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HomeMy WebLinkAbout2014-05-22 - Board of Directors Meeting Minutes2014 -095 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, May 22, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The May 22, 2014 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Kiley at 8:32 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 4. 5. DIRECTORS PRESENT Robert R. Kiley, President Michael J. Beverage Phil Hawkins Gary T. Melton DIRECTORS ABSENT Ric Collett, Vice President 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 Cindy Botts, Management Analyst Damon Micalizzi, Public Information Officer ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tern, City of Yorba Linda Richard A. Freschi, Director, Serrano Water District James R. Fisler, President, Mesa Water District Paul E. Schoenberger, General Manager, Mesa Water District Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Connie C. Almond, Associate, Liebert Cassidy Whitmore Daniel Mole, Chair, YLWD Citizens Advisory Committee ADDITIONS /DELETIONS TO THE AGENDA None. PUBLIC COMMENTS None. 1 A 7. 2014 -096 COMMITTEE REPORTS 6.1. Citizens Advisory Committee (Kiley) Minutes of the meeting held April 28, 2014 at 8:30 a.m. were provided in the agenda packet. Mr. Mole provided a summary of the topics discussed during the meeting. Next meeting is scheduled to be held June 23, 2014 at 8:30 a.m. Mr. Mole left the meeting at this time. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director Melton, to approve the Consent Calendar. Motion carried 4 -0 -1 with Director Collett being absent. 7.1. Minutes of the Board of Directors Regular Meeting held April 24, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Minutes of the Board of Directors Special Meeting held May 5, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.3. Minutes of the Board of Directors Regular Meeting held May 8, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.4. Minutes of the Board of Directors Special Meeting held May 13, 2014 Recommendation presented. That the Board of Directors approve the minutes as 7.5. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,144,723.07. 2 2014 -097 7.6. Progress Payment No. 13 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 13 in the net amount of $94,623.25 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008 - 17B. 7.7. Proposed Change Order No. 2 for the Yorba Linda Blvd. Pump Station Project Recommendation: That the Board of Directors approve Change Order No. 2 in the amount of $0.00 and 39 additional days to Environmental Construction, Inc. for construction of the Yorba Linda Blvd. Pump Station Project, Job No. 2008 -17b. 7.8. Terms and Conditions for Water and Sewer Service with the City Ventures Communities, LLC Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with City Ventures Communities, LLC, Job No. J2014 -05. 8. ACTION CALENDAR 8.1. Request to Support Election of James R. Fisler or Richard Freschi as Alternate LAFCO Commissioner Mr. Conklin explained that both individuals requesting support were in attendance at the meeting and available to address the Board. Director Fisler and Director Freschi addressed the Board and provided an overview of their background and experience in public service. The Board then briefly discussed the two candidates. Director Melton made a motion, seconded by Director Hawkins, to authorize President Kiley to vote in the Orange County Special District Selection Committee election; designate Vice President Collett as the alternate voting member; and choose to support the election of either James R. Fisler or Richard Freschi as the Alternate Special District Member for LAFCO. Motion carried 4 -0 -1 with Director Collett being absent. Directors Freschi and Fisler and Mr. Schoenberger left the meeting at this time. 8.2. Proposed Amendments to the CSDA Bylaws Mr. Conklin explained that the CSDA Board of Directors had approved several recommended updates to the organization's bylaws which were now being put before the membership for consideration. 3 2014 -098 Director Melton made a motion, seconded by Director Hawkins, to support the adoption of the 2014 proposed amendments to the CSDA Bylaws. Motion carried 4 -0 -1 with Director Collett being absent. 8.3. Proposed New CASA Bylaws Mr. Conklin explained that the CASA Executive Board had approved several recommended updates to the organization's bylaws which were now being put before the voting members for consideration. Director Hawkins made a motion, seconded by Director Melton, to approve repealing the existing CASA bylaws and adopting the proposed new bylaws. Motion carried 4 -0 -1 with Director Collett being absent. 8.4. Candidate's Statements of Qualifications for November 4, 2014 General Election Mr. Conklin explained that staff had received correspondence from the OC Registrar of Voters relative to the Candidate's Statements of Qualifications for the 2014 General Election. The District needs to determine if it intends to limit these statements to 200 or 400 words and if it will pay the expenses for publication. Historically, the District has determined to limit them to 200 words and not to pay the associated costs. Director Hawkins suggested that the District consider increasing the limit to 400 words and continue with the practice of not paying for the publication expenses. Director Hawkins made a motion, seconded by Director Beverage, to authorize the Acting General Manager to submit the Transmittal of Election Information to the Orange County Registrar of Voters, indicating that the Candidate's Statement of Qualifications are to contain no more than 400 words and will not be paid for by the District. Motion carried 4 -0- 1 with Director Collett being absent. 8.5. 2014 Water Quality Report Mr. Conklin explained that the District was required to prepare an annual water quality report and make it available to its customer by July 1" of each year. State and Federal laws now allow electronic delivery of the report which will save the District the cost of printing and distribution. Director Beverage made a motion, seconded by Director Hawkins, to approve the 2014 Water Quality Report and authorize staff to make this report available on the District's website pursuant to the new State and Federal law regarding CCR's electronic delivery. Motion carried 4 -0 -1 with Director Collett being absent. 0 2014 -099 9. DISCUSSION ITEMS 9.1. Introduction of Connie C. Almond, Associate, Liebert Cassidy Whitmore (Special Counsel) Ms. Almond introduced herself, provided the Board with an overview of her work experience, and explained that she would be taking over for Richard Kreisler who was soon retiring. 14. CLOSED SESSION The meeting was adjourned to Closed Session at 8:55 a.m. All Directors in attendance were present. Also present were Mrs. Knight and Ms. Almond. 14.1. Public Employment (Recruitment) Pursuant to Section 54957 of the California Government Code Title: General Manager The Board reconvened in Open Session at 9:08 a.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. Ms. Almond left the meeting at this time. 9.2. Proposed Budget for FY 2014/15 Mr. Conklin provided a broad overview of the anticipated expenses and revenue. He explained that there had been a slight increase of $3,144 in the Public Affairs Division Budget due to a change in the District's contribution for continued participation in MWDOC's Choice Program. Mr. Conklin invited the Board to provide staff with any comments they might have regarding the draft budget over the next few days. Staff is planning to bring the final draft to the Board for consideration at the regular meeting scheduled June 12, 2014. Mr. Conklin and Mrs. Lugo then responded to questions from the Board regarding the financial model created by Raftelis and its use in the future. Mrs. Botts left the meeting at this time. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report • ACWA Spring Conference — May 7 -9, 2014 • OCSD State of the District Reception — May 21, 2014 • President Kiley reported on his attendance at the above listed events. A video presentation distributed at OCSD's reception will be shared with the Board at the next regular meeting. 5 2014 -100 10.2. Directors' Report OC Water Summit— May 16, 2014 Director Melton reported on his attendance at this event. 10.3. Acting General Manager's Report Mr. Conklin reported on the status of various construction projects in progress, the Joint Agency Turf Removal Demonstration Project with the City of Placentia, and the LAFCO hearing for the District's annexation to OCWD. He stated that staff has been heavily involved with budget preparations but will soon begin focusing on updating the District's policies and procedures. Following discussion with the Executive-Administrative- Organizational Committee, it was suggested that a Board workshop meeting be scheduled on July 31, 2013 to examine this process. Mr. Conklin further reported that there had been a good turnout at the employee picnic. He then briefly commented on a request from a customer to replace a recently installed radio -read meter with a manually read meter. Mr. DeCriscio then notified the Board that staff would need to move funds from the maintenance reserve account in order to pay for emergency repair work on Well #1 after a pump motor failure. 10.4. General Counsel's Report Mr. Kidman commented regarding his historical service on ACWA's State Legislative and Legal Affairs committees and his recent attendance at the ACWA Spring Conference. He then commented on the risk of participating in serial meetings if a matter is discussed by more than one Committee. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS CONTINUED 11.1. Executive- Administrative - Organizational Committee (Kiley / Collett) ■ Minutes of the meeting held May 12, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held June 9, 2014 at 4:00 p.m. 11.2. Finance - Accounting Committee (Hawkins / Beverage) ■ Minutes of the meeting held April 28, 2014 at 4:00 p.m. were provided in the agenda packet. n 2014 -101 ■ Minutes of the meeting held May 20, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held June 23, 2014 at 4:00 p.m. 11.3. Personnel -Risk Management Committee (Hawkins / Melton) ■ Minutes of the meeting held May 6, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held June 10, 2014 at 4:00 p.m. 11.4. Planning- Engineering- Operations Committee (Melton / Beverage) ■ Minutes of the meeting held May 1, 2014 at 4:00 p.m. were provided in the agenda packet. ■ Next meeting is scheduled to be held June 5, 2014 at 4:00 p.m. 11.5. Public Affairs - Communications - Technology Committee (Collett / Kiley) • Minutes of the meeting held May 14, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. ■ Next meeting is scheduled to be held June 11, 2014 at 4:00 p.m. 11.6. Organizational Performance Review Ad Hoc Committee (Beverage / Hawkins) ■ Next meeting is yet to be scheduled. 11.7. YLWD -City of Placentia Joint Agency Committee (Beverage / Melton) ■ Minutes of the meeting held May 12, 2014 at 10:00 a.m. will be provided at the next regular Board meeting. ■ Next meeting is yet to be scheduled. 11.8. 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. 7 2014 -102 ■ Next meeting is scheduled to be held June 24, 2014 at 5:00 p.m. 11.9. YLWD - MWDOC -OCWD Joint Agency Committee (Kiley / Beverage) ■ Next meeting is scheduled to be held May 27, 2014 at 4:00 p.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL LMCAC — May 8, 2014 (Beverage) Director Beverage attended and commented on a letter read during public comments suggesting that Members Gianelli and Schuler should resign from the LMCAC due to a conflict of interest. Director Barbre left the meeting at this time. 12.2. LAFCO — May 14, 2014 (Beverage) Director Beverage did not attend this meeting. 12.3. YL Planning Commission — May 14, 2014 (Beverage) Director Beverage attended and commented on a number of conditional use permits that were considered during the meeting. 12.4. YL City Council — May 20, 2014 (Kiley) Director Kiley attended and noted that the public comments were quite extensive. He also commented on the recognition of an individual for their community service efforts. 12.5. MWDOC Board — May 21, 2014 (Melton) Director Melton attended and noted that MWDOC's Board had determined to endorse Director Fisler's in the upcoming LAFCO election. 12.6. OCWD Board — May 21, 2014 Mr. Conklin attended and noted that OCWD's Board had also determined to endorse Director Fisler in the upcoming LAFCO election. He then commented on the Huntington Beach Desalination Project and an agreement with Kennedy /Jenks to prepare documents in support of the North Basin National Contingency Plan process. He also reported that an item regarding Senate Bill 26 was added to the agenda. Townsend Public Affairs is recommending local agencies oppose this proposed legislation. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 23, 2014 — June 30, 2014 The Board reviewed the activity calendar and made no changes. Director Melton left the meeting at this time. 2014 -103 14. CLOSED SESSION CONTINUED The meeting was adjourned to Closed Session at 10:09 a.m. Directors Beverage, Hawkins, and Kiley were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman, and Beltran. 14.2. 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 14.3. 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) 14.4. 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 14.5. 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 potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One M 2014 -104 14.6. 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 written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One The Board reconvened in Open Session at 10:30 a.m. Mr. Kidman announced that the Board of Directors had approved a settlement agreement in regards to Item No. 14.3. (ACWA/JPIA, et al v. Insurance Company State of Pennsylvania, et al., Orange County Superior Court Case No. 00486884 and US District Court, Central District Cal., So. Div., Case No. SACV11 -1124) by unanimous vote on April 10, 2014. This insurance coverage case was related to the Freeway Complex Fire litigation which was previously settled by action of the Board of Directors and announced on July 26, 2012. A copy of the two settlement agreements and an agreement between the District and ACWA/JPIA in regards to the handling of litigation are all available as public records. No other 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 10:33 a.m. The next Regular Board of Directors Meeting will be held Thursday, June 12, 2014 at 8:30 a.m. S n R. Conklin Board Secretary 10