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HomeMy WebLinkAbout2013-06-13 - Board of Directors Meeting Minutes 2013-110 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 13, 2013, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The June 13, Regular Meeting 2013 Re ular Meetin of the Yorba Linda Water District Board of Directors was called to order by President Melton 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 Melton led the pledge. 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Gary T. Melton, President Steve Conklin, Acting General Manager rY 9 9 Robert R. Kiley, Vice President John DeCriscio, Operations Manager Michael J. Beverage Gina Knight, HR/Risk Manager Ric Collett Stephen Parker, Finance Manager Phil Hawkins Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Cindy Botts, Management Analyst Anthony Manzano, Senior Project Manager Damon Micalizzi, Public Information Officer ALSO PRESENT Gene Hernandez, Councilmember, City of Yorba Linda Bill Nelson, Director, California Special Districts Association Art Kidman, Partner, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee Daniel Langhorne, Reporter, Orange County Register- North County Bureau 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested to remove Item No. 7.5. from the Consent Calendar for separate action and to defer consideration of Item No. 8.4. to the next regular Board meeting. Director Beverage requested that consideration of Item Nos. 8.1., 8.2. and 8.3. also be deferred as they were directly related to the draft budget. Director Kiley expressed his disappointment with the delay in the budget process as well as responses to budget related questions contained in a staff memo that was copied to the Board the previous evening. 1 2013-111 Director Beverage expressed his concern regarding few questions he had g 9 a q previously put forward related to salary and benefit numbers contained in the draft budget and the transfer of unused funds into reserves. He further noted that there might not be enough time to address these matters prior to the next regular Board meeting. President Melton asked if the Board desired to schedule another workshop meeting to discuss the draft budget and if they did, if it would it be alright if the final budget wasn't adopted before the end of the current fiscal year. Following brief discussion, it was the consensus of the Board to schedule a workshop meeting for this purpose. The specific date and time will be determined shortly. Mr. Conklin offered his apologies to the Board and explained that staff would like the opportunity to address the Directors' comments and concerns appropriately. President Melton recommended that the Finance-Accounting Committee review the draft budget in additional detail. Director Beverage suggested that the Board consider returning to a 2-year budget cycle versus a 1-year. Director Collett asked if it was necessary for the Board to take a vote to remove the budget related items from the agenda. It was determined that it would not be necessary. 5. PUBLIC COMMENTS Mr. Nelson introduced himself and stated that he was currently serving as a Trustee for the Orange County Cemetery District as well as a Director for the California Special Districts Association (CSDA). He explained that he would like to respectfully ask for the Board's support for his reelection as a Region 6 representative on the CSDA Board of Directors. Information regarding his background and experience was included with the ballots mailed the previous week. Director Hawkins noted that Director Nelson's opponent for this seat as well as the individuals currently serving in the other two Region 6 seats were all from San Diego County. President Melton thanked Director Nelson for his comments. Mr. Conklin stated that the ballot for this election would be discussed at the next Executive-Administrative-Organizational Committee meeting. 6. COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Beverage) • Minutes of the meeting held May 20, 2013 at 8:30 a.m. were provided in the agenda packet. Mr. Mole addressed the Board and reported that the majority of the meeting was spent discussing the draft budget. He expressed his concerns related to the budgeted and forecasted numbers for salary related expenses and stated that 2 2013-112 he felt the projected increase in construction costs for capital improvement projects was too low. He also expressed his continuing concern regarding meeting attendance as only 7 Committee members were present. President Melton thanked Mr. Mole for his comments and expressed his appreciation for the time the Committee was taking to review the draft budget. Director Kiley requested that the Committee members forward their budget related questions to Mr. Conklin so they could be addressed during the remainder of the review process. • Next meeting is scheduled to be held June 24, 2013 at 8:30 a.m. 7. CONSENT CALENDAR Director Beverage made a motion, seconded by Director Collett, to approve the Consent Calendar (with the exception of Item No. 7.5.). Director Collett abstained from voting on a payment made to Placentia Disposal as listed on the Credit Card Summary in Item No. 7.2. as he has a financial interest with the vendor. Motion carried 5-0. 7.1. Minutes of the Board of Directors Regular Meeting held May 23, 2013 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,542,058.02. 7.3. Progress Payment No. 2 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 2 in the net amount of $128,380.30 to ECI, Inc. for construction of the Yorba Linda Blvd. Pump Station Project, Job No. 2008- 178. 7.4. Progress Payment No. 4 for the 2012 Waterline Replacement Project, Phase II Recommendation: That the Board of Directors approve Progress Payment No. 4 in the net amount of $296,514.20 to TBU, Inc. for construction of the 2012 Waterline Replacement Project, Phase II, Job No. 2011-20. 3 2013-113 7.6. Agreement with Yorba Linda Country Club Recommendation: That the Board of Directors authorize approval and execution of the "Agreement for Construction of Improvements and Granting of Easements," between Yorba Linda Country Club and Yorba Linda Water District. 7.7. First Amendment to OCTA Settlement Agreement Recommendation: That the Board of Directors approve execution of the First Amendment to Settlement Agreement and Mutual Release between OCTA and YLWD for the Lakeview Grade Separation Project. 7.8. Unaudited Financial Statements for the Period Ending March 31, 2013 • Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Period Ending March 31, 2013. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.5. Declaration of Restrictive Covenants with Stanley and Faye Schneider Mr. Conklin explained that staff just recently became aware that Stanley Schneider had passed away and the subject property had been deeded to his son, Robert Schneider. As such, the Declaration would need to be revised to reflect the name of the new property owner. Execution of this document has become necessary as Mr. Schneider is planning to replace an existing fiberglass spa with a. concrete spa inside a dedicated sewer easement. Mr. Kidman stated that he didn't think there was any legal issue involved with changing the name on the Declaration. Director Kiley stated that the Planning-Engineering-Operations Committee had reviewed this matter;at its last meeting and recommended Board approval. Director Kiley made a motion, seconded by Director, Hawkins, to authorize the President and Secretary to execute the Declaration of Restrictive Covenants with Robert Schneider. Motion carried 5-0. 8. ACTION CALENDAR Item Nos. 8 1. through 8.4, were deferred to a future Board meeting. 8.1. Financial Reserves Policy for FY 2013/14 8.2. Appropriations Limit for FY 2013/14 8.3. Proposed Budgeted Positions for Fiscal Year 2013/14 8.4_ Proposed Budget for FY 2013/14 4 2013-114 8.5. Fats, Oils and Grease (FOG) Discharge Permit Fees Mr. Conklin explained that the Board had passed a resolution in 2008 establishing FOG fees. Since that time, staff has implemented various efficiencies resulting in a significant reduction in costs to administer the program. As such, staff is recommending the elimination and reduction of some fees. The Finance-Accounting Committee considered this matter at its most recent meeting. President Melton recused himself from voting on this matter. Director Collett made a motion, seconded by Director Hawkins, to approve Resolution No. 13-11 Adopting Fats, Oils and Grease Fees. Motion carried 4-0 on a Roll Call vote. 8.6. MWDOC Smart Timer Agreement for FY 2013/15 Mr. Conklin explained that the District had the option to renew its agreement for participation in a MWDOC sponsored Smart Timer rebate program. MWDOC has requested that the Board consider approval of this agreement prior to the end of the current fiscal year. The draft budget for FY 2013/14 currently includes a total of $5,000 for participation in various rebate programs offered by MWDOC. Staff is estimating that no more than $2,500 will be needed each year based on historical financial data and is recommending execution of the agreement assuming that the funds are included in the final approved budget for the next fiscal year. Director Hawkins asked for clarification that staff was requesting Board approval to include the funding for this agreement in next year's budget subject to the approval of next year's budget. Mr. Conklin concurred that this was what staff was requesting. Director Kiley made a motion, seconded by Director Collett, to execute the renewal of MWDOC's SmartTimer Rebate Agreement for FY 2013/15. Motion carried 5-0. 8.7. Request for Review of ISDOC Bylaw Amendments • Mr. Conklin explained that ISDOC has requested each of its member agencies to consider proposed amendments to the organization's bylaws. Changes in state law and other factors have prompted their Executive Committee to review and recommend revisions to ISDOC's bylaws since they were last adopted in 2002. This matter was reviewed by the Executive-Administrative-Organizational Committee who had no comments and requested staff to present the request to the full Board for consideration. Director Collett made a motion, seconded by Director Hawkins, to approve the proposed amendments to the ISDOC bylaws. Motion carried 5-0. 5 2013-115 9. DISCUSSION ITEMS 9.1. CA Department of Water Resources Bay Delta Conservation Plan Video Presentation President Melton explained that he had requested that this video be provided to the Board as he thought that it was very informative. The video was then viewed by the Board and audience. Following the video presentation, Director Beverage suggested that it be shown to the Citizens Advisory Committee. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report President Melton did not have any comments at this time. 10.2. Directors'Report Director Collett commented on the low snowpack levels he had observed during a recent trip to the Oroville/Shasta area. 10.3. Acting General Manager's Report Mr. Conklin reminded the Board of the two joint agency committee meetings scheduled the following week, one with the City of Placentia and the other with the City of Yorba Linda. Both meetings will be held at the District's offices. He also reminded the Board of the District facilities tour scheduled the same week.. Invitations to attend the tour have been extended to officials and executive staff at both city agencies. Mr. Conklin then reported on the status of the OCWD annexation process and stated that he had attended 4 different meetings during the week at which the matter was discussed The Environmental Impact Report is moving forward, comment letters have been received, and the plan is to submit responses by the end of July with the document being presented to the OCWD Board for consideration in August. He noted that all 10 OCWD Directors were present at the Water Issues Committee meeting held the previous day and that it seemed that they would like to see the producers come to an agreement in regards to this issue. Director Collett suggested that it might be helpful to have District officials meet with other agency officials to discuss YLWD's reasons for seeking annexation. Mr. Conklin then asked Mr. DeCriscio to brief the Board regarding a few repair projects being handled by the Operations department. Mr. DeCriscio explained that the District's hydro-excavator was in need of some significant emergency repairs at a cost of approximately $36K. In accordance with the District's purchasing policy, staff would like to notify the Board that monies will be transferred from the water emergency reserve fund. in order to cover the cost. The equipment should be back in service in about 3 weeks. Mr. DeCriscio further stated that in early June, a resident had reported a water leak in the street on Alder Avenue. Staff pressure tested the line and is currently working on identifying the location.. 6 . • • • 2013-116 of the leak. Mr. DeCriscio then responded to questions from the Board regarding the size of the leak and the methods staff was utilizing to try and locate the leak. Mr. Conklin continued his report and stated that the pipeline work on Richfield Road was about finished, work will begin on Hidden Hills Road next week and work on the new pump station on Yorba Linda Blvd is ahead of schedule. Several meetings and interviews related to the Organizational & Efficiency Study were conducted the previous week. Staff is involved with completing position description questionnaires which will be provided to the consultant at the end of the month. Koff & Associates will be back to conduct additional meetings on July 17-18, 2013. The new meter installation at the Placentia-Yorba Linda Hospital will be completed shortly. The District's legal counsel has been working with the hospital's legal counsel in regards to this matter. 10.4. General Counsel's Report Mr. Kidman provided additional comments on the OCWD annexation issue, the history of the City of Newport Beach's detachment and re- annexation to OCWD, and the concerns surrounding the IRWD annexation. He then stated that a Closed Session would be needed and that Mr. Gagen was in attendance to provide a report to the Board regarding pending litigation. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS CONTINUED 11.1. Executive-Administrative-Organizational Committee (Melton/Kiley) • Minutes of the meeting held May 21, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held June 25, 2013 at 12:00 p.m. 11.2. Finance-Accounting Committee (Hawkins/Melton) • Minutes of the meeting held May 31, 2013 at 8:30 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held June 28, 2013 at 8:00 a.m. 7 2013-117 11.3. Personnel-Risk Management Committee (Collett/Beverage) • Minutes of the meeting held May 14, 2013 at 8:30 a.m. were provided in the agenda packet. • Minutes of the meeting held June 11, 2013 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held July 9, 2013 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Kiley/Hawkins) • Minutes of the meeting held June 6, 2013 at 3:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 8, 2013 at 4:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Beverage/Collett) • Minutes of the meeting held May 22, 2013 at 3:00 p.m. were provided in the agenda packet. • Minutes of the meeting held June 3, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 1, 2013 at 4:00 p.m. 11.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage/Hawkins) • Meeting held June 5, 2013 at 3:00 p.m. Director Beverage noted that the Committee had met with Koff & Associates to discuss their concerns in relation to the study. The meeting scheduled June 18, 2013 at 2:00 p.m. will be conducted via conference call. The consultant will be providing the committee with a list of proposed comparator agencies. A face to face meeting has also been scheduled for July 17, 2013 at 3:00 p.m. Once available, the first draft of the study will be presented to the Board at a workshop meeting. • Next meeting scheduled to be held June 18, 2013 at 2:00 p.m. • • 8 • • 2013-118 11.7. YLWD-City of Placentia Joint Agency Committee (Melton/Hawkins) • Next meeting is scheduled to be held June 17, 2013 at 9:30 a.m. 11.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley/Beverage) • Next meeting is scheduled to be held June 19, 2013 at 6:00 p.m. 11.9. YLWD-MWDOC-OCWD Joint Agency Committee (Beverage/Melton) • Minutes of the meeting held May 28, 2013 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held July 23, 2013 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL City Council/Planning Commission — May 28, 2013 (Kiley) Director Kiley attended and commented on 2 presentations provided during meeting regarding the California Main Street Program and the Town Center Site Plan. Councilmember Hernandez responded to questions from the Board related to the signage and proper name for the Town Center/Yorba Linda Commons. 12.2. YL Planning Commission — May 29, 2013 (Hawkins) Director Hawkins attended and noted that the majority of the discussion during the meeting centered on the Historic Preservation Ordinance. 12.3. ISDOC — May 30, 2013 (Hawkins/Kiley) Directors Hawkins and Kiley attended and mentioned that the featured speaker, Nick Berardino, General Manager of the OC Employees Association, was very entertaining. 12.4. YL City Council — June 4, 2013 (Kiley) Director Kiley attended and reported that the bulk of the meeting focused on the draft budget. 12.5. MWDOC/MWD Workshop — June 5, 2013 (Melton/Staff) Director Melton attended and commented on MWDOC's water sales and lowered expenses which were discussed during the meeting. 12.6. OCWD Board — June 5, 2013 (Kiley) Director Kiley attended but did not have any District related business to report. 9 2013-119 12.7. WACO — June 7, 2013 (Hawkins/Kiley) Directors Hawkins and Kiley attended and commented on 2 different presentations provided during the meeting. One focused on Southern California Edison's preparations for the upcoming summer and the other was concerning the Diemer Treatment Plant. Director Kiley suggested that staff contact MWDOC to see if they would be willing to provide their presentation regarding the Diemer Plant to the Citizens Advisory Committee. 12.8. YL Planning Commission — June 12, 2013 (Melton) Director Melton attended and mentioned that an interesting presentation was provided by Brandywine Homes regarding a residential development on Richfield Road and Yorba Linda Blvd. A public hearing regarding an amendment to the Housing Element of the General Plan was also held during the meeting. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from June 14, 2013 — July 31, 2013 The Board reviewed the activity calendar and made no changes. 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1. Interview Sessions with Koff & Associates for Organizational & Efficiency Study— June 4-5 & 10, 2013 (Ratify Director attendance.) OCWD 80th Anniversary Reception — June 21, 2013 UWI Annual Conference —August 14-16, 2013 Directors Collett and Kiley expressed an interest in attending the OCWD reception. Director Kiley also expressed in interest in attending the UWI Conference. Director Hawkins made a motion, seconded by Director Collett, to ratify and authorize Director attendance at the above listed events. Motion carried 5-0. 15. CLOSED SESSION The meeting was adjourned to Closed Session at 9:53 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman, and Gagen. 15.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code 10 2013-120 Name of Case: ACWA/JPIA, et al vs. Insurance Company of the State of Pennsylvania, et al (OCSC — Case No. 00486884) 15.2. 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 Line Break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 15.3. 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 written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One The Board reconvened in Open Session at 11:00 a.m. President Melton announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 16. ADJOURNMENT 16.1. The meeting was adjourned at 11:01 a.m. A Board of Directors Workshop Meeting to conduct a tour of District facilities has been scheduled for Thursday, June 20, 2013 at 8:00 a.m. The next Regular Board of Directors Meeting will be held Thursday, June 27, 2013 at 8:30 a.m. Steven R. Conklin Board Secretary 11