HomeMy WebLinkAbout2016-05-26 - Board of Directors Meeting Minutes 2016-078
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, May 26, 2016, 8:30 a.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The May 26, 2016 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Collett 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 Collett asked Mr. Marc Marcantonio to lead the pledge.
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Ric Collett, President Marc Marcantonio, General Manager
Mike Beverage, Vice President Steve Conklin, Engineering Manager
Bob Kiley John DeCriscio, Operations Manager
Gary Melton Gina Knight, Human Resources/Risk Manager
Delia Lugo, Finance Manager
DIRECTORS ABSENT Damon Micalizzi, Public Information Manager
Phil Hawkins Annie Alexander, Executive Secretary
Cindy Botts, Water Conservation Supervisor
ALSO PRESENT Mike Kiddie, Senior Fleet Mechanic
Andrew Gagen, Partner, Kidman Law Freddie Ojeda, Plant Operator II
Jeff Decker, Resident Jeremy Smith, Safety and Training Technician
Susan Decker, Resident Ron Talbert, Mechanic III
Eddy Jackson, Resident Alex Thomas, Water Quality Engineer
Ben Parker, Resident Rick Walkemeyer, Information Systems Admin
4. ADDITIONS/DELETIONS TO THE AGENDA
Mr. Marcantonio requested to remove Item Nos. 5.2. and 7.1. from the agenda as
Director Brett Barbre was not able to be in attendance and the minutes for the
April 21, 2016 Board meeting had already been approved by the Board. The
Board agreed.
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5. INTRODUCTIONS AND PRESENTATIONS
5.1. Recognize Staff Members for Receiving H.R. LaBounty Safety Award
Mrs. Gina Knight provided a brief summary of the program and two
awards received by Mr. Jeremy Smith for safety related improvements he
implemented at the District. Mr. John DeCriscio then provided an
overview of the awards received by Messrs. Mike Kiddie, Ron Talbert and
Freddie Ojeda for various safety related improvements they implemented
at the District.
5.2. MVVDSGiM VVDQG DiFeGtOF's-Refit
(This item was removed from the agenda.)
6. PUBLIC COMMENTS
Mr. Eddy Jackson, resident, commented on the recent water rate increase, the
8% credit towards the District's 36% conservation mandate, reevaluation of the
current water rate, and the District's projected versus actual net income for FY
2015/16 as of March 2016. He also commented on construction of water
infrastructure improvements for the proposed Esperanza Hills and Cielo Vista
housing developments, plans to upgrade the Fairmont Booster Pump Station,
language contained in the District's Northeast Area Planning Study and other
documents, and developer responsibility for bearing a fair share of the costs for
construction of water infrastructure improvements associated with the
aforementioned developments.
Mr. Jeff Decker, resident, commented on content contained in a previous District
newsletter related to the financial impact of the State's conservation mandate,
revenue from the recent water rate increase, topics discusses during a previous
meeting he attended with two Board members, and topics discussed during a
previous Citizens Advisory Committee meeting. He also commented on the need
for lowering the current water rate, the recall petition, plans for and the purpose
of upgrading the Fairmont Booster Pump Station, and e-mail correspondence
between staff at the City of Yorba Linda and the District related to construction of
water infrastructure improvements for the proposed Esperanza Hills and Cielo
Vista housing developments.
7. CONSENT CALENDAR
Director Beverage made a motion, seconded by Director Kiley, to approve the
Consent Calendar with the exception of Item No. 7.1. Motion carried 4-0-0-1 with
Director Hawkins being absent.
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7.1. Minutes of the-BeaFd ef-iFectters �n�-�Fkshep Meet'R9 held April 21,206
Re'GommeR'datien.-, That 89arid of Di eGtM appFGVFe-the Minutes n[•
n ren re°wry sen—d
(This item was removed from the agenda.)
7.2. Minutes of the Board of Directors Regular Meeting held April 28, 2016
Recommendation: That the Board of Directors approve the minutes as
presented.
7.3. Minutes of the Board of Directors Regular Meeting held May 12, 2016
Recommendation: That the Board of Directors approve the minutes as
presented.
7.4. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of$1,097,371.94.
7.5. Claim Filed by the Law Offices of Belgum & Fry on Behalf of Brian
Wooldridge
Recommendation: That the Board of Directors reject the claim submitted
on behalf of Brian Wooldridge and refer it to ACWA/JPIA.
8. ACTION CALENDAR
8.1. Amendment to Previously Budgeted Positions for Fiscal Year 2016-2017
Mrs. Knight explained that due to the extension of the emergency water
conservation regulations through January 2017, minor revisions were
needed to the previously budgeted positions for the next fiscal year. She
then provided a brief overview of the suggested amendments. Mr.
Marcantonio responded to related questions from the Board.
Mrs. Susan Decker, resident, commented on the hiring of water
conservation staff following the Governor's emergency drought declaration
and the salary of their department manager. She also commented on the
high conservation percentages achieved by District customers, the
discontinuation of certain salaries, and the District's budget.
President Collett explained the purpose of the water conservation staff.
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Mr. Jeff Decker, resident, commented on the purpose of the water
conservation staff, analysis of their efforts, and his opinion of the Board's
treatment of District customers.
Director Melton disagreed with Mr. Decker's comments regarding the
Board's treatment of District customers.
Director Beverage made a motion, seconded by Director Kiley, to adopt
Resolution No. 16-04 approving the budgeted positions for Fiscal Year
2016-2017 and rescinding Resolution No. 16-01. Motion carried 4-0-0-1
on a Roll Call vote with Director Hawkins being absent.
8.2. Draft 2016 Water Quality Report
Mr. Steve Conklin explained that the report included water quality testing
data from January through December 2015. This year's report is being
presented in a new format in order to improve readability. He then
introduced Mr. Alex Thomas who provided an overview of key information
contained in the report. He noted that the District had not exceeded any
federal or state drinking water standards. As the report will be distributed
digitally this year, staff is planning to include messaging in the June and
July customer billings indicating that it will made be available on the
District's website and that hard copies can be obtained at YLWD's
headquarters. This same messaging will be provided on the front page of
the District's website and in the next edition of the newsletter. Mr. Thomas
then responded to related questions from the Board. Vice President
Beverage commented on the cost savings associated with distributing the
report electronically. Mr. Thomas then responded to additional questions
from the Board and provided an overview of the District's water quality
monitoring program. Mr. Marcantonio commented on the importance of
having qualified and responsible staff to perform the necessary work
associated with monitoring and maintaining the District's water quality.
Mr. Ben Parker, resident, commented on the importance of having multiple
water sources and his personal comparison of other water districts and
their use of recycled water. He suggested that the District look into
implementing a recycled water program and commented on the historically
low visibility of the District's operations.
Director Collett explained that the District's wastewater was recycled
indirectly through the Orange County Groundwater Replenishment System
(GWRS). One of the conditions contained in the District's annexation
agreements with the Orange County Water District (OCWD), is that YLWD
deliver its wastewater to the Orange County Sanitation District for
preliminary treatment before being transferred to OCWD for secondary
treatment and reuse. Mr. Marcantonio noted that the District was
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contractually prohibited from implementing a "purple pipe" system in its
service area.
Director Beverage made a motion, seconded by Director Kiley, to approve
the 2016 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 electronic deliver. Motion carried 4-0-0-1 with Director
Hawkins being absent.
8.3. Change Order No. 1 for the 2016 Sewer Main CIPP Rehabilitation Project
Mr. Conklin explained that the original budget for this project was $250K.
Following the bidding process the contract was awarded for $189K. Since
that time, District staff identified additional areas that needed to be
rehabilitated now rather than later in order to avoid potential leaks. As
such, staff is suggesting that this additional work be added to the current
contract through a Change Order in the amount of $58K. The total
combined expense will still remain less than the original budgeted amount.
Mr. Marcantonio commented on the cost savings associated with these
types of opportunities as the contractor won't need to remobilize.
Director Melton made a motion, seconded by Director Kiley, to approve
Change Order No. 1 in the amount of $58,330.01 and seven additional
days to Burtech Pipeline, Inc. for construction of the 2016 Sewer Main
CIPP Rehabilitation Project, Job No. 2015-10S. Motion carried 4-0-0-1
with Director Hawkins being absent.
9. DISCUSSION ITEMS
9.1. Financial Impact of SWRCB Emergency Regulation for Statewide Urban
Water Conservation Adopted May 18, 2016
Mr. Marcantonio explained that the State Water Resources Control Board
(SWRCB) had adjusted the emergency water conservation regulations to
allow local water suppliers to set their own conservation goal and self-
certify their analysis. Suppliers can choose to continue using the
SWRCB's assigned conservation percentage or proceed with the State's
certification process for consideration of a new goal. Suppliers seeking a
new goal must ensure that a 3-year water supply will be available should
drought conditions continue. Staff is in the process of obtaining data from
MWDOC and OCWD for analysis in order to prepare an application for
self-certification. Any modification of the current conservation goal will
impact the District's revenues. As such, staff is presenting this information
to the Board for discussion as there may be an opportunity to adjust the
water rate.
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Mr. Damon Micalizzi explained that there is no guarantee that an agency's
self-certification goal will be accepted by the SWRCB. It's also possible
that SWRCB could revert back to mandating specific conservation
percentages in January 2017. MWD recently moved to Condition 2 water
supply alert which correlates with Stage 1 of the District's water
conservation ordinance allowing customers to water 3 days per week.
Moving to Stage 1, should the Board make that determination, would still
provide some level of water conservation. However, it will be very difficult
for staff to project how much consumption may increase or "bounce back".
Mr. Micalizzi then summarized the results of a recent drought related
survey, reported on projected weather patterns, and responded to
questions from the Board.
Mr. Marcantonio noted that the District's rates need to cover the cost of
service. When the cost of service increases or decreases, the District has
to make adjustments to the rates. This process requires the performance
of in depth analysis and collaboration with the District's financial advisors.
Vice President Beverage commented on the District's original 5-year
financial plan, the impact of the State's emergency conservation
regulations on this plan, and taking extra time to complete the budget
process for next fiscal year if necessary. He also commented on the need
for reviewing the District's water conservation ordinance.
Mr. Marcantonio explained that prior to the State's emergency
conservation regulations, the Board was working on a 5-year financial plan
that would shift the District's business model in modest increments so it
wasn't as reliant on high volume consumption. Unfortunately, the new
regulations made it necessary to compress the 5-year plan into 1 year.
Mr. Marcantonio stated that with the recent change in the State's
regulations, he expected the District may be able to "decompress" the plan
given there was sufficient revenue to cover YLWD's cost of service, debt
covenant requirements, and to continue building reserves to responsible
levels as recommended in the rate study. Evaluating this change will
require additional financial analysis. Staff has been in contact with
Raftelis who indicated they would try to make themselves available to
assist the District with this process.
President Collett and Vice President Beverage both commented on the
timing for adoption of the final budget, other agencies decision to go back
to no required conservation, revising the District's water conservation
ordinance and potentially changing the current stage.
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Mr. Micalizzi commented on the potential impact of changing the District's
water conservation stage and the probability of some measure of
mandated conservation continuing even after the drought. Similar to what
happened following the previous drought, customer consumption will likely
never return to the same levels due to permanent lifestyle and
landscaping changes. He also stated that he didn't believe there would be
any danger in allowing customers to water 3 days per week given that
several other agencies had reverted back to no required conservation.
MWDSC is still planning to roll out a robust public awareness program
encouraging customers to continue being responsible stewards in regards
to their water usage.
President Collett suggested the Board provide guidance to staff as to what
stage of the conservation ordinance they'd like to consider moving to.
Vice President Beverage suggested that the 15 minute limit on watering
duration per station per day in the permanent restrictions be revised to
recommend watering 5 minutes per station twice daily. Mr. Micalizzi noted
that a workshop meeting could be scheduled to discuss revising the
conservation ordinance. Directors Beverage, Melton and Kiley indicated
that they were in favor of moving to Stage 1 of the conservation ordinance.
Director Kiley stated that he would like to discuss the section related to
hardship variances in more detail. Mr. Micalizzi stated that the language
in the conservation ordinance was primarily based off a template provided
by MWDSC. He noted that MWDSC was in the process of updating this
template. Mrs. Lugo asked for clarification regarding the stage the Board
was desiring to move to and the consumption data to be used as a
baseline in order to prepare for the next budget workshop. She also
commented on the difficulty of projecting customer consumption for the
next fiscal year and confirmed that the Board desired staff to work with
Raftelis. Mrs. Lugo noted that staff's goal was to provide some in-house
financial scenarios to the Board at the next workshop meeting.
10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. President's Report
President Collett reported on his attendance at the OC Water Summit.
10.2. Directors' Reports
• OC Water Summit— May 20, 2016 (Collett/Hawkins/Kiley/Melton)
Directors Kiley and Melton reported on their attendance at this
event.
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10.3. General Manager's Report
Mr. Marcantonio asked each of the managers (or their designee) to
provide a report regarding activities within their respective departments.
Mr. Conklin reported on the status of the Well 21 and Richfield Road
Pipeline Projects, the 2015 Waterline Replacement Project, 2016 Sewer
Main CIPP Rehabilitation Project, and the Fairmont Booster Pump Station
(BPS) Upgrade Project. He noted that the Fairmont BPS had been in
place for over 40 years and needed to be replaced. The planned upgrade
will increase the District's ability to deliver low-cost groundwater to 100%
of the YLWD's service area in addition to other unique opportunities.
Mrs. Lugo reported that staff was preparing for the interim field audit,
working on extending the maturity date of the District's line of credit from
September 30, 2016 to December 30, 2017, and preparing the draft
budget for FY 2016/17.
Mr. DeCriscio stated that pursuant to the District's purchasing policy, staff
was formally notifying the Board that funds were being transferred from
the emergency maintenance fund to repair the portable pumps at the
Fairmont BPS which were installed to produce additional groundwater. An
engine broke down on one of the pumps, and the casing blew off on
another pump. The District would not have been able to produce the
same amount of groundwater this year without the installation of these
pumps. The initial repair estimate from John Deere was $34K to rebuild
the engine. The District's mechanics felt the estimate was high and that
they could perform the work themselves and have the pump returned into
service in the next month using $5K for parts. The District's total cost,
including the work performed for the original estimate, is approximately
$10K. Mr. Marcantonio noted that the gross savings associated with
utilizing these pumps to produce additional groundwater this year was
approximately $800K. When the Fairmont BPS upgrade project is
complete, the enhanced production capabilities currently provided by the
portable pumps will be available all the time. Mrs. Lugo explained that the
District has a $250K target level maintenance reserve to be used for
unforeseen capital costs. Utilization of these funds requires notification of
the General Manager and the Board of Directors as specified in the
District's purchasing policy.
Mr. Rick Walkemeyer did not have anything to report on Mr. Art Vega's
behalf.
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Mr. Micalizzi reported on recent activity associated with the Governor's
draft budget. He noted that he was planning to attend a Public Listening
Session with the Depart of Water Resources, SWRCB, and the
Department of Food and Agriculture on June 6, 2016, and that the
SWRCB was proposing to increase its annual charges. Staff is working
on the next edition of the newsletter and providing information to the OC
Register for an upcoming article regarding local government reserve
levels.
Mrs. Knight stated that due to the length of the meeting, she would save
her report until the next regular Board meeting.
Mr. Marcantonio noted that he would be out of the office but available by
phone/e-mail during the next week.
Mr. Ben Parker, resident, shared his opinion of some negative
commentary he'd observed, and encouraged all parties to treat each other
respectfully.
Director Kiley commented on the number of recalls that had been initiated
in the community over the past several years.
Mr. Parker stated that recalls were part of the legislative process and
encouraged everyone to be courteous.
10.4. General Counsel's Report
Mr. Andrew Gagen stated that he had nothing to report and that there was
a need for the Closed Session.
10.5. Future Agenda Items and Staff Tasks
Vice President Beverage requested that additional workshops be
scheduled to review the District's water conservation and administrative
penalty ordinances. President Collett suggested that these workshops be
scheduled to occur sometime in July.
11. COMMITTEE REPORTS
11.1. Interagency Committee with MWDOC and OCWD
(Collett / Melton)
■ Next meeting is scheduled to be held May 24, 2016 at 4:00 p.m.
President Collett and Director Melton reported on the topics
discussed during this meeting.
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11.2. Joint Agency Committee with City of Yorba Linda
(Collett / Beverage)
• Minutes of the meeting held April 26, 2016 at 9:00 a.m. were
provided in the agenda packet.
• The next meeting is scheduled to be held May 31, 2016 at 9:00
a.m. at YL City Hall.
11.3. Interagency Committee with City of Placentia and Golden State Water Co.
(Collett / Kiley)
• Minutes of the meeting held May 9, 2016 at 3:00 p.m. will be
provided when available.
• The next meeting is yet to be scheduled.
11.4. Citizens Advisory Committee
(Melton)
• Minutes of the meeting held May 23, 2016 at 8:30 a.m. will be
provided when available.
Directors Melton and Beverage reported on the topics discussed
during the meeting.
• The next meeting is scheduled to be held June 27, 2016 at 8:30
a.m.
12. INTERGOVERNMENTAL MEETINGS
The Directors present reported on their attendance at the following meetings.
12.1. WACO — May 13, 2016 (Kiley)
12.2. YL City Council — May 17, 2016 (Collett)
12.3. MWDOC Board — May 18, 2016 (Melton)
12.4. OCWD Board — May 18, 2016 (Kiley)
12.5. OCSD Board — May 25, 2016 (Kiley/Beverage)
12.6. YL Planning Commission — May 25, 2016 (Hawkins)
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13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from May 27, 2016 — June 30, 2016
The Board reviewed the activity calendar and made no changes.
14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
14.1. UWI Conference —August 24-26, 2016
Director Kiley commented on the purpose of the conference and the
benefits of Director attendance.
No motion was made to approve Director attendance at this event.
15. CLOSED SESSION
The meeting was adjourned to Closed Session at 10:25 a.m. All Directors in
attendance were present. Also present were Messrs. Gagen, Marcantonio, and
Micalizzi and Mrs. Knight,
15.1. Conference with Legal Counsel — Pending Litigation
Pursuant to Subdivision (a) of Section 54956.9 of the California
Government Code
Name of Case: Kent Ebinger and Yorba Linda Taxpayers Association
vs. Yorba Linda Water District (OC Superior Court —
Case No. 00829548)
The Board reconvened in Open Session at 11:20 a.m. No action was taken
during Closed Session that was required to be reported under the Brown Act.
16. ADJOURNMENT
16.1. The meeting was adjourned at 11:21 a.m. A Board of Directors Workshop
Meeting has been scheduled on Monday, June 6, 2016 at 8:30 a.m. The
next Regular Board of Directors Meeting will be held Thursday, June 9,
2016 at 8:30 a.m.
Annie Alexander
Assistant Board Secretary
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