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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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