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HomeMy WebLinkAbout2014-04-10 - Board of Directors Meeting Minutes 2014-060 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 10, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The April 10, 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 Amelia Cloonan, Human Resources Analyst ALSO PRESENT Brett Barbre, Director, MWDSC and MWDOC Gene Hernandez, Mayor Pro Tern, City of Yorba Linda Bill Nelson, Director, California Special Districts Association Lynn Melton, Youth Service Chair, Yorba Linda Sunrise Rotary Art Kidman, Partner, Kidman Law LLP Eddy Beltran, Senior Counsel, Kidman Law LLP Daniel Mole, Chair, YLWD Citizens Advisory Committee Rick Violett, President, Investment Brokers of OC (Attended in Closed Session Only) Georg Krammer, CEO Koff & Associates (Participated in Closed Session Only) 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS Mrs. Melton addressed the Board and extended an invitation to those in attendance to participate in Yorba Linda Sunrise Rotary Club's annual Lobsterfest on May 16, 2014. Funds raised from the event go towards various local and international service projects. 1 2014-061 6. SPECIAL RECOGNITION 6.1. Recognition of Director Gary Melton for Completion of CSDA Special District Governance Program Director Nelson presented Director Melton with a certificate in recognition of his completion of CSDA's Special District Governance Program. He also provided an overview of the curriculum requirements as well as other certification programs offered through CSDA's Special District Leadership Foundation. The Board congratulated Director Melton on his accomplishment. Director Nelson and Ms. Cloonan left the meeting at this time. 7. COMMITTEE REPORTS 7.1. Citizens Advisory Committee (Kiley) • Minutes of the meeting held March 24, 2014 at 8:30 a.m. were provided in the agenda packet. Mr. Mole provided a summary of the topics discussed during the meeting including a presentation regarding the Esperanza Hills Development Project and a reduction in the frequency of Committee meetings. • Next meeting is scheduled to be held April 28, 2014 at 8:30 a.m. 8. CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5-0. Director Collett abstained from voting on Item No. 8.3. as he has a financial interest with one of the listed vendors. 8.1. Minutes of the Board of Directors Workshop Meeting held March 17, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Regular Meeting held March 27, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,384,606.97. 2 2014-062 8.4. Progress Payment No. 12 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 12 in the net amount of $38,290.07 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 17B. 9. DISCUSSION ITEMS 9.1. ACWA/JPIA President's Special Recognition Award Mr. Conklin explained that ACWA/JPIA had recently recognized the District for achieving a low ratio of Paid Claims and Case Reserves to Deposit Premiums in the Workers' Compensation Program for the period July 1, 2009 through June 30, 2012. 10. REPORTS, INFORMATION ITEMS, AND COMMENTS 10.1. President's Report President Kiley reported that he had accepted an award and plant on behalf of YLWD from the Fairmont Elementary PTA in appreciation of the District's provision of bottled water for various school related events. • CA Senate Governance and Finance Committee Hearing for SB 946 —April 9, 2014 (Kiley) President Kiley reported that he had attended the hearing in Sacramento along with representatives from Townsend Public Affairs and Orange County Sanitation District. Discussion was very brief and the bill passed without opposition. It will now be forwarded to the Assembly for consideration. Mr. Mole left the meeting at this time. 10.2. Directors' Report • MWDOC Elected Officials Forum —April 3, 2014 (Kiley/Melton) Director Melton attended and noted that the majority of the meeting focused on budget and water supply issues. Director Barbre addressed the Board and provided a brief overview of the MWDOC budget related items discussed during the event. Mr. Conklin expressed his condolences regarding the recent passing of Col. Jack Foley, Chair of MWDSC. Director Barbre noted that the family had scheduled services on April 26, 2014. Mrs. Melton left the meeting at this time. 3 2014-063 10.3. Acting General Manager's Report Mr. Conklin reported on the status of various construction projects and responded to questions from the Board regarding staff efforts in locating another well site. Mr. DeCriscio reported on current groundwater production levels. Mr. Conklin and Mr. DeCriscio then responded to questions from the Board regarding the possibility of using untreated water for irrigation purposes at the proposed Gun Club Road Linear Park. 10.4. General Counsel's Report Mr. Kidman commented on a recent court ruling related to PRA requests for the production of communications sent or received by public officials and employees on their private electronic devices using their private accounts. Mr. Kidman suggested that the District's draft Records Management Policy and existing Directors' Communications Expense Reimbursement Policy be reviewed in respect to this issue. Mr. Kidman then commented on a proposed amendment (AB 1728) to California Government Code Section 84308 which, if approved, could have an impact on the District. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS CONTINUED 11.1. Executive-Administrative-Organizational Committee (Kiley / Collett) • Next meeting is scheduled to be held April 14, 2014 at 4:00 p.m. 11.2. Finance-Accounting Committee (Hawkins / Beverage) • Minutes of the meeting held March 28, 2014 at 8:00 a.m. were provided in the agenda packet. • Next meeting is scheduled to be held April 28, 2014 at 4:00 p.m. 11.3. Personnel-Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held April 1, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held May 6, 2014 at 4:00 p.m. 4 2014-064 11.4. Planning-Engineering-Operations Committee (Melton / Beverage) • Next meeting is scheduled to be held April 15, 2014 at 4:00 p.m. 11.5. Public Affairs-Communications-Technology Committee (Collett / Kiley) • Next meeting is scheduled to be held April 15, 2014 at 12:00 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) • Next meeting is scheduled to be held May 12, 2014 at a time yet to be determined. (The time of this meeting was subsequently scheduled for 10:00 a.m.) 11.8. YLWD-City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Next meeting is scheduled to be held April 22, 2014 at 5:00 p.m. 11.9. YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) • Minutes of the meeting held March 25, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held May 27, 2014 at 4:00 p.m. Director Barbre left the meeting at this time. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL LMCAC — March 27, 2014 (Beverage) Director Beverage attended and reported that the majority of the meeting focused on preparations for the upcoming Zone L1-B meeting and suggested recommendations on the Engineer's Report on Arterial Designations. 5 2014-065 YL LMCAC April 3, 2014 (Beverage) Director Beverage attended and noted that of the 750 homeowners invited to the Zone L1-B meeting, approximately 20 attended. 12.2. YL City Council — April 1 , 2014 (Collett) Director Collett attended and commented on a status report regarding options for development of the West Bastanchury Site and approval of an amendment to a Subdivision Improvement Agreement for the Gun Club Road Trail which were discussed during the meeting. 12.3. MWDOC Board —April 2, 2014 (Melton) Director Melton attended and noted that the majority of the meeting focused on the proposed budget. 12.4. OCWD Board —April 2, 2014 (Collett) Director Collett was unable to attend this meeting. 12.5. WACO —April 2, 2014 (Kiley/Hawkins) Directors Hawkins attended and requested that the report for this meeting be postponed until the next regular Board meeting. 12.6. YL Planning Commission —April 9, 2014 (Beverage) Director Beverage attended and commented on a design modification of the Costco gas station and a Conditional Use Permit for OC Wine Mart which were considered during the meeting. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from April 11, 2014 — May 31, 2014 The Board reviewed the activity calendar and made no changes. 14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS 14.1. OC Crime Victims' Monument Design Unveiling —April 12, 2014 ACWA/JPIA Spring Conference — May 5-6, 2014 ACWA Spring Conference — May 6-9, 2014 OC Water Summit — May 16, 2014 Director Collett made a motion, seconded by Director Hawkins, to authorize Director attendance at these events if desired. Motion carried 5-0. 6 2014-066 15. CLOSED SESSION The meeting was adjourned to Closed Session at 9:47 a.m. All Directors were present. Also present were Messrs. Conklin, Kidman, Beltran and Violett. The following items were taken out of order. 15.7. 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. Violett left the Closed Session following discussion of Item No. 15.7. 15.1. 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) 15.2. 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) 15.3. 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 line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 15.4. 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 potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 7 2014-067 15.5. 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) 15.6. 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 Mr. Krammer joined the Closed Session via teleconference at this time. Messrs. Conklin, Kidman and Beltran left the Closed Session prior to discussion of the following items. 15.8. Public Employment (Recruitment) Pursuant to Section 54956 of the California Government Code Title: General Manager 15.9. 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 Mr. Krammer disconnected from the Closed Session at this time. Messrs. Conklin, Kidman and Beltran then rejoined the Closed Session to continue discussion of Item Nos. 15.1 through 15.6. The Board reconvened in Open Session at 11 :00 a.m. President Kiley announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 8 2014-068 16. ADJOURNMENT 16.1. The meeting was adjourned at 11:01 a.m. The next Regular Board of Directors Meeting will be held Thursday, April 24, 2014 at 8:30 a.m. Steven R. Conklin Board Secretary 9