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Home My WebLink About2014-02-27 - Board of Directors Meeting Minutes 2014-028 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 27, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The February 27, 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 STAFF PRESENT Robert R. Kiley, President Steve Conklin, Acting General Manager Ric Collett, Vice President John DeCriscio, Operations Manager Michael J. Beverage Delia Lugo, Finance Manager Phil Hawkins Art Vega, Acting IT Manager Gary T. Melton Annie Alexander, Executive Secretary ALSO PRESENT Gene Hernandez, Mayor Pro Tem, City of Yorba Linda Art Kidman, Partner, 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 Collett, to approve the Consent Calendar. Motion carried 5-0. 6.1. Minutes of the Board of Directors Regular Meeting held February 13, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 1 2014-029 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,277,711.89. 6.3. Progress Payment No. 10 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 10 in the net amount of $47,437.30 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 17B. 7. ACTION CALENDAR 7.1. Amendments to the District's Conflict of Interest Code Mr. Conklin explained that this was a housekeeping item related to some minor revisions to the District's Conflict of Interest Code. The position of Associate Engineer needs to be added, the position of Project Engineer needs to be renamed to Construction Project Supervisor, the position of Operations Assistant needs to be renamed to Operations/Warehouse Assistant, and the position of Chief Plant Operator needs to be renamed to Water Production Superintendent. This matter was discussed by the Executive-Administrative-Organizational Committee at its meeting held February 10, 2014. Director Collett made a motion, seconded by Director Hawkins, to approve Resolution No. 12-26. Directors Melton and Hawkins voted Yes. Director Beverage clarified that the Resolution number being considered was 14-02. Director Collett revised his original motion to indicate the approval of Resolution No. 14-02 Adopting a Conflict of Interest Code for the Yorba Linda Water District. The revised motion was seconded by Director Hawkins and carried 5-0 on a Roll Call vote. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report • UWI Spring Water Conference — February 19-21, 2014 (Kiley) President Kiley attended this conference and noted that it was very informative with a lot of great speakers. A majority of the conference focused on the legality of tiered rates and the implementation of new technologies. 2 2014-030 8.2. Directors' Report Director Collett commented on Golden State Water Company's opposition to the District's annexation to OCWD. Mr. Kidman stated that this matter would be discussed in Closed Session. 8.3. Acting General Manager's Report Mr. Conklin reported that a letter expressing the collective support of OCSD, YLWD and the City of Yorba Linda in favor of SB 946 would be submitted to Senator Bob Huff shortly and the process for obtaining a seat on the OCSD Board Directors will continue. Mr. Conklin further reported that Linda Patti was retiring from her position as Customer Service Representative III after almost 24 years of service and would be greatly missed. An all-hands meeting has been scheduled for March 5, 2014 at 11 :00 a.m. which will be followed by a pot-luck lunch. Construction work is continuing on the 2012 Pipeline Replacement and Yorba Linda Booster Station projects and drilling for Well 21 has begun. The budget preparation process continues to move forward. Two workshop meetings have been scheduled for March 17, 2014 and April 21, 2014. Mr. DeCriscio reported that staff was preparing for the rainstorms expected over the weekend and for a night repair on an 18" sewer line on Richfield Rd. 8.4. General Counsel's Report Mr. Kidman commented on the Board's recent consideration of attendance at OCSD Board meetings and noted that according to the agency's website, OCSD Directors are paid a $212.50 per meeting stipend for attendance of up to 6 meetings per month while the Chair is compensated for attendance of up to 10 meetings per month. Mr. Kidman noted that Governor Brown and legislative leaders had recently introduced a drought relief package (AB 79, AB 80, SB 103 and SB 104). 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Executive-Administrative-Organizational Committee (Kiley / Collett) • Minutes of the meeting held February 10, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held March 10, 2014 at 4:00 p.m. 3 2014-031 9.2. Finance-Accounting Committee (Beverage / Hawkins) • Minutes of the meeting held February 24, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held March 24, 2014 at 4:00 p.m. 9.3. Personnel-Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held February 11, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held March 4, 2014 at 4:00 p.m. 9.4. Planning-Engineering-Operations Committee (Melton / Beverage) • Next meeting is scheduled to be held March 6, 2014 at 4:00 p.m. 9.5. Public Affairs-Communications-Technology Committee (Collett / Kiley) • Next meeting is scheduled to be held March 3, 2014 at 4:00 p.m. 9.6. Organizational and Efficiency Study Ad Hoc Committee (Beverage / Hawkins) • Meeting held February 20, 2014 at 12:00 p.m. Director Beverage reported that the Committee had conducted a conference call with Koff & Associates regarding additional revisions to the Organizational Performance Review. The final draft should be completed within 30 days and will be provided to the Board for consideration at a future meeting. • Next meeting is yet to be scheduled. 4 2014-032 9.7. YLWD-City of Placentia Joint Agency Committee (Beverage / Melton) • Minutes of the meeting held February 3, 2014 at 9:30 a.m. were provided in the agenda packet. Director Melton reported that the meeting went well and that he was happy with the relationship being fostered with the City of Placentia. Mr. Conklin stated that the joint agency turf replacement demonstration project should be completed shortly. Staff is working to obtain sample agreements to help facilitate the borrowing of equipment between both agencies. • Next meeting is yet to be scheduled. 9.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Minutes of the meeting held February 25, 2014 at 6:00 p.m. will be provided at the next regular Board meeting. Director Collett noted that the meeting was very productive. • Next meeting is yet to be scheduled. 9.9. YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) • Next meeting is scheduled to be held March 25, 2014 at 4:00 p.m. 9.10. Citizens Advisory Committee (Kiley) • Minutes of the meeting held February 24, 2014 at 8:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held March 24, 2014 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS 10.1. Yorba Linda LMAD CAC — February 13, 2014 (Beverage) Director Beverage was unable to attend this meeting. 10.2. YL City Council — February 18, 2014 (Kiley) Director Kiley attended and noted that there was a lengthy discussion regarding an appeal against the approval of a tentative tract map for the Tesoro Townhomes project which was denied 3-2. 10.3. MWDOC Board — February 19, 2014 (Melton) Director Melton was unable to attend this meeting. 5 2014-033 10.4. OCWD Board — February 19, 2014 (Collett) Director Collett attended and commented on the 2014/15 Replenishment Assessment rate and legislation related to tiered rates which were both discussed at length during the meeting. 10.5. YL Planning Commission — February 26, 2014 (Melton) Director Melton attended and commented on the proposed construction of an ATT cell tower and the relocation of the proposed fuel pumps at the SAVI Ranch Costco which were discussed during the meeting. 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from February 28, 2014 -- March 31, 2014 The Board reviewed the activity calendar. Directors Beverage and Melton switched their attendance at the Yorba Linda Planning Commission meetings during the month of March and the next Finance-Accounting Committee meeting was rescheduled to March 28, 2014 at 8:00 a.m. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:12 a.m. All Directors were present. Also present were Messrs. Conklin and Kidman. 12.1. 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) 12.2. 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 12.3. 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 potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 6 2014-034 12.4. 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 written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One 12.5. 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: To Be Determined Under Negotiation: Price and Terms of Payment 12.6. Public Employment (Recruitment) Pursuant to Section 54956 of the California Government Code Title: General Manager 12.7. 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 9:38 a.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 13. ADJOURNMENT 13.1. The meeting was adjourned at 9:39 a.m. The next Regular Board of Directors Meeting will be held Thursday, March 13, 2014 at 8:30 a.m. !/_ ! S�n R. Conklin Board Secretary 7