HomeMy WebLinkAbout2005-01-27 - Board of Directors Meeting Minutes2005-07
Minutes of the
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
January 27, 2005, 8:30 A.M.
The January 27, 2005 regular meeting of the Yorba Linda Water District Board of
Directors was called to order by President Michael J. Beverage at 8:30 a.m. The
meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda.
DIRECTORS PRESENT AT ROLL CALL
Michael J. Beverage, President
Paul R. Armstrong, Vice President
Ric Collett
William R. Mills
John W. Summerfield
STAFF PRESENT
Michael A. Payne, General Manager
Arthur G. Kidman, District General Counsel
Kenneth Vecchiarelli, Asst G.M.
Beverly Meza, Business Manager
Michael Robinson, Assistant Administrator
Amelia Cloonan, Administrative Secretary
VISITORS PRESENT
None
NOTE
At the request of General Manager Payne, the Board of Directors moved the Closed
Session to the beginning of the meeting. The Board of Directors adjourned to Closed
Session at 8:32 a.m. with all Directors present. Also present were General Manager
Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman.
ADJOURN TO CLOSED SESSION
12. The Board may hold a closed session on items related to personnel, labor relations
and/or litigation. The public is excused during these discussions.
a. Conference with Legal Counsel regarding existing litigation to which the District
is a party. (Justification for Closed Session is Government Code Section
54956.9(a)) Orange County Water District vs. Yorba Linda Water District.
b. Discussion of pending litigation to which the District is a party (Justification for
Closed Session is Subsection (a) of Section 54956.9), Superior Court of
California, County of Orange, Central Justice Center, Case No. 11919 Gateway
Pacific Contractors, Inc.
c. Conference with Legal Counsel regarding anticipated litigation to which the
District is a party. (Justification for Closed Session is Government Code Section
54956.9(b)) (1 case)
d. Conference with Real Property Negotiator - Justification for Closed Session is
Government Code Section 54956.8.
Party of Interest: Lennar Development
Property: A.P. No. 323-191-01(por), A.P. No. 323-201-02 and A.P. No. 323-
201-05
Negotiating Parties: General Manager Payne; Assistant General Manager
Vecchiarelli; and Legal Counsel.
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2005-08
e. Conference with Real Property Negotiator - Justification for Closed Session is
Government Code Section 54956.8.
Party of Interest: Upper K. Shapell Development
Pro pert : A.P. No. 350-263-33.
Negotiating Parties: General Manager Payne; Assistant General Manager
Vecchiarelli; and Legal Counsel.
RECONVENE IN OPEN SESSION
The Board of Directors reconvened in Open Session at 9:27 a.m. Beverly Meza,
Michael Robinson and Amelia Cloonan rejoined the meeting. Lee Cory, YLWD
Operations Manager, Pamela Pietras, YLWD Assistant Administrator, David Cordero,
MWDOC Director of Government Affairs, Barry Brokaw, Sacramento Advocates, and
Jeff McNutt and Jim Boyd of Toll Brothers entered the meeting.
CLOSED SESSION REPORT
On a motion by Vice President Armstrong, seconded by Director Mills, the Board of
Directors voted 5-0 to approve a payment to Orange County Water District in the form of
a wire for $890,555 less a credit for the water allocated in the Bryant Ranch Agreement
of $235,296 for a total of $655,259.80.
CONSENT CALENDAR (Items 1 through 2)
On a motion by Vice President Armstrong, seconded by Director Mills, the Board of
Directors voted 5-0 to approve the Consent Calendar.
Minutes of the Regular Board of Directors meeting held January 13, 2005.
Recommendation: Approve minutes.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$498,755.43.
The Discussion Calendar was moved to this point in the meeting.
DISCUSSION CALENDAR
7. Update on Legislative activities and the State's budget by Barry Brokaw,
Sacramento Advocates. Mr. Brokaw distributed a memorandum regarding a
State Capitol Update and covered the material presented. Major items were
Reforming the Budget System, Bringing State Pensions into the 21St Century,
Strengthening Education, An End to Politically-Drawn Districts, Government
Reforms, Key Budget Elements, Special District Reserves, Special District
Consolidation, Special District Ethics and Compensation Legislation and
Meetings with our Legislators. Questions were asked about the budget, Senator
Ortiz' plans and protecting reserves.
Barry Brokaw, David Cordero and Pamela Pietras left the meeting at 10:18 a.m.
President Beverage stated Item 5 would be taken up next because of the presence of
interested parties.
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2005-09
ACTION CALENDAR
5. Bastanchury Reservoir and Booster Station Site Optimization. Ken Vecchiarelli,
Assistant General Manager, presented the report. A Vista Del Verde Facility
Phasing Agreement (6-30-99) was handed out. Assistant General Manager
Vecchiarelli explained which projects were included and gave background
information. Another handout of Storage (MG) and Demand (GPM) was
presented.
A question was asked about how this project would affect the Highland Booster
Station. Assistant General Manager Vecchiarelli responded it would help supply
customers. Another question was asked about any downside toward the site.
Assistant General Manager Vecchiarelli responded that it is complicated in that all
the pieces must fit. There are property exchanges to be executed with Lennar. A
successful design agreement must be executed with Parsons. President Beverage
asked Jim Boyd of Toll Brothers if he is in agreement with what the report says and
our ability to negotiate out of the contract with Schuler. Mr. Boyd responded,
basically yes. They are concerned about permits and moving the process along.
The goal is to have Lakeview completed in 12-18 months. Joint use is a benefit to
the city. The community was designed so the homes are at an elevation where
they would not be impacted by tanks, so above ground or buried is not of
significance to Toll Brothers.
On a motion by Director Mills, seconded by Vice President Armstrong, the Board of
Directors voted 5-0 to authorize staff to proceed with the Bastanchury Reservoir
and Booster Station Site Oprimization Plan as follows: negotiate amendments to
the current FFDCA's with SWEPT, L.P. including cash in lieu of construction for
future consideration by the Board; begin negotiations for design and construction
agreements with Parsons and Schuler Engineering for the optimization plan;
consult with bond counsel to determine optimum financing options for the project;
ensure that as the District considers the Terms and Conditions for Village IV,
agreements are looked into and the District works with Vista del Verde so the
agreements still to be resolved are of joint benefit.
Jim Boyd and Jeff McNutt left the meeting at 11:04 a.m.
4. Emergency Replacement of the Bastanchury Road Water Transmission Pipeline -
Job No. 200408. Assistant General Manager Vecchiarelli had nothing further to
add to the agenda report.
On a motion by Director Mills, seconded by Director Summerfield, the Board of
Directors voted 5-0 to approve Change Order No. 1 and the Final Progress
Payment in the net amount of $30,431.02 to Miramontes Construction Company,
Inc., authorize staff to file a Notice of Completion; release the Labor and Material
Bond and payment of the ten percent retention 35 days after the Notice of
Completion has been recorded, if no liens have been filed; and release the Faithful
Performance Bond in one year if no defects have been found for the Bastanchury
Road Water Transmission Pipeline Replacement, Job No. 200408.
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2005-10
6. Authorization to purchase hydro-excavator truck. Lee Cory, Operations Manager,
presented the report. This item came before the Planning-Engineering-Operations
Committee. Director Summerfield commented that the reason for buying a
camera truck was to save money and the use of an outside contractor. He asked
how much the District is saving and if the District still anticipates buying a camera
truck in the future. Operations Manager Cory stated the purchase of a TV truck will
be submitted in the upcoming budget. Director Summerfield stated the payback on
a TV truck will be quick.
On a motion by Vice President Armstrong, seconded by Director Summerfield, the
Board of Directors voted 5-0 to reject the non-responsive lowest bid of Plumbers,
authorize the General Manager to execute a contract with Haaker Equipment Co.
in the amount of $311,160.45 and to reject all other bids.
President Beverage declared a financial conflict of interest with Item 3 and left the
meeting at 11:11 a.m.
3. Quarter Horse Reservoir Expansion - Job No. 200316. Assistant General
Manager Vecchiarelli had nothing to add to the report in the agenda.
On a motion by Director Mills, seconded by Director Summerfield, the Board of
Directors voted 4-0, with President Beverage absent from the room, to approve
Change Order No. 3 and Progress Payment No. 14 to Schuler Engineering
Corporation for construction of the Quarter Horse Reservoir Expansion, Job No.
200316.
President Beverage reentered the meeting at 11:12 a.m. General Manager Payne
stated a desire to continue items 8, 9, 10 and 11 to the next Board of Directors meeting.
On a motion by Director Summerfield, seconded by
Directors voted 5-0 to adjourn at 11:13 a.m. to a
T heduled for Thursday, February 10, 2005 at 8:30 a.m.,
Michael A. Payne
Secretary/General Manager
Director Collett, the Board of
regular meeting of the Board
at the District Headquarters.
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