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HomeMy WebLinkAbout2014-03-27 - Board of Directors Meeting Minutes 2014-047 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, March 27, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The March 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 Gina Knight, Human Resources/Risk Manager Phil Hawkins Delia Lugo, Finance Manager Gary T. Melton Art Vega, Acting IT Manager Annie Alexander, Executive Secretary Damon Micalizzi, Public Information Officer ALSO PRESENT Tom Lindsey, Councilmember, City of Yorba Linda Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Linda Bauermeister, Attorney, Barber & Bauermeister 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested that the Board consider taking Item No. 14.1. immediately following Public Comments. Director Beverage made a motion, seconded by Director Collett, to take Item No. 14. 1. immediately following Public Comments. Motion carried 5-0. 5. PUBLIC COMMENTS None. 1 2014-048 14. CLOSED SESSION The meeting was adjourned to Closed Session at 8:32 a.m. All Directors were present. Also present were Mrs. Knight and Bauermeister and Messrs. Conklin, Kidman and Beltran. 14.1. 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) The Board reconvened in Open Session at 9:22 a.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. Ms. Bauermeister left the meeting at this time. 5. PUBLIC COMMENTS CONTINUED None. 6. CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5-0. 6.1. Minutes of the Board of Directors Regular Meeting held March 13, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$608,211.55. 6.3. Progress Payment No. 11 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 11 in the net amount of $15,925.42 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 17B. 2 2014-049 7. ACTION CALENDAR 7.1. Request for Preparation of Job Evaluation and Classification Study Mrs. Knight explained that per the request of the Organizational Performance Review Ad Hoc Committee, Koff & Associates had prepared a proposal to perform ab classification study for the District. Koff & Associates will be able to make use of the Position Description Questionnaires and employee interviews that were previously completed. If approved, this new study will take approximately 3 months to finish. Director Hawkins stated that the Personnel-Risk Management Committee had discussed this matter at its last meeting and supported moving forward. Director Collett clarified that the cost of the study would not cause the Human Resources Department to go over budget. Director Hawkins made a motion, seconded by Director Collett, to approve a Professional Services Agreement with Koff & Associates to conduct a job evaluation and classification study for its miscellaneous job classifications, for a total fee not to exceed $26,885. Motion carried 5-0. 7.2. District Liaison to the Orange County Sanitation District (OCSD) Board Mr. Conklin explained that this matter had been discussed at a previous Board meeting after which staff was instructed to take it back to the Executive-Administrative-Organizational (EAO) Committee for further review. The EAO Committee discussed this matter at its last meeting and recommended that the Board of Directors assign Director Kiley to attend OCSD Board meetings as an observer in preparation for the District's potential representation on OCSD's Board of Directors. Director Kiley stated that the District's seat on this Board (if approved) would not be available until January 2015. The associated Senate hearing that was scheduled March 19, 2014 was cancelled and rescheduled for April 9, 2014. Director Collett made a motion, seconded by Director Hawkins, to approve the appointment of President Kiley as the District's liaison to the Orange County Sanitation District Board, attending the monthly meetings of the OCSD Board of Directors, with stipend paid by YLWD per District policy for each such meeting he attends. This appointment as liaison will end when YLWD has formal representation on the OCSD Board, or when the YLWD Board chooses to appoint a new liaison. If and when YLWD is aware that it will obtain formal representation on the OCSD Board, the YLWD Board will make an appointment of a YLWD Director as the representative on the OCSD Board, with the stipend paid by OCSD for each meeting attended by the YLWD representative, in accordance with OCSD policy. Motion carried 4-1 with Director Beverage voting No. 3 2014-050 8. DISCUSSION ITEMS 8.1. Water System Interties with Neighboring Agencies Mr. Conklin provided an overview of the various water system interties with the Cities of Anaheim and Brea, and the Golden State Water Company (GSWC). He noted that the District has written agreements for the use of these interties with the two cities but not with GSWC. Mr. Conklin and Mr. DeCriscio then responded to questions from the Board regarding the location and benefits of the interties, how access is gained and requests for water are made, and which agency is responsible for maintenance. Director Hawkins made a motion, seconded by Director Collett, to instruct staff to provide written notification to Golden State Water Company of the absence of an official intertie agreement with the District and propose the completion of one based on the agreements already in place with the Cities of Anaheim and Brea. Motion carried 5-0. 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. President's Report • CA-NV AWWA Conference March 24-27, 2014 President Kiley attended and noted that there were 178 breakout sessions provided. • Status of OCSD Legislation President Kiley previously reported on this matter under Item No. 7.2. 9.2. Directors' Report Director Collett stated that he would not be able to attend the Board meeting on May 22, 2014. Director Beverage expressed his concerns regarding a presentation provided by the developer of the Esperanza Hills Development Project at the most recent YLWD Citizens Advisory Committee (CAC) meeting. Director Kiley stated that he thought the presentation was a good idea and that the developer of the Cielo Vista Development Project would be invited to provide a similar report to the CAC at a future meeting. Director Melton noted that there might have been some confusion as to the purpose of the Esperanza Hills presentation. 9.3. Acting General Manager's Report Mr. Conklin reported on the status of current construction projects, District participation in various competitions at the CA-NV AWWA Conference, the joint-agency artificial turf project with the City of Placentia, and the budget 4 2014-051 preparation process. Mr. DeCriscio reported on the status and cause of two sewer line breaks and staff efforts response to MWD's call for Conjunctive-Use Program water. Mr. Conklin noted that the District's request for annexation to OCWD was scheduled to be considered by LAFCO in May. 9.4. General Counsel's Report Mr. Kidman did not have any comments at this time. 9.5. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Executive-Administrative-Organizational Committee (Kiley / Collett) • Minutes of the meeting held March 10, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 14, 2014 at 4:00 p.m. 10.2. Finance-Accounting Committee (Hawkins / Beverage) • Next meeting is scheduled to be held March 28, 2014 at 8:00 a.m. 10.3. Personnel-Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held March 4, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 1, 2014 at 4:00 p.m. 10.4. Planning-Engineering-Operations Committee (Melton / Beverage) • Minutes of the meeting held March 3, 2014 at 10:00 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 15, 2014 at 4:00 p.m. 5 2014-052 10.5. Public Affairs-Communications-Technology Committee (Collett / Kiley) • Minutes of the meeting held March 3, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 9, 2014 at 4:00 p.m. 10.6. Organizational Performance Review Ad Hoc Committee (Beverage / Hawkins) • Next meeting is yet to be scheduled. 10.7. YLWD-City of Placentia Joint Agency Committee (Beverage / Melton) • Next meeting is yet to be scheduled. 10.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Minutes of the meeting held February 25, 2014 at 6:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 22, 2014 at 5:00 p.m. 10.9. YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) • Minutes of the meeting held March 25, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held May 27, 2014 at 4:00 p.m. 10.10. Citizens Advisory Committee (Kiley) • Minutes of the meeting held March 24, 2014 at 8:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held April 28, 2014 at 8:30 a.m. 11. INTERGOVERNMENTAL MEETINGS 11.1. YL LMCAC — March 13, 2014 (Collett) Director Collett attended and noted that the Committee was continuing preparations for the community outreach event. 6 2014-053 11.2. YL City Council — March 18, 2014 (Kiley) Director Kiley attended and commented on the SAVI Ranch Vision Plan and FY 2013/14 mid-year budget review which were discussed during the meeting. Councilmember Lindsey briefly commented on the SAVI Ranch Vision Plan and construction of the Gun Club Road Linear Park. He requested that the District try and persuade MWD to allow increased equestrian use at this site. Director Beverage suggested that the City consider contacting Brett Barbre, Director for MWDSC and MWDOC regarding this matter. 11.3. MWDOC Board — March 19, 2014 (Melton) Director Melton attended and noted that it was a very brief meeting with no major action items. 11.4. OCWD Board — March 19, 2014 (Collett) Director Collett attended and commented on a public hearing scheduled in April to consider suspension of the FY 2013/14 Coastal Pumping Transfer Program. 11.5. YL Planning Commission — March 26, 2014 (Beverage) Director Beverage attended and reported that a request for construction of a new cell tower by ATT had been denied. He noted that a joint Traffic Commission and Planning Commission meeting had been scheduled on April 23, 2014. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from March 28, 2014 —April 30, 2014 The Board reviewed the activity calendar and made no changes. 13. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 13.1. CA-NV AWWA Conference — March 24-27, 2014 Director Hawkins made a motion, seconded by Director Beverage, to ratify Director Kiley's attendance at this event. Motion carried 4-0-1 with Director Kiley abstaining. 14. CLOSED SESSION CONTINUED The meeting was adjourned to Closed Session at 10:23 a.m. All Directors were present. Also present were Mrs. Knight and Messrs. Conklin, Kidman and Beltran. 7 2014-054 14.2. 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 14.3. 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 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 written communications from potential plaintiffs threatening litigation. Number of Potential Cases: One 14.5. 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 Mr. Conklin left the Closed Session prior to discussion of Item Nos. 14.6. and 14.7. 14.6. Public Employment (Recruitment) Pursuant to Section 54956 of the California Government Code Title: General Manager 8 2014-055 14.7. 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 11:10 a.m. President Kiley announced that no 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 11:11 a.m. The next Regular Board of Directors Meeting will be held Thursday, April 10, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary 9