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HomeMy WebLinkAbout2007-08-23 - Board of Directors Meeting Minutes2007-137 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 23, 2007 The August 23, 2007 regular meeting of the Yorba Linda Water District Board of Directors was called to order by Vice President John Summerfield at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL John W. Summerfield, Vice President Michael J. Beverage William R. Mills STAFF PRESENT Kenneth Vecchiarelli, Asst. General Manager Diane Cyganik, Finance Director Art Vega, Acting IT Manager Leon de Los Reyes, Water Quality Engineer Amelia Cloonan, Exec. Secty Anh Nguyen, GIS Technician DIRECTORS ABSENT AT ROLL CALL Ric Collett, President Paul R. Armstrong INTRODUCTION OF VISITORS AND PUBLIC COMMENTS Brett Barbre, Director, MWDOC Susan Janowicz, Operations Manager, East Lake Village Community Association Jim Wohlt, President, East Lake Village Community Association Dan Koby, resident Mr. Koby spoke stating he would not have purchased his home had he known about the low water pressure and train whistles. He was not made aware of a declaration of restrictive covenants. He came to the meeting to find a solution to the problem. Assistant General Manager Vecchiarelli indicated developers have been paying into system developments that are in the works. After the last meeting, a temporary pump was put in at Del Prado to monitor whether there was enough of an increase in pressure to warrant putting one in permanently. There was a suction problem. Some modifications will be made and a pump will be tried again. A consultant has been asked to prepare a proposal for running a model to refine what can be done for temporary pumping. It will take about three weeks to get recommendations for temporary pump sizing, and within six weeks we may have another run on the pump. Director Beverage commented a pump station may be necessary in that area, but this causes problems with noise. The quickest fix is to have homeowners put their own pumps in. Susan Janowicz spoke about what was discussed at the last YLWD Board meeting. Assistant General Manager stated the District could add this particular zone reconfiguration back into the five year plan with the consent of the Board of Directors. 2007-138 Vice President Summerfield is concerned with the problem of dead ends where there is no circulation. He believes it will be better for the residents if the situation is handled in a methodical manner to help all the residents. Part of the work with the consultant is looking at several different solutions that might work. Stagnant water may result with dead ends. Assistant General Manager Vecchiarelli asked why putting in private pumps was not an option? Mr. Koby wants to find out who has the final financial responsibility for this option. He believes the developer was unfairly enriched, and the burden should not fall to the homeowners association. Director Beverage stated four solutions were brought up at the last Board meeting. The fastest solution is to put in individual pumps. Joint venturing with the homeowners might be a solution. The District cannot be responsible for an agreement between the city and the developer. Tom DeMars, Fieldman Rolapp & Associates, entered the meeting at 8:55 a.m. Assistant General Manager Vecchiarelli suggested making an appointment to spend more time with Mr. Koby. Susan Janowicz said the Association has been notified the District is working with East Lake Village. Vice President Summerfield asked how much time we will need to offer the homeowners some information. According to Assistant General Manager Vecchiarelli, about the only thing the District could get on the next Agenda, the first meeting in September, is to add the project back to the five year plan. The Board will have to approve this action. In the meantime, the District needs to determine how big the problem is, because the District cannot apply resources to satisfy everyone. The District should be able to work with the individuals involved outside the Board meeting venue. Kurt Yeager, Stradling, Yocca, Carlson and Rauth, entered the meeting at 8:59 a.m. Jim Wohlt stated 112 homes have now been identified as having water pressure problems. Director Beverage stated he will meet with the homeowners with a staff member present. The matter will be put back on the five year plan. President Summerfield thanked the homeowners for coming. Susan Janowicz and Jim Wohlt left the meeting at 9:13 a.m. Assistant General Manager Vecchiarelli introduced Tom De Mars and Kurt Yeager. Brett Barbre, MWDOC Director, stated quagga mussels are being found in the Metropolitan system. Diamond Lake has not yet been affected. High chlorination kills the larvae. This is about a $15 million project. It is believed the quagga mussel infestation develops from ballast water dumped into the bays- -2- 2007-139 SPECIAL RECOGNITION Assistant General Manager Vecchiarelli introduced Anh Nguyen and recognized her on her promotion to GIS Technician. Anh Nguyen left the meeting at 9:20 a.m. PUBLIC HEARINGS 1. 2007 Public Health Goals Report a. Vice President Summerfield opened the Public Hearing at 9:21 a.m. b. Assistant Secretary Vecchiarelli provided proof of public hearing notice, correspondence and/or petitions c. Testimony began with a report by Water Quality Engineer de los Reyes who stated this is the official meeting required by state law. No public comments were received. The District meets all enforceable standards. The maximum contaminant level is what the District complies with by law. Most agencies do not meet all the public health goals. The level of detection is set very low, but the technology for zero risk is not available or not economically feasible. MWDOC Director Barbre said that sometimes politics drives the goals, not science. d. Testimony from public There was no testimony from the public. e. Vice President Summerfield closed the Public Hearing at 9:27 a.m. f. Discussion There was no further discussion. Director Beverage stated the Public Information Committee looked at the Public Health Goals Report. ..On a motion by Director Mills, seconded by Director Beverage the Board of Directors voted 3-0 to accept and file the Yorba Linda Water District's 2007 Public Health Goals Report. Dan Koby left the meeting at 9:28 a.m. Assistant General Manager Vecchiarelli stated Item 6 of the Consent Calendar would be continued to the first Board meeting in September, because one of the Board members present has an economic conflict of interest. CONSENT CALENDAR (Items 2 through 6) On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 3-0 to approve Consent Calendar items 2 through 5. 2. Minutes of the Regular Board of Directors meeting held August 9, 2007. Recommendation: Approve the minutes as presented. 3. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $2,674,366.14. -3- 2007-140 4. Progress Payment for Construction of the Lakeview Reservoir. Recommendation: Approve Progress Payment No. 3 in the net amount of $530,687.70 to SSC Construction, Inc. for construction of the Lakeview Reservoir Project, Job No. 200704. 5. Quitclaim Deed to Placentia-Linda Hospital, Inc. Recommendation. Authorize the President and Secretary to execute a Quitclaim Deed to Placentia-Linda Hospital, Inc. abandoning a 10 by 5 square feet section of one 20-foot wide easement and a portion of the other 20-foot wide District easement recorded in Book 10022, Pages 200-201 and 202-203 of Official Records of Orange County, California, respectively. Item 6 is continued to the Board meeting for September 13, 2007. 6. Deed of Easement to City of Yorba Linda. Recommendation: Authorize the General Manager to execute a Deed of Easement to the City of Yorba Linda for a portion of Parcel 1 recorded in Book 10129, Page 99 of Official Records of Orange County, California, for maintenance of landscaping improvements along Fairmont Boulevard. ADJOURN TO CLOSED SESSION 7. None Brett Barbre left the meeting at 9:29 a.m. ACTION CALENDAR 8. Consider Issuance of Certificates of Participation for Capital Projects. Assistant General Manager Vecchiarelli stated the purpose of the resolution is to start the clock from the date of adoption. The bonds are to be sold for funding capital projects. The Finance Accounting Committee discussed this item. It was noted that Exhibit A-9 should be attached to the resolution exhibits. There was an explanation of the original bond issue and the allocation of the funds. The resolution provides for up to $40 million. Tom DeMars said projections will be put together for debt service. These will be out in the next sixty days, coming back to the Finance-Accounting Committee first. Assistant General Manager Vecchiarelli commented that the cash flow analysis will be extended out also. There was an explanation of what the District is borrowing for, which projects. Kurt Yeager spoke about the capacity to do what the District needs. According to Assistant General Manager Vecchiarelli, the rate will be increased about 21 cents for $30 million. Projects will be narrowed down and the amount of the cost estimate will be determined within a range of uncertainty with the numbers including a 10% contingency. -4- 2007-141 On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 3-0 on a Roll Call vote to: a. Adopt Resolution No. 07-15, A Resolution of the Board of Directors of the Yorba Linda Water District Regarding Its Intention To Issue up to $40M in Tax-Exempt Obligations; On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 3-0 to: b. Authorize the General Manager to take any and all necessary steps to authorize the expenditure of existing 2003 Certificate of Participation proceeds on any of the Projects identified in the Resolution to the extent allowable under the existing Certificate of Participation documentation, by recharacterization of the defined Projects thereunder. On a motion by Director Beverage, seconded by Director Mills, the Board of Directors voted 3-0 to: c. Approve a Professional Services Agreement, subject to approval as to form by General Counsel, with Fieldman, Rolapp & Associates to serve as the District's Financial Service Advisor for administering the issuance of the certificates of participation; and d. Approve a Professional Services Agreement with Stradling, Yocca, Carlson & Rauth, subject to approval as to form by General Counsel, to serve as the District's Bond Counsel. A recess was declared at 9:57 a.m. Art Vega, Tom De Mars and Kurt Yeager left the meeting. The Board reconvened at 10:05 a.m. 9. Final Change Order and Final Progress Payment - Cast Iron Replacement and Sewer Improvement Projects. Assistant General Manager Vecchiarelli presented the report. There was discussion about the change order and the item breakdown. Total changes were summarized. Paving costs and estimates were discussed. Also discussed was CalTrans, the County requirements, responsibilities, specs and spec writing by consulting engineers, project inspector responsibilities and seeking reimbursement from Tetra Tech for their errors and the County for reimbursement of expenses incurred. On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 3-0 to approve the following items: Final Change Order No. 4 in the amount of $423,729.27, with the understanding that the District will seek reimbursement of costs from Tetra Tech for their errors and from the County of Orange, and Final Progress Payment No. 11 in the net amount of $336,302.34 to Vido Artukovich and Son Inc./Vidmar Inc., a Joint Venture; -5- 2007-142 authorize staff to file the Notice of Completion and release retention to five percent, release the balance of retention thirty five days following the recordation of the Notice of Completion, 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 combined Cast Iron Replacement and Sewer Improvement Projects, Job Nos. 200407, 200515, 200516, 200603 and 200604. DISCUSSION ITEMS 10. None. REPORTS, INFORMATION ITEMS AND COMMENTS 11. a. President's Report There was no report. b. Directors Reports 1) Director Mills - Report on OCWD Water Resources Report & the Dyer Road Well Field. Director Mills explained the charts presented to the Board members in the Agenda. He spoke about the Carl Thornton Well and Dyer Road Wells. There is a problem with water color. The terms of annexation include leaving the Dyer Road Well Field. c. General Managers Report Assistant General Manager Vecchiarelli recognized District employees manned a water booth and mister station at the Relay for Life cancer walk the second week of August. Katy Brown, Scott Coffman, Nicole Dalton, Jimmy DeAnda, Rick DeAnda, Ron Hazzard, Jerry Huizar, Harold Hulbert, Cheryl Kielty, Jaime Ruvalcaba and Anthony Varian participated. Assistant General Manager Vecchiarelli distributed a letter to the Board members from the Groundwater Producers Group dated August 13, 2007. d. General Counsel's Report General Counsel did not attend the meeting. COMMITTEE REPORTS 12. a. Executive-Administrative-Organizational Committee (Collett/Summerfield) Alternate: Armstrong 1) Minutes of meeting held August 21 will appear in the Board Agenda for September 13. Vice President Summerfield reported the Committee discussed rescheduling November and December meetings. The meeting scheduled for November 22 will be held November 21. The Board meeting scheduled -6- 2007-143 for December 13 will be held on that date unless the number of Board members attending the CRWUA would preclude a quorum of Directors. The Public Information Committee meeting of November 6 will be rescheduled, and the Personnel-Risk Management Committee meeting will be held November 14. A request for proposals for the Legislature's 2007-2008 session was received and discussed. A resolution in support of the water infrastructure package was also discussed. A report was presented on Directors' and General Manager's fees and expenses for the fourth quarter ending June 30, 2007. ACWA committee appointment nominees for the 2008-09 term and ACWA Region 10 election for 2008-09 term appeared as information items. 2) Meeting scheduled for September 18, 4:00 p.m. b. Finance-Accounting Committee (Mills/Beverage) Alternate: Summerfield 1) Minutes of meeting held August 14 appeared in the Agenda. Director Mills stated the County commingled funds are being watched carefully, and the money will be withdrawn. A refund check was received from MWDOC. It will be determined how to return the funds to customers. The committee discussed the issuance of certificates of participation. A status report was given by Keith Khorey of Wells Capital on investments as of July 31, 2007. Issues involving the sewer rates and work underway on the water rate study were also discussed. 2) Meeting scheduled for September 11, 4:00 p.m. c. Personnel-Risk Management Committee (SummerfieId/Arm strong) Alternate: Mills 1) Minutes of meeting held August 13. Vice President Summerfield reported the committee discussed ACWA/JPIA's general liability insurance deposit premium for October 1, 2007 through September 30, 2008. Status reports were given on recruitments, risk-management activities, exempt/non-exempt classification and Blue Cross benefits. 2) Meeting scheduled for September 10, 4:00 p.m. -7- 2007-144 d. Planning-Engineering-Operations Committee (Armstrong/Mills) Alternate: Collett 1) Meeting scheduled for September 6, 4:00 p.m. e. Public Information Committee (Collett/Beverage) Alternate. Armstrong 1) The meeting held August 7 was reported on in the Board meeting held on August 9 and appear in the minutes of that meeting. 2) Meeting scheduled for September 7, 8:30 a.m. f. Building Ad Hoc Committee (Summerfield/Beverage) Alternate: Armstrong 1) Meeting scheduled for September 20, 4:00 p.m. g. MWDOC Ad Hoc Committee (Beverage/Collett) Alternate: Mills 1) Meeting scheduled for August 28, 4:00 p.m. h. City of Placentia Ad Hoc Committee (Beverage/Payne) 1) Meeting to be scheduled. INTERGOVERNMENTAL MEETINGS 13. a. Yorba Linda Planning Commission, August 15, 6:30 p.m. There was no report. b. MWDOC Board, August '115,8:30 a.m. No one attended. c. OCWD Board, August 15, 5:00 p.m. No one attended. d. Yorba Linda City Council, August 21, 6:30 p.m. Director Mills attended. The oleander trees located a certain distance from the horse trail will be removed. The Yorba Linda Water District's sewer rates were brought up in the public comment portion of the meeting. -8- 2007-145 BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after August 23, 2007. Agenda is available in the District office prior to meeting. Yorba Linda Planninq Commission, Auq 29, 6:30 p.m. Summerfield September 2007 Yorba Linda City Council, Sept 4, 6:30 .m. Collett Mills to attend MWDOC/MWD Joint Workshop, Sept 5, 8:30 a.m. Staff OCWD Board, Sept 5, 5:00 .m. Staff WACO, Sept 7, 7:30 a.m. Mills Plan nin -En ineerin -Operations Committee, Sept 6, 4:00 p.m. Armstrong/Mills Public Information Committee, Sept 7, 8:30 a.m. Collett/Beverage Personnel-Risk Management Committee, Sept 10, 4:00 p.m. Summerfield/Armstron Finance-Accounting Committee, Set 11, 4:00 .m. Mills/Beverage Yorba Linda Planning Commission, Sept 12, 6:30 p.m. Armstrong Executive-Admin-Or anizational Committee, Set 18, 4:00 .m. Collett/Summerfield Yorba Linda City Council, Sept 18, 6:30 p.m. Mills (Collett to attend MWDOC Board, Set 19, 8:30 a.m. Staff OCWD Board, Set 19,5:00 .m. Staff Building Ad Hoc Committee, Sept 20, 4:00 p.m. Summerfield/Bevera e Yorba Linda Planning Commission, Sept 26, 6:30 .m. Summerfield CONFERENCES AND SEMINARS 14. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. a. None. ADJOURNMENT On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 3-0 to adjourn at 11:10 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, September 13, 2007, at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. -9- Secretary 2007-146