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HomeMy WebLinkAbout2005-07-14 - Board of Directors Meeting Minutes2005-97 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 14, 2005, 8:30 A.M. The July 14, 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 William R. Mills John W. Summer field DIRECTORS ABSENT AT ROLL CALL Ric Collett STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, General Counsel William Moorhead, Senior Project Engineer Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Gerry Huizar, Maintenance Worker I VISITORS PRESENT Brett Barbre, MWDOC Director Michelle Tuchman, MWDOC Public Affairs Director Tyler Killingsworth, Heritage Oak School and family Jim Boyd, Toll Brothers Moss Carter, Toll Brothers Chris Clark, Toll Brothers Tim Hoban, Toll Bros. George Basye, Aera David Sargent, Shea Homes James A. Stringer, Pardee Homes Mark D. Johnson, Manatt, Phelps, Phillips John Utz, YLWD Customer SPECIAL RECOGNITION Tyler Killingsworth, Heritage Oak School, was recognized as a winner of this year's Municipal Water District of Orange County's Poster Contest. MWDOC Director Barbre and MWDOC Public Affairs Director Tuchman presented Tyler with a trophy and small gifts. President Beverage presented Tyler with a gift bucket from the Yorba Linda Water District. Operations Manager Cory introduced Gerry Huizar, Maintenance Worker I, who was recognized for five years service to the Yorba Linda Water District. There was a request by President Beverage to remove item 3 from the Consent Calendar due to an economic conflict of interest. The item was deferred for discussion until the end of the meeting. -1- 2005-98 John Utz, YLWD Customer spoke to the Board of Directors about a Water District easement on his property. Mr. Utz wants to build a barbeque and patio-cover within the easement and he asked the Board what the process is to get approval. The Board asked Mr. Payne to contact the homeowner after the Board meeting to discuss Mr. Utz' request. CONSENT CALENDAR On a motion by Director Mills, seconded by Vice President Armstrong, the Board of Directors voted 4-0 to approve Consent Calendar Items 1 and 2. Minutes of the Regular Board of Directors meeting held June 23, 2005. Recommendation: Approve minutes. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,040,760.52. Chandler Regan, Heritage Oak School, entered the meeting at 8:45 a.m. MWDOC Director Barbre and MWDOC Public Affairs Director Tuchman presented Tyler with a trophy for winning this year's Municipal Water District of Orange County Poster Contest. President Beverage presented Tyler with a gift bucket from the Yorba Linda Water District. At the request of President Beverage the Board of Directors went into Closed Session at 8:50 a.m. All Directors were present. Also present were General Manager Payne and General Counsel Kidman. ADJOURN TO CLOSED SESSION 4. a. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6, Yorba Linda Water District Employees Association, employee organization, and Ken Vecchiarelli, YLWD designated representative. Mr. Payne filled in for Mr. Vecchiarelli. General Manager Payne left the closed session meeting prior to discussion of item 4 b. b. Conference with Legal Counsel regarding anticipated litigation. (Justification for Closed Session is Government Code Section 54956.9(b)) (one case) RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 10:02 a.m. General Manager Payne, George Basye - Aera, Jim Boyd, Moss Carter, Chris Clark, Tim Hoban, all from Toll Brothers, David Sargent - Shea Homes, James A. Stringer - Pardee Homes, Mark D. Johnson - Manatt, Phelps, Phillips, rejoined the meeting. CLOSED SESSION REPORT There was no closed session report. -2- 2005-99 ACTION CALENDAR 5. Bastanchury Reservoir and Booster Station Feasibility Study. General manager Payne summarized the recent events leading up to the conclusion of the Bastanchury Reservoir and Booster Station Feasibility Study. Mr. Payne reported the study was completed by Parsons Engineering which indicated a 12 million gallon buried reservoir could be safely constructed on the existing Bastanchury reservoir and booster station site. Mr. Payne further reported on staff's desire to proceed with a design/build type of arrangement and requested approval to negotiate with Schuler and Parsons to design and build an 8 million gallon reservoir at this time. The reservoir would be designed and constructed to add an additional 4 million gallons at a later date. This also included a 5,000 g.p.m. booster station. Director Mills questioned the requirement of bidding at 50% of the design. Mr. Payne responded the engineers recommended that requirement but staff would investigate as to their reasoning. The issue of negotiating a buyout with Toll Bros. and Vista Del Verde on their requirements to build a 2,000 g.p.m. booster station and a 2 million gallon above ground reservoir was also discussed. Staff will work with the developers to negotiate a buyout of the booster station requirement only at this time, however, because the steel tank may need to be installed by the developer pursuant to the terms of the various agreements that decision will be considered at a later date. On a motion by Director Mills, seconded by Vice President Armstrong, the Board of Directors voted 4-0 to receive and file the Bastanchury Reservoir and Booster Pump Station Project Feasibility and Basis of Design Report prepared by Parsons; authorize staff to negotiate an addendum to the existing Consultant Agreement with Parsons for continued engineering design, construction management, inspection and material testing services; and negotiate a construction contract with Schuler Engineering for the 5,000 gallon per minute booster station and eight million gallon buried concrete reservoir, Job No. 200505. A recess was declared at 10:23 a.m. The Board of Directors reconvened at 10:28 a.m. with Directors Beverage, Armstrong, Mills and Summerfield present. 6. Consider additional lot releases within the Village III of the Vista Del Verde Project. (Continued from the Board Meeting held June 23, 2005) General manager Payne briefly summarized the phasing agreements and FFDCA's with Vista Del Verde. Mr. Payne reported on the projects Vista Del Verde still needs to complete from Village I and Village III. Because the Bastanchury Reservoir and Booster Station Feasibility Study is now complete and the District will be underway with projects, staff recommended that 50 building lots be released in Village III. Vice President Armstrong questioned staff why 50 lots were being considered. Mr. Payne stated it was a reasonable number that would allow the builders to continue, yet at the same time allow the District to insure that the required improvements would be completed. There are two projects (A 2,000 g.p.m. well and Elk Mountain reservoir improvements) that the developers are way behind in constructing that should have been completed in Village I. -3- 2005-100 Jim Boyd, Toll Bros. summarized the history of the agreements and the District staff requesting the 2 million gallon tank and 2,000 g.p.m. booster station be placed on hold while the Bastanchury Site Optimization plan was being considered. Mr. Boyd stated the developers are requesting 100 lots in Village III be released now. George Basye commented that the staff and developers had worked very hard to complete the projects. Mr. Kidman suggested the parties meet to discuss the issues. Mark D. Johnson, with the law firm of Manatt, Phelps, Phillips commented the District had an absolute duty to serve the developer and demanded all remaining lots be released for building permits or they would see the District in court. Mr. Johnson stated that a letter summarizing their position was being hand delivered to the District and he laid the letter on the Board table. President Beverage asked Art Kidman if the Board should stop all discussions and discuss this issue in closed session since there was a threat of litigation by Mr. Johnson who was representing Vista Del Verde and Toll Bros. Mr. Kidman commented the statement by Mr. Johnson was extremely inappropriate as the District is trying to resolve issues and reiterated that parties meet to discuss the issues. Mr. Johnson removed the unopened letter from the Board table. Mr. Payne asked Mr. Johnson if he was officially withdrawing the unopened letter from the District's possession. Mr. Johnson said they would give the District an answer after their group had an opportunity to discuss the issue. Director Mills made a motion to release 50 lots, however, the motion died for lack of a second. President Beverage commented this item will not be looked at again until all lots can be released. General Counsel Kidman commented that at best TCCA's are bridge agreements and to allow the parties to go forward with permanent construction would violate prudent practices. George Basye, Jim Boyd, Moss Carter, Chris Clark, Tim Hoban, David Sargent, James A. Stringer, Mark D. Johnson left the meeting. Mr. Hoban returned and advised that the letter was officially being withdrawn. 7. Call for Nominations to the California Special Districts Association Board of Directors. Since the District's involvement in CSDA is rather minor, the Board decided not to nominate a Board member to the CSDA Board. The consensus was it is good to be a member of CSDA, and they provide good training programs. -4- REPORTS, INFORMATION ITEMS AND COMMENTS 8. a. President's Report There was no report. b. Directors Reports There was no report. 2005-101 c. General Managers Report General Manager Payne reminded the Directors that Forms 460 and 470 are due to be filed by July 31. There was a letter in the Board packet from a homeowner. The District is following up with the resident and conducting a survey of water usage for her property. President Beverage asked that this come back to the Board. d. General Counsel's Report There was no report. COMMITTEE REPORTS 9. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) The meeting scheduled for June 21 was cancelled. Meeting scheduled for July 19, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) The meeting scheduled for July 12 will be rescheduled to July 26, 2005 at 8:30 a.m. Meeting scheduled for August 9, 4:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills) Minutes of the meeting held July 6. The meeting scheduled for July 11 was not held. Meeting scheduled for August 8, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Minutes of meeting held July 7. Meeting scheduled for August 4, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) Meeting scheduled for July 26, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) A meeting may be scheduled for July 27 or 29 at 4:00 p.m. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) Meeting scheduled for July 25, 4:00 p.m. h. OCWD Ad Hoc Committee (Beverage/Mills) Reschedule the meeting of July 18. -5- 2005-102 INTERGOVERNMENTAL MEETINGS 10. a. Yorba Linda Planning Commission, June 29 Director Armstrong reported on a tract S&S is attempting to finish, which involves an extension of Bastanchury between Fairmont and Village Center. There is a 50' MWD easement, with an overlay of a 20' YLWD easement. S&S represented to the city that MWD is insisting on a road, regrading and restricted easement. Director Armstrong spoke to Brett Barbre, Kevin Hunt and Carl Seckel, who had no knowledge of the need for a road. Michael Payne will call Pat Haley of the City of Yorba Linda to arrange a meeting to discuss the issue. General Counsel Kidman said it sounds as if S&S is asserting a fee simple ownership. b. ISDOC Membership, June 30 No one attended. c. WACO, July 8 No one attended. d. Yorba Linda Planning Commission, July 13 Director Mills attended. There was nothing of significance to the District. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after July 14, 2005. Agenda is available in the District office prior to meeting. Jul OCWD Ad Hoc Committee, Jul 18, 4:00 .m. Beverage/Mills Executive-Admin-Or anizational Committee, Jul 19, 4:00 .m. Beverage/Armstrong Yorba Linda City Council, Jul 19, 6:30 .m. Summerfield MWDOC Board, Jul 20, 8:30 a.m. Staff OCWD Board, Jul 20, 5:00 .m. Staff MWDOC Ad Hoc Committee, Jul 25, 4:00 .m. Bevera a/Summerfield Public Information Committee, Jul 26, 4:00 p.m. Summerfield/Bevera e Yorba Linda Planning Commission, Jul 27, 6:30 .m. Armstron Annnct Public Information Committee, August 1, 4:00 .m. Summerfield/Bevera e Yorba Linda City Council, August 2, 6:30 p.m. Collett MWDOC/MWD Joint Workshop, August 3, 8:30 a.m. Staff OCWD Board, August 3, 5:00 .m. Staff Plan nin -En ineerin -O erations Committee, August 4, 4:00 p.m. Armstron /Summerfield WACO, August 5, 7:30 a.m. Mills Personnel-Risk Management Committee, August 8, 4:00 .m. Collett/Mills Finance-Accounting Committee, August 9, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, August 10, 6:30 p.m. Mills Executive-Admin-Or anizational Committee, August 16, 4:00 p.m. Beverage/Armstrong Yorba Linda City Council, August 16, 6:30 .m. Summerfield MWDOC Board, August 17, 8:30 a.m. Staff OCWD Board, August 17, 5:00 .m. Staff Yorba Linda Planning Commission, August 24, 6:30 p.m. Armstrong indicates this person is substituting for the committee member. -6- 2005-103 CONFERENCES AND SEMINARS 11. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. ACWA Regions 8, 9 & 10 Membership Meeting, Thursday, September 15, 2005, 9:00 a.m. to 3:00 p.m. "DESAL - Fact or Fantasy?", Laguna Cliffs Marriott Resort and Spa, Dana Point, CA. No one will attend. President Beverage left the meeting at 10:57 a.m. due to an economic conflict of interest with item 3. 3. Quarter Horse Reservoir Expansion. Job No. 200316. On a motion by Director Mills, seconded by Director Armstrong, the Board of Directors voted 3-0, with President Beverage excused from the meeting, to approve Progress Payment No. 18 to Schuler Engineering Corporation in the net amount of $147,176.04 for construction of Quarter Horse Reservoir Expansion. President Beverage rejoined the meeting. The Board of Directors went into Closed Session at 10:59 a.m. All Directors were present. Also present was General Counsel Kidman. ADJOURN TO CLOSED SESSION 4. b. Conference with Legal Counsel regarding anticipated litigation. (Justification for Closed Session is Government Code Section 54956.9(b)) (one case) RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 11:05 a.m. CLOSED SESSION REPORT There was no closed session report. ADJOURNMENT The Board of Directors voted to adjourn at 11:05 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, July 28, 2005 at 8:30 a.m. at 4622 Plumosa Drive, Yorba Linda, CA 92886. j _ Cam. Michael A. Payne Secretary/General Manager -7- 2005-104