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HomeMy WebLinkAbout2014-04-24 - Board of Directors Meeting Minutes2014 -075 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 24, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 24, 2014 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Kiley 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 Kiley led the pledge. 3. ROLL CALL DIRECTORS PRESENT Robert R. Kiley, President Ric Collett, Vice President Michael J. Beverage Phil Hawkins Gary T. Melton ALSO PRESENT STAFF PRESENT Steve Conklin, Acting General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources / Risk Manager Delia Lugo, Finance Manager Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Anthony Manzano, Senior Project Manager Damon Micalizzi, Public Information Officer Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP 4. ADDITIONS /DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR Director Melton made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Director Beverage requested to remove Warrant No. 63249 from Item No. 6.5. for separate action. Motion carried 5 -0 to approve the remainder of the Consent Calendar. 1 2014 -076 6.1. Minutes of the Board of Directors Special Meeting held April 7, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Special Meeting held April 8, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Minutes of the Board of Directors Regular Meeting held April 10, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 6.4. Minutes of the Board of Directors Special Meeting held April 14, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 6.5. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,343,482.40 (with the exception of Warrant No. 63241). 6.6. Progress Payment No. 1 for the Well 21 Drilling Contract Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $181,646.65 to Bakersfield Well and Pump, Co. for Drilling of Well No. 21, Job No. 2009 -22. 6.7. Construction Contract for the Deville Dr. Waterline Extension Recommendation: That the Board of Directors award the Construction Contract for the Deville Dr. Waterline Extension for $43,500 to Valverde Construction, Inc. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 6.5. Payments of Bills (Warrant No. 63241) Director Beverage commented on the circumstances related to this customer refund. He suggested that the Board consider reimbursing the customer for the cost of the plumber in addition to the amount that was being refunded. This proposal will be presented to the Finance - Accounting Committee for consideration. 2 2014 -077 Director Beverage made a motion, seconded by Director Hawkins to approve Warrant No. 63241. Motion carried 5 -0. 7. ACTION CALENDAR 7.1. Request to Sign Letter to MWDOC Regarding Proposed Budget for FY 2014/15 Mr. Conklin explained that several south Orange County water agencies had expressed concerns regarding MWDOC's proposed budget for FY 2014/15. YLWD and other MWDOC member agencies that are not south county agencies have been invited to be included as signers of a letter summarizing these concerns. A copy of this letter was included in the agenda packet. Mr. Conklin further explained that Mesa Water District had prepared a separate letter in support of MWDOC's proposed budget for consideration by the YLWD Board and the Board of Directors of the East Orange County Water District and the Mesa Water District. A copy of this letter was distributed at the meeting. Director Barbre then commented on this matter and encouraged the Board to execute the second letter in favor of MWDOC's proposed budget for FY 2014/15. Brief discussion followed. Director Melton made a motion, seconded by Director Kiley, to authorize the Acting General Manager to execute the letter addressed to MWDOC in favor of its proposed Budget for FY 2014115. Motion carried 5 -0. Director Hawkins suggested that the opening of the letter be slightly revised from "We (the undersigned)..." to "As the 3 special districts in the basin..." or something similar. Mr. Conklin indicated this could be done and that each signing agencies logo would be included in the signature block of the letter. 7.2. ACWA/JPIA Commitment to Excellence Mr. Conklin explained that ACWA/JPIA had requested that the Board of Directors' and General Manager execute a "Commitment to Excellence" certificate. Execution of this document would signify the District's commitment to consistent, cost effective and broadest possible affordable insurance coverage and the implementation of best practices in order to reduce the potential and frequency of claims. Director Collett made a motion, seconded by Director Hawkins, to execute ACWA/JPIA's "Commitment to Excellence" certificate on behalf of the District. Motion carried 5 -0. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report President Kiley did not have any comments at this time. 3 7 2014 -078 8.2. Directors' Report Director Melton reported that he had recently attended a Yorba Linda Chamber of Commerce Mixer at which several public safety agencies were recognized. 8.3. Acting General Manager's Report Mr. Conklin reported on the status of construction on the 2012 Pipeline Replacement Project and the Yorba Linda Booster Station Project. He noted that the new pipeline on Yorba Linda Blvd would soon be cleaned and flushed to prepare it for service. Mr. Conklin then reported on the status of drilling Well 21, the District's request for annexation to OCWD, and recent developments related to AB 2712 and the Turf Removal Demonstration Project. Mr. Conklin invited the Board to attend the annual employee picnic on May 17, 2014 at the Yorba Regional Park. Mr. DeCriscio then provided a brief report on recent activities in the Production Division. 8.4. General Counsel's Report Mr. Kidman did not have any comments at this time. 8.5. Future Agenda Items and Staff Tasks None. COMMITTEE REPORTS 9.1. Executive - Administrative- Organizational Committee (Kiley / Collett) ■ Minutes of the meeting held April 14, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held May 12, 2014 at 4:00 p.m. 9.2. Finance - Accounting Committee (Hawkins / Beverage) ■ Next meeting is scheduled to be held April 28, 2014 at 4:00 p.m. 9.3. Personnel -Risk Management Committee (Hawkins / Melton) ■ Minutes of the meeting held April 1, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held May 6, 2014 at 4:00 p.m. 12 2014 -079 9.4. Planning- Engineering- Operations Committee (Melton / Beverage) ■ Minutes of the meeting held April 15, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held May 1, 2014 at 4:00 p.m. 9.5. Public Affairs - Communications - Technology Committee (Collett / Kiley) ■ Minutes of the meeting held April 17, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held May 5, 2014 at 4 :00 p.m. (This meeting was subsequently rescheduled to May 14, 2014 at 4:00 p.m.) 9.6. Organizational Performance Review Ad Hoc Committee (Beverage / Hawkins) ■ Next meeting is yet to be scheduled. 9.7. YLWD -City of Placentia Joint Agency Committee (Beverage / Melton) ■ Next meeting is scheduled to be held May 12, 2014 at 10:00 a.m. 9.8. YLWD -City of Yorba Linda Joint Agency Committee (Kiley / Collett) ■ Minutes of the meeting held April 22, 2014 at 5:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is yet to be scheduled. (This meeting was subsequently scheduled for June 24, 2014 at 5:00 p.m.) 9.9. YLWD - MWDOC -OCWD Joint Agency Committee (Kiley / Beverage) ■ Next meeting is scheduled to be held May 27, 2014 at 4:00 p.m. 9.10. Citizens Advisory Committee (Kiley) ■ Next meeting is scheduled to be held April 28, 2014 at 8:30 a.m. 5 2014 -080 10. INTERGOVERNMENTAL MEETINGS 10.1. WACO —April 4, 2014 (Kiley /Hawkins) Director Hawkins attended and commented on two presentations provided at the meeting. 10.2. YL LMCAC — April 10, 2014 (Beverage) Director Beverage attended and noted that the chair of the committee had provided a status report to the City Council at its meeting held April 15, 2014. 10.3. YL City Council — April 15, 2014 (Kiley) Director Kiley was unable to attend this meeting. 10.4. MWDOC Board — April 16, 2014 (Melton) Director Melton attended and noted that the Board had voted 6 -1 on pursuing CSDA's District Transparency Certificate of Excellence. 10.5. OCWD Board — April 16, 2014 (Collett) Director Collett attended and commented on the agency's proposed budget and developments related to AB 2712 which were discussed during the meeting. 10.6. YL Planning Commission —April 23, 2014 (Melton) Director Melton attended and noted that the meeting had been a joint special study session with the YL Traffic Commission to discuss traffic and parking issues related to a proposed housing development by ETCO Homes. 10.7. OCSD — April 23, 2014 (Kiley) Director Kiley attended and reported that the agency had recently been commemorating its 60th anniversary. A public hearing regarding amendments to the Directors' compensation ordinance was tabled to committee. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from April 25, 2014— May 31, 2014 The Board reviewed the activity calendar and made no changes. 12. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 12.1. OCSD State of the District Reception — May 21, 2014 Director Kiley expressed an interest in attending this event. Director Collett made a motion, seconded by Director Hawkins, to authorize Director attendance at this event if desired. Motion carried 5 -0. I;: 2014 -081 13. CLOSED SESSION The meeting was adjourned to Closed Session at 9:27 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman, and Beltran. 13.1. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: Prospective Buyers Under Negotiation: Price and Terms of Payment 13.2. 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) 13.3. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Yorba Linda vs. Josefina N. Sioson, et al. (OC Superior Court — Case No. 00709123) 13.4. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: City of Yorba Linda vs. Leonard P. Bigonger, et al. (OC Superior Court — Case No. 00709131) 13.5. 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 7 2014 -082 13.6. 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 potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 13.7. 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 13.8. 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 Number of Potential Cases: One Mr. Conklin left the Closed Session prior to discussion of the following item. 13.9. Public Employment (Recruitment) Pursuant to Section 54956 of the California Government Code Title: General Manager The following Closed Session was not held. 13.10. Conference with Labor Negotiators (Recruitment) Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Koff & Associates, Inc. Unrepresented Employee: General Manager The Board reconvened in Open Session at 10:35 a.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. n. 2014 -083 14. ADJOURNMENT 14.1. The meeting was adjourned at 10:36 a.m. The next Regular Board of Directors Meeting will be held Thursday, May 8, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary