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HomeMy WebLinkAbout2014-07-24 - Board of Directors Meeting Minutes 2014-137 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 24, 2014, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The July 24, 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 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 Cindy Botts, Management Analyst Marcus Millen, Records Management Specialist Jim Scroggins, Maintenance Worker I Jeremy Smith, Acting Safety & Training Tech ALSO PRESENT Tom Lindsey, Councilmember, City of Yorba Linda Eddy Beltran, Partner, Kidman Law LLP Susan Janowicz, General Manager, East Lake Village Community Association 4. ADDITIONS/DELETIONS TO THE AGENDA Mr. Conklin requested to add the following item to the agenda. He explained that staff had received a letter from the developer of the proposed Cielo Vista development project on Thursday, July 17, 2014 (subsequent to the agenda being posted). Mr. Conklin distributed a copy of the letter and staff's draft response at the meeting. 1 2014-138 8.4. Response Letter Regarding Proposed Cielo Vista Project Director Beverage made a motion, seconded by Director Collett, to add Item No. 8.4. to the agenda. Motion carried 5-0. 5. PUBLIC COMMENTS None. 6. SPECIAL RECOGNITION 6.1. Introduction of Recently Hired or Promoted Employees • Jim Scroggins, Maintenance Worker I Mr. DeCriscio introduced Mr. Scroggins and provided the Board with an overview of his background and work experience. The Board welcomed Mr. Scroggins to the District. • Jeremy Smith, Acting Safety and Training Technician Mrs. Knight introduced Mr. Smith and provided the Board with an overview of his background and work experience. The Board welcomed Mr. Smith to the District. Messrs. Scroggins and Smith left the meeting at this time. 7. CONSENT CALENDAR Director Collett made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5-0. 7.1. Minutes of the Board of Directors Regular Meeting held June 26, 2014 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,021,452.52. 7.3. Progress Payment No. 15 for the Yorba Linda Blvd Pump Station Project Recommendation: That the Board of Directors approve Progress Payment No. 15 in the net amount of $18,402.41 to ECI, Inc. for construction of the Yorba Linda Blvd Pump Station Project, Job No. 2008- 17B. 2 2014-139 7.4. Final Progress Payment and Notice of Completion for Elk Mountain Surge Tank Replacement Recommendation: That the Board of Directors approve the Final Progress Payment in the net amount of $76,190.00 to Pascal & Ludwig Constructors and authorize staff to file the Notice of Completion and release retention thirty-five days following recordation, if no liens have been filed; release the Labor and Material Bond and release the Faithful Performance Bond in one year if no defects have been found for the Elk Mountain Surge Tank Replacement. 7.5. Terms and Conditions for Water and Sewer Service with Western Pacific Housing, Inc. for Tract 17617 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Western Pacific Housing, Inc. for Tract 17617, Job No. 201409. 7.6. Terms and Conditions for Water Service with Costco Wholesale Corporation Recommendation: That the Board of Directors approve the Terms and Conditions for Water Service with Costco, Job No. J2013-108. 7.7. Easement Agreement with Costco Wholesale Corporation Recommendation: That the Board of Directors authorize the General Manager to approve and execute the Easement Agreement with Costco. 7.8. Acquisition Agreement for Electrical Service Easement at Well 21 Site Recommendation: That the Board of Directors approve and execute the attached Acquisition Agreement for a total lump sum of$4,000 to be paid when a copy of the executed easement deed between OCWD and the City of Anaheim has been delivered to YLWD. 7.9. Authorization to Reimburse OCTA for Orangeview Waterline Extension Change Order Work Recommendation: That the Board of Directors authorize staff to issue a $58,474.51 check, payable to OCTA, for the Orangeview Avenue Waterline extension. 3 2014-140 8. ACTION CALENDAR 8.1. Proposed Response Letter Regarding Draft Bay Delta Conservation Plan Mr. Conklin explained that MWDOC had requested each Orange County Water Agency to send a response letter with comments in regards to the Draft Bay Delta Conservation Plan (BDCP). Director Collett noted that the Public Affairs-Communications-Technology Committee had discussed this matter at its meeting held July 7, 2014 and recommended that it be presented to the Board of Directors for consideration. Director Collett made a motion, seconded by Director Beverage, to approve the response letter regarding the draft BDCP as drafted. Motion carried 5-0. 8.2. CSDA Region 6 Election of Officers and Board Members for 2014-2018 Term Mr. Conklin explained that the District had been sent a ballot from CSDA to vote for a candidate in the Region 6, Seat C Election. All 5 individuals running campaigning for this seat have submitted Candidate Statements which were included in the agenda packet. Mr. Conklin noted that this matter had been reviewed by the Executive-Administrative-Committee who suggested that the Board request Director Hawkins' input. Director Hawkins stated that he had spoken to a CSDA representative who indicated that there was only one candidate from Orange County, Ms. Arlene Schafer from the Costa Mesa Sanitary District. He suggested that the Board consider voting for her. Director Hawkins made a motion, seconded by Director Collett, to vote for Ms. Arlene Schafer in CSDA's Region 6, Seat C Election. Motion carried 5-0. 8.3. Records Management Policy Mr. Conklin explained that staff was in the process of implementing a comprehensive Records Management program for which this policy had been developed. He stated that the Executive-Administrative- Organizational Committee had reviewed the policy at its meeting held July 14, 2014 and supported staff's recommendation. Ms. Alexander noted that the policy would address how the District manages its paper and electronic records. She further stated that the District's Records Retention Schedule is a separate document which was in the process of being updated. Ms. Alexander then responded to questions from the Board regarding the fee schedule for copies of records. Director Collett made a motion, seconded by Director Beverage to approve the Records Management Policy (2010-001). Motion carried 5-0. 4 2014-141 8.4. Response Letter Regarding Proposed Cielo Vista Project Mr. Conklin explained that staff had received a letter from the developer of the proposed Cielo Vista development project (North County BRS Project, LLC) requesting that the District moved forward with implementation of a "Northeast Area Plan". Actions suggested by the developer include the development of a service plan agreement, engineering plans, and design documents for construction of the necessary facilities. Staff has drafted a response to their request indicating that no action will be taken by the District until the Final Environmental Impact Report is certified and approved by the County. Director Beverage made a motion, seconded by Director Hawkins, to approve the response letter to North County BRS Project as drafted. Motion carried 5-0. 9. DISCUSSION ITEMS 9.1. State Water Resources Control Board (SWRCB) Emergency Regulation for Statewide Urban Water Conservation Mr. Conklin explained that the SWRCB had approved emergency regulations requiring all water agencies to a level of conservation that requires mandatory cutbacks in landscape irrigation. Staff has been in attendance at various local meetings with other agencies regarding this matter. YLWD would need to move back to Stage 1 in accordance with Ordinance No. 09-01. Mr. Conklin distributed copies of various exhibits associated with this Ordinance which were previously prepared by Mrs. Botts in 2009. The state will be requiring agencies to report on their conservation programs and water production activities on a regular basis. Mr. DeCriscio commented on current water usage as compared to 2009. Mr. Beltran briefly commented on the District's current water restrictions per Ordinance No. 09-01, the proposed implementation of Stage 1 , and the new reporting requirements to the state. Director Beverage noted that if the Board does approve moving to Stage 1, it would require up to 10% water use reduction by District customers. Mrs. Botts left the meeting at this time. 10. REPORTS, INFORMATION ITEMS AND COMMENTS 10.1. President's Report None. 10.2. Directors' Reports None. 5 2014-142 10.3. Acting General Manager's Report Mr. Conklin reported on the status of various construction projects in progress. He noted that there was a Board workshop meeting scheduled July 31, 2014 during which the status of policies and procedures, development of an Administrative Code, and the District's financial model would be discussed. 10.4. General Counsel's Report None. 10.5. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Executive-Administrative-Organizational Committee (Kiley / Collett) • Minutes of the meeting held July 14, 2014 were provided in the agenda packet. • Next meeting is scheduled to be held August 11 , 2014 at 4:00 p.m. 11.2. Finance-Accounting Committee (Hawkins / Beverage) • Next meeting is scheduled to be held July 28, 2014 at 4:00 p.m. (This meeting was subsequently rescheduled to July 29, 2014 at 4:00 p.m.) 11.3. Personnel-Risk Management Committee (Hawkins / Melton) • Minutes of the meeting held July 8, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Minutes of the meeting held July 21, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held August 12, 2014 at 4:00 p.m. 11.4. Planning-Engineering-Operations Committee (Melton / Beverage) • Minutes of the meeting held July 15, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. 6 2014-143 • Next meeting is scheduled to be held August 7, 2014 at 4:00 p.m. (This meeting was subsequently rescheduled to August 11, 2014 at 10:00 a.m.) 11.5. Public Affairs-Communications-Technology Committee (Collett / Kiley) • Minutes of the meeting held July 7, 2014 at 4:00 p.m. were provided in the agenda packet. • Next meeting is scheduled to be held August 4, 2014 at 4:00 p.m. 11.6. YLWD-City of Placentia Joint Agency Committee (Beverage / Melton) • Next meeting is yet to be scheduled. 11.7. YLWD-City of Yorba Linda Joint Agency Committee (Kiley / Collett) • Next meeting is scheduled to be held August 26, 2014 at 5:00 p.m. 11.8. YLWD-MWDOC-OCWD Joint Agency Committee (Kiley / Beverage) • Minutes of the meeting held July 22, 2014 at 4:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held September 23, 2014 at 4:00 p.m. 11.9. Citizens Advisory Committee • Next meeting is scheduled to be held July 28, 2014 at 8:30 a.m. 12. INTERGOVERNMENTAL MEETINGS 12.1. YL LMCAC - July 10, 2014 (Beverage) Director Beverage attended and commented on the identification of additional changes to the Engineer's Annual Report which were discussed during the meeting. 12.2. WACO - July 11, 2014 (Kiley/Hawkins) President Kiley attended and commented on two presentations regarding the Clean Water Act and CEQA reform which were provided during the meeting. 7 2014-144 12.3. YL City Council - July 15, 2014 (Kiley) President Kiley attended and noted that Ms. Kadie Karcher, outgoing president for the Yorba Linda Chamber of Commerce, Mr. Guy Navarro, Executive Director of the Stroke Foundation, and Retiring Chief of Police, Lt. Bob Wren, were all recognized for their efforts during the meeting. Also discussed was the Citizen Participation Plan for Community Development Block Grant (CDBG) and the Draft 2014-15 Annual Action Plan for CDBG Funding. 12.4. MWDOC Board - July 16, 2014 (Melton) Director Melton attended and commented on the state's emergency regulations related to water conservation which were discussed during the meeting. 12.5. OCWD Board - July 16, 2014 (Collett) Director Collett attended and commented on the potential streaming of Board meeting on the internet and proposed groundwater management legislation (SB 1158 and AB 1739) which were discussed during the meeting. 12.6. OCSD - July 23, 2014 (Kiley) President Kiley attended and noted that certificates of commendation had been provided to the California Water Environment Association, the California Association of Sanitation Agencies and the Southern California Alliance of POTWs during the meeting. He also reported that Governor Brown had signed the bill related to YLWD's seat on OCSD's Board of Directors. 12.7. YL Planning Commission - July 23, 2014 (Melton) Director Melton attended and reported that only one item of business had been discussed during the meeting, the preparation of a subsequent Environmental Impact Report for the proposed Lakeview Apartments Project. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from July 25, 2014 — August 31, 2014 The Board reviewed the activity calendar and made no changes. 5. PUBLIC COMMENTS CONTINUED Ms. Janowicz addressed the Board and requested that the District please notify local homeowners associations regarding any action taken relative to the implementation of Stage 1 of Ordinance No. 09-01. 8 2014-145 14. CLOSED SESSION The meeting was adjourned to Closed Session at 9:23 a.m. All Directors were present. Also present was Mrs. Knight and Messrs. Conklin and Beltran. 14.1. 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 communication received by the District. Number of Potential Cases: One Messrs. Conklin and Beltran left the Closed Session prior to discussion of Item No. 14.2. 14.2. Public Employment (Recruitment) Pursuant to Section 54957 of the California Government Code Title: General Manager Mrs. Knight left the Closed Session at 10:30 a.m. The Board reconvened in Open Session at 10:45 a.m. President Kiley reported 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 10:46 a.m. A Board of Directors Workshop Meeting has been scheduled Thursday, July 31, 2014 at 8:00 a.m. The next Regular Board of Directors Meeting will be held Thursday, August 14, 2014 at 8:30 a.m. Annie Alexander Assistant Board Secretary 9