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HomeMy WebLinkAbout2005-02-24 - Board of Directors Meeting Minutes2005-19 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING February 24, 2005, 8:30 A.M. The February 24, 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 Kenneth Vecchiarelli, Asst G.M. Beverly Meza, Business Manager Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Amelia Cloonan, Administrative Secretary VISITORS PRESENT Don Gillis, Gillis & Associates Jack Panichapan, Gillis & Associates SPECIAL RECOGNITION AND PRESENTATIONS CONSENT CALENDAR (Items 1 through 4) President Beverage stated due to a financial interest, he would abstain from voting on Item 3. On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve Consent Calendar items 1, 2 and 4. 1. Minutes of the Regular Board of Directors meeting held February 10, 2005. Recommendation: Approve minutes of the Regular Board of Directors meeting held February 10, 2005. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $695,833.62. 4. Authorization to Purchase a 2005 Toyota Camry Sedan. Recommendation: Authorize the General Manager to execute a purchase contract with Carson Toyota in the amount of $18,411.18. -1- 2005-20 On a motion by Vice President Armstrong, seconded by Director Mills, the Board of Directors voted 4-0-1, with President Beverage abstaining, to approve Consent Calendar item 3. 3. Terms and Conditions for Water and Sewer Service to Upper K. Shappell Joint Venture, Tract No. 16759 located east of Fairmont Boulevard and north of the future extension of Bastanchury Road. Job No. 200426. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to move Discussion Calendar item 13 to this point in the agenda because Don Gillis and Jack Panichapan, Gillis & Associates, were present and ready. DISCUSSION CALENDAR 13. New Administrative Building Exterior Architecture. Don Gillis stated the cost for the project has not yet been determined. The footprint of the building has been compressed down to the smallest possible that will still solve the District's needs. He stated the building is not extravagant. General Counsel Arthur Kidman entered the meeting at 8:35 a.m. Jack Panichapan showed the layout of the building including: parking, public area, board area, main lobby and departmental areas. Adjusting the architectural style is the next step. He displayed five different concepts. There was discussion about roofs, about the possibility of solar energy and about tiltups. Recommendation: All the members of the Board of Directors voiced conceptual approval for the architects to move in the direction of Prairie - Elevation No. 1. Director Summerfield asked General Manager Payne what the staff Building Committee had selected. Mr. Payne stated members of the staff Building Committee and other staff had overwhelmingly chosen Prairie - Elevation No. 1. Don Gillis and Jack Panichapan left the meeting at 9:05 a.m. ACTION CALENDAR President Beverage declared a financial conflict of interest with Item 5, declared he would abstain from voting and discussion and removed himself from the meeting at 9:06 a.m. 5. Quarter Horse Reservoir Expansion. Assistant General Manager Vecchiarelli presented the report. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 4-0-1, with President Beverage abstaining, to approve Progress Payment No. 15 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion, Job No. 200316. -2- 2005-21 President Beverage rejoined the meeting at 9:07 a.m. 6. Bastanchury Reservoir and Booster Station Site Optimization Plan. Assistant General Manager Vecchiarelli presented the report. He stated this was a followup to an action item approved by the Board of Directors on January 27. This is the first part of the engineering design for this very complicated project. He gave an outline of the background of the project. General Manager Payne reported he met with Lennar last night to discuss how their project coincides with the District's plan. Moving the booster station is an important part of this plan. A question was asked about the sole source for the project. Assistant General Manager Vecchiarelli stated the reason for sole source is Parsons has a team that is already up to speed. Timing is very important. General Counsel Kidman stated that legally the District is not required to public bid. The Board has some parameters. Director Mills expressed his belief that public bidding is always a good idea. General Manager Payne responded the District is not committed to staying with Parsons or Schuler but is moving forward to see if we have a viable project. If it is determined the project is viable, staff would review all options regarding soliciting proposals for design and construction. On a motion by Vice President Armstrong, seconded by Director Mills, the Board of Directors voted 5-0 to authorize the General Manager to execute a Consultants Agreement with Parsons Water & Infrastructure Inc., subject to approval as to form by General Counsel, in the amount not to exceed $77,700 to prepare a Feasibility Study and Basis of Design Report for the Bastanchury Reservoir and Booster Station Site Optimization Plan. 7. Professional Services Contract for Sewer Flow Monitoring. Assistant General Manager Vecchiarelli presented the report. The funds for this contract are coming out of the Water Operating Fund. President Beverage asked that the phrase "not to exceed" be eliminated and that a range be put in. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 5-0 to authorize the General Manager to execute a professional services contract with ADS Environmental Services in the range of $33,500 to install temporary sewer flow meters and prepare an inflow and infiltration analysis and sewer flow report on the District's sewer system. 8. Deed a slope maintenance easement over portions of lot 91 of Tract No. 16321 to Kerrigan Ranch II Community Association. Assistant General Manager Vecchiarelli reported the exhibits have changed from a deed to an easement document. In the legal description, staff is requesting a meets and bounds description of the easement area. The easement would be recorded into their homeowners association documents stating they are responsible for maintaining the area within the easement. -3- 2005-22 On a motion by Vice President Armstrong, seconded by Director Collett, the Board of Directors voted 5-0 to authorize the President and Secretary to execute a slope easement over lot 91 of Tract No. 16321 to Kerrigan Ranch II Community Association subject to review as to form by District's general counsel. 9. Two Year Contract with Sacramento Advocates, Inc. Assistant Administrator Robinson presented the report. This firm represents the District in Sacramento. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 5-0 to authorize the General Manager to execute a two year contract with Sacramento Advocates, Inc. with an effective date of March 1, 2005. 10. Amendment to retainer agreement for legal services with Rutan & Tucker, LLP. Assistant Administrator Robinson presented the report. This firm, which specializes in personnel and human resources issues, is asking for an increase in their rate. On a motion by Director Summerfield, seconded by Vice President Armstrong, the Board of Directors voted 5-0 to authorize the General Manager to execute an amendment to retainer agreement for legal services with Rutan & Tucker, LLP. effective March 1, 2005. 11. Financial Statements for five months and six months of fiscal year 2004-2005 ending November 30, 2004 and December 31, 2004. Business Manager Meza presented the report. On a motion by Director Collett, seconded by Vice President Armstrong, the Board of Directors voted 5-0 to receive and file the Financial Statements for five months and six months of fiscal year 2004-2005 ending November 30, 2004 and December 31, 2004. 12. Annual Board of Director's Tour of District Facilities. General asked the Board of Directors to select a date for the annual tour. a.m. to noon was the date chosen. The Board will meet at 4622 The tour is open to participation by the public. REPORTS, INFORMATION ITEMS AND COMMENTS 14. a. President's Report The President had nothing to report. b. Directors Reports The Directors had nothing to report. Manager Payne April 8 at 8:30 Plumosa Drive. -4- 2005-23 c. General Managers Report General Manager Payne reported there was a slide at the Highland Reservoir. Assistant General Manager Vecchiarelli gave details and reported on a meeting to discuss rain gutters. Operations Manager Cory stated there was a lot of water on the road. Signs were installed to ask the public not to use the road. Staff will keep the Board posted. General Manager Payne also reported that a personal delivery for each Board member was received yesterday. Mr. Payne delivered the letter to each Board member. The Board members will have a report regarding the letter at the next Board meeting. d. General Counsel's Report General Counsel Kidman reported there was a release from ACWA relative to their effort with CSDA about the need to protect reserves. This is precautionary at the moment. Different water agencies are reacting to the idea of reform of pension programs. Most are concerned that new employees would not have as valuable a pension as older employees. Regarding the Ortiz Bill, ACWA has worked with Assemblywoman Salinas to create something that is more of a half measure focused primarily on attendance at conferences and tightening up board member fees. Ethics training is another issue. The question originally was why should water districts be singled out. However, the legislature and all legislative staff are required to go through training on ethics every session. Senator Kuehl indicates she will introduce a bill that would require a higher degree of pink slip on water rights and ground water production. They want to make sure there is wet water and not paper water. They are looking for something akin to a title report verifying a water right actually exists. COMMITTEE REPORTS 15. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) Minutes of meeting held February 15. President Beverage reported the committee looked at the two contracts. Under information items, the committee looked at directors' expenses, general managers' expenses and consultants' expenses. They also talked about the Board Goals Workshop. Meeting scheduled for March 15, 4:00 p.m. -5- 2005-24 b. Finance-Accounting Committee (Mills/Collett) Minutes of meeting held February 8. These were follow-up minutes of what was reported on verbally at the last board meeting. Meeting scheduled for March 8, 4:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills) Minutes of meeting held January 20. Minutes of meeting held February 14. Director Collett reported the committee spoke about insurance costing issues and some issues about employee participation. The status of recruitments was also discussed. Director Collett has a conflict for the meeting scheduled for March 14, 4:00 p.m. President Beverage will attend in his place. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Minutes of meeting held February 17 will appear in the Board agenda for March 10, 2004. Meeting scheduled for March 3, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) Minutes of meeting held February 3. Director Summerfield reported that the committee reviewed the annual report. The President's letter will be rewritten. The committee went over the Fats, Oils & Grease (FOG) program. Assistant General Manager Vecchiarelli stated staff will participate with the Cities of Yorba Linda and Placentia at an informational meeting to be held tonight at the community center. The City of Yorba Linda consulting engineer and City of Placentia staff will attend, as will Lee Cory. Invitations went out to food service establishments in the area. This meeting is to get the word out about the program. The question remains which agency will oversee the program. Operations Manager Cory commented the FOG Program is an element of the Waste Discharge Program. The responsibility for the program is on the District. FOG applies in not only to food service but to all our customers. Vice President Armstrong attended the Yorba Linda Planning Commission meeting last night. On the minutes of the January 14 meeting a Mexican restaurant was approved. During audience participation, he asked Ms. Harry what portion of their conditions covers FOG requirements they have agreed to and their ordinance. She did not know but said she would get back to Mr. Armstrong. The District may have to levy a fee to cover costs. Meeting scheduled for March 7, 4:00 p.m. -6- 2005-25 Beverly Meza left the meeting at 10:23 a.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Minutes of meeting held February 11. Director Summerfield asked that the meetings be held at 4:00 p.m. The exterior flavor and restrooms were discussed at the meeting. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) Minutes of meeting held January 24. President Beverage reported the committee discussed the Orange County Cross Feeder, the Central Pool Augmentation Project, ozonization, the possibility of a rebate program for artificial grass. General Manager Payne gave a presentation on the Bryant Ranch Agreement. Meeting scheduled for March 28, 4:00 p.m. h. OCWD Ad Hoc Committee (Beverage/Mills) Meeting scheduled for March 21, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 16. a. Yorba Linda City Council, February 15 Director Summerfield attended. There was discussion about the Plumosa/Bastanchury road and more discussion on the 12" sewer pipe. By March, the city should have a cost impact. Assistant General Manager Vecchiarelli sent letters to Toll Brothers and Tetra Tech who provided construction management. The city's storm drain project is too close to the District's sewer main. b. Placentia City Council, February 15 General Manager Payne attended the public hearing imposing a monthly $5.76 sewer fee for all accounts for the first time. There was a lot of protest at the meeting about basing the fees on water usage. General Manager Payne will meet with the City of Placentia Monday, February 28 on this subject. c. MWDOC Board meeting, February 16, was cancelled. d. OCWD Board, February 16. General Manager Payne reported there was nothing of interest to the District to report. e. Yorba Linda Planning Commission, February 23 Director Armstrong stated he had already covered most of what was discussed at the meeting. The Kerrigan Ranch area sports courts and tennis courts and how they affect the neighbors was brought up at the meeting. -7- 2005-26 BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after February 24, 2005. Agenda is available in the District office prior to meeting. March ISDOC Board, March 1, 7:30 a.m. Staff Yorba Linda City Council, March 1, 6:30 .m. Collett MWDOC/MWD Joint Workshop, March 2, 8:30 a.m. Staff OCWD Board, March 2,5:00 p.m. Staff Planning-Engineering-Operations Committee, March 3, 4:00 .m. Armstron /Summerfield WACO, March 4, 7:30 a.m. Mills Public Information Committee, March 7, 4:00 .m. Summerfield/Beverage Finance-Accounting Committee, March 8, 4:00 p.m. Mills/Collett Yorba Linda Planning Commission, March 9, 6:30 p.m. Mills Personnel-Risk Management Committee, March 14, 4:00 .m. Collett/Mills Executive-Administration-Organizational Comm., March 15, 4:00 p.m. Beverage/Armstrong Yorba Linda City Council, March 15, 6:30 .m. Cancelled MWDOC Board, March 16, 8:30 a.m. Staff OCWD Board, March 16, 5:00 .m. Staff Board of Directors Workshop, March 17, 8:30 a.m., Richfield Plant OCWD Ad Hoc Committee, March 21, 4:00 p.m. Beverage/Mills Yorba Linda Planning Commission, March 23, 6:30 .m. Armstrong MWDOC Ad Hoc Committee, March 28,4:00 .m. Beverage/Armstrong ISDOC Membership, March 31, 11:30 a.m. Staff April WACO, April 1, 7:30 a.m. Mills Public Information Committee, April 4, 4:00 p.m. Summerfield/Beverage ISDOC Board, April 5, 7:30 a.m. Staff Yorba Linda City Council, April 5, 6:30 p.m. Summerfield MWDOC/MWD Joint Workshop, April 6, 8:30 a.m. Staff OCWD Board, April 6, 5:00 p.m. Staff Plan nin -En ineerin -Operations Committee, April 7, 4:00 .m. Armstron /Summerfield Personnel-Risk Management Committee, April 11, 4:00 .m. Collett/Mills Finance-Accounting Committee, April 12, 4:00 p.m. Mills/Collett Yorba Linda Planning Commission, April 13, 6:30 .m. Mills Executive-Administration-Organizational Comm., April 19, 4:00 p.m. Beverage/Armstrong Yorba Linda City Council, April 19, 6:30 .m. Collett MWDOC Board, April 20 16, 8:30 a.m. Staff OCWD Board, April 20, 5:00 p.m. Staff Yorba Linda Planning Commission, April 27, 6:30 .m. Armstrong CONFERENCES AND SEMINARS 17. 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. Water Education Foundation; Lower Colorado River Tour, April 6-8. b. CA-NV-AWWA 2005 Spring Conference, April 4-8 -8- 2005-27 Director Summerfield will let staff know if he plans to attend the Lower Colorado River Tour. Director Collett wishes to attend the new board member training offered by CSDA in Fresno, March 10. On a motion by Director Mills, seconded by Vice President Armstrong, the Board of Directors voted 5-0 to authorize attendance by Directors and staff at the meetings. On a motion by Director Mills, seconded by Vice President Armstrong the Board of Directors voted 5-0 to add an item c to the Closed Session calendar, Conference with Real Property Negotiator - Justification for Closed Session is Government Code Section 54956.8. Information was received after the agenda was posted and staff needed direction prior to the next regular Board meeting. A recess was declared at 10:46 a.m. The Board reconvened in Closed Session at 10:53 a.m. with all Directors present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. ADJOURN TO CLOSED SESSION 18. 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 anticipated litigation to which the District is a party. (Justification for Closed Session is Government Code Section 54956.9(b)) (1 case) b. Performance Evaluation: General Manager. (Justification for Closed Session is Government Code Section 54957). This item was continued to the Board meeting to be held March 10, 2005. c. Conference with Real Property Negotiator - Justification for Closed Session is Government Code Section 54956.8. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 11:35 a.m. CLOSED SESSION REPORT There was no Closed Session Report. ADJOURNMENT On a motion by Director Collett, seconded by Director Mills, the Board of Directors voted 5-0 to adjourn at 11:36 a.m. to a regular meeting of the Board scheduled for Thursday, ,March 10, 2005 at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive. Michael A. Payne Secretary/General Manager -9- 2005-28