins stated that he and Director Kiley would work with staff on rescheduling this Committee meeting. Consider Scheduling Board of Directors Workshop Meetings on Monday, January 14, 2013 from 9:00 a.m. to 12:00 p.m. and Tuesday, January 29, 2013 from 9:00 a.m. to 12:00 p.m. (Facilitated by Liebert Cassidy Whitmore.) 3 2012-192 Mr. Conklin explained that while these workshops were being scheduled for management and supervisory staff, he wanted to afford the Director's the opportunity to attend if they so desired. Mrs. Knight stated that the proposed topics of the 3-hour workshops were "Managing the Marginal Employee" and "Conducting and Preparing Performance Evaluations." Director Beverage stated that the Personnel-Risk Management Committee had previously discussed the possibility of Director attendance at these workshops and suggested that this matter be brought to the Board for consideration. Mr. Conklin then noted that the Planning-Engineering-Operations Committee meeting on December 6, 2012 may need to be rescheduled as it conflicted with the Board of Directors meeting now scheduled that same day. Director Hawkins suggested that the Committee members could work together to reschedule this meeting. 9. REPORTS, INFORMATION ITEMS. AND COMMENTS 9.1. President's Report President Hawkins stated that he would not be in attendance at the next regular Board meeting. 9.2. Directors' Report • OC Water Use Efficiency Master Plan Stakeholder Workshop — October 15, 2012 (Kiley) Director Kiley reported on his attendance at this event and stated that this would be the first of three such workshop meetings over the next year. The next meeting is scheduled in January. • Yorba Linda Mayor's Prayer Breakfast — October 18, 2012 (Hawkins/Kiley/Melton) Directors Hawkins, Kiley and Melton reported on their attendance at this event and noted that the speaker was very inspirational. • OCWD Groundwater Adventure Tour— October 18, 2012 (Collett) Director Collett reported on his attendance of this tour and commented on the amount of work being conducted behind the Prado Dam related to nitrate removal. • ACWA/JPIA Harassment Prevention for Managers Training — October 24, 2012 (Collett) Director Collett was unable to attend this training due to traffic issues. 4 2012-193 9.3. Acting General Manager's Report Mr. Conklin reported that he had been able to attend the last Citizens Advisory Committee meeting at which representatives from the Orange County Fire Authority (OCFA) provided a presentation. Directors Beverage and Kiley were also in attendance as well as Councilmember Rikel and Mr. Mark Stowell from the City of Yorba Linda. There weren't as many members from the public in attendance as staff had initially expected. Mr. Conklin briefly commented on the suggestions provided by OCFA related to "hardening" and protecting a home from fire. Mr. Conklin also reported that he had attended the recent dedication of OCWD's Miraloma Recharge Basin Facility at which he had a good opportunity to interact with Directors and staff from their agency. Staff is expecting to receive feedback from OCWD regarding the District's draft site lease agreement for Well 21 sometime soon. Mr. Conklin then stated that the Benefits Fair had been a success and that the District would be participating in the upcoming Yorba Linda Fiesta Days Parade on November 10, 2012. 9.4. General Counsel's Report None. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Hawkins/Melton) Minutes of the meeting held October 15, 2012 at 4:00 p.m. were provided in the agenda packet. Next meeting is scheduled November 19, 2012 at 4:00 p.m. 10.2. Finance-Accounting Committee (Kiley/Hawkins) Minutes of the meeting held October 24, 2012 at 1:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled November 26, 2012 at 4:00 p.m. 5 2012-194 10.3. Personnel-Risk Management Committee (Beverage/Collett) Minutes of the meeting held October 9, 2012 at 4:00 p.m. were provided in the agenda packet. Minutes of the meeting held October 23, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled November 13, 2012 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Collett/Kiley) Minutes of the meeting held October 4, 2012 at 3:00 p.m. were provided in the agenda packet. Next meeting is scheduled November 1, 2012 at 3:00 p.m. 10.5. Public Affairs-Communications-Technology Committee (Melton/Beverage) Minutes of the meeting held October 24, 2012 at 4:00 p.m. will be provided at the next regular Board meeting. Next meeting is scheduled November 5, 2012 at 4:00 p.m. 10.6. YLWD-MWDOC-OCWD Joint Agency Committee (Hawkins/Beverage) Next meeting is scheduled November 27, 2012 at 4:00 p.m. 10.7. Citizens Advisory Committee (Beverage) Minutes of the meeting held October 22, 2012 at 8:30 a.m. will be provided at the next regular Board meeting. Next meeting is scheduled November 26, 2012 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL City Council — October 16, 2012 (Melton) Director Melton attended but did not have any District related business to report. 6 2012-195 11.2. MWDOC Board — October 17, 2012 (Melton/Staff) Director Melton attended but did not have any District related business to report. Director Hawkins asked if Col. John Foley had been re-elected as Board Chair for MWD. Director Barbre responded that Col. Foley had been and that everyone was very pleased with the result. 11.3. OCWD Board — October 17, 2012 (Kiley/Staff) Director Kiley attended but did not have any District related business to report. 11.4. YL Planning Commission — October 24, 2012 (Collett) Director Collett attended and commented on a Conditional Use Permit for construction of a new residence in the Hidden Hills area that was destroyed in the Freeway Complex Fire which as discussed during the meeting. Director Collett stated that the Commission would be conducting a review of additional parking for the new Sheriffs substation during the next two meetings. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 111 12.1. Meetings from October 26, 2012 — November 30, 2012 The Board reviewed the activity calendar and made no additional changes. Councilmember Rikel left the meeting at this time. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. ACWA/JPIA Harassment Prevention for Managers Training — October 24, 2012 (Ratify Director Collett's attendance.) (Ratification of Director Collett's attendance at this training was not necessary as he was unable to attend.) DWR/NWRI Drought Response Workshop — November 6, 2012 Director Kiley expressed an interest in attending this workshop. Director Barbre briefly responded to questions from Director Collett on conflicting reports regarding the expectation of a "dry" winter versus a "wet" winter. Director Melton made a motion, seconded by Director Collett, to authorize Director attendance at the workshop on November 6, 2012. Motion carried 5-0. 7 2012-196 On a motion by Director Beverage, seconded by Director Kiley and unanimously approved by the Board, the Board of Directors meeting was adjourned to the Public Financing Corporation Special meeting at 9:03 a.m. (Minutes of the Public Financing Corporation meeting have been recorded separately.) On a motion by Director Beverage, seconded by Director Collett, the Public Financing Corporation meeting was adjourned and the Board of Directors meeting was reconvened at 9:05 a.m. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:05 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) Name of Case: MAMCO, Inc. vs. Yorba Linda Water District (OC Superior Court— Case No. 00595177) 14.2. Conference with Legal Counsel —Anticipated Litigation Pursuant to Subdivision (b) of Section 54956.9 of the California Government Code Number of Potential Cases: One Existing Facts and Circumstances under Section 54956.9(b)(3)(B): Dispute with Orange County Transportation Authority over payment of cost to relocate District water pipelines to make way for construction of Lakeview Avenue overcrossing of ATSF rail tracks and Orangethorpe Avenue. (The following item was previously added to the agenda and taken out of order.) 14.4. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: OCTA vs. YLWD (OC Superior Court — Case No. 00606042) Messrs. Conklin and Beltran left the Closed Session at this time. 8 2012-197 ' 14.3. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: Acting General Manager The Board reconvened in Open Session at 10:05 am. President Hawkins 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 10:05 am. The next regular meeting of the Board of Directors will be held Thursday, November 8, 2012 at 8:30 a.m. Annie Alexander Assistant Secretary 1 9