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HomeMy WebLinkAbout2005-08-25 - Board of Directors Meeting Minutes2005-123 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 25, 2005, 8:30 A.M. The August 25, 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, General Counsel Kenneth Vecchiarelli, Asst. G.M. Lee Cory, Operations Manager Amelia Cloonan, Admin Secretary VISITORS PRESENT Jim Boyd, Vista del Verde Tim Hoban, Toil Brothers/Vista del Verde Lori Epperson, Court Reporter David Sargent, Shea Homes Jim Boyd, Vice President, Toll Brothers, representing Vista del Verde, started by saying they believe they have attempted to work with the District with utmost diligence and integrity in completing all their obligations. Based on their performance and the terms of their agreements, they are entitled to the balance of the permits requested. Last week they requested to be heard before the Board and for an interim resolution with a payment by them of $4.4 million. YLWD staff rejected the offer and stated no permit would be issued until all issues were resolved. Yesterday they sent a package to each Board member with a cover letter explaining factors regarding the current dispute. On the reservoir and booster pump, they started design and construction several years ago. The District had a change in plans. (Steven Davis, District Engineer) They relied on the District and commenced Village III. The pumping capacity was accepted by the District but is now disputed. In conclusion, they request a hearing be scheduled to discuss the right to permits. Mr. Boyd said he brought with him three checks totaling $4.6 million to settle the matter right away. At a minimum, they request the opportunity to be heard by the Board in open session and to consider their proposal for posting a security while issues are sorted out. President Beverage stated the Board would be going in to closed session to discuss the letter received by the members of the Board. -1- 2005-124 Tim Hoban, Toll Brothers, asked for clarification about what staff would get back to them on. President Beverage stated they would get back on whether or not the matter would be on the agenda. Jim Boyd, Tim Hoban and David Shea left the meeting at 8:41 a.m. SPECIAL RECOGNITION AND PRESENTATIONS Linda Patti, Customer Service Representative III, was unable to attend. Director Summerfield questioned a payment made under item 2 of the Consent Calendar. Assistant General Manager Vecchiarelli explained that payment. CONSENT CALENDAR (Items 1 through 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 3, with Director Collett abstaining on approval of check no. 42903, Consent Calendar item 2. Minutes of the Regular Board of Directors meeting held August 11, 2005. Recommendation: Approve minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,236,684.65. 3. Central Yorba Linda Pipeline Project, Job No. 9804. Recommendation: Approve Progress Payment No. 4 in the net amount of $334,528.65 and Change Order No. 3 in the amount of $22,923.51 to Vido Artukovich and Sons, Inc./Vidmar Inc., a Joint Venture. The Board of Directors adjourned to Closed Session at 8:42 a.m. All Directors were present. Also present were: General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. ADJOURN TO CLOSED SESSION 4. a. Conference with Legal Counsel regarding anticipated litigation. (Justification for Closed Session is Government Code Section 54956.9(b)) (two cases) b. 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. c. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6, Yorba Linda Water District Employees Association, employee organization, and Dave Larsen, Rutan & Tucker, Ken Vecchiarelli, YLWD designated representative. -2- 2005-125 RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 10:26 a.m. Business Manager Meza, Administrative Secretary Cloonan, Assistant Administrator Robinson, Brett Barbre, MWDOC Director, Lori Epperson, Court Reporter, Christopher Townsend and Sean Fitzgerald of Townsend Public Affairs, Mark Smith of Hover Development, and Tim Hoban, Counsel for Toil Brothers/Vista del Verde joined the meeting. CLOSED SESSION REPORT It was reported that in Closed Session the Board determined they would request staff to report back at the next regularly scheduled Board meeting on the status and timing schedule of Well No. 18. Tim Hoban left the meeting at 10:27 a.m. Lori Epperson left the meeting at 10:31 a.m. Brett Barbre, MWDOC Director, reported on issues at Metropolitan Water District. He reported MWDOC successfully moved ahead on the tunnel. Funding was received to do feasibility studies. ACTION CALENDAR President Beverage announced Item 6 would be heard before Item 5. 6. Consider a Professional Services Agreement with Townsend Public Affairs for Grant Services. The report was presented by General Manager Payne. Chris Townsend and Sean Fitzgerald were present at the meeting. The professional services agreement was sent to the Board members yesterday. Certain areas have been identified where the District could seek grants. The funding of sewer improvements is one area. The proposal is for a one-year period. Director Mills wants there to be an annual renewal provision and quarterly reporting provision. General Manager Payne stated reporting is provided for. The proposal would be reviewed after one year. Director Summerfield asked how long the process takes for receiving a grant. Chris Townsend responded the budget earmarks are usually finalized in September each calendar year. With Prop 50 funds, earlier notification is possible. On a motion by Director Mills, seconded by Director Summerfield, the Board of directors voted 5-0 to authorize the President and Secretary to execute a Consultants Agreement with Townsend Public Affairs at a fee of $5,000 per month plus expenses, subject to review as to form by General Counsel. Brett Barbre, Chris Townsend and Sean Fitzgerald left the meeting at 10:37 a.m. -3- 2005-126 5. Consider Development Agreement and Property Sale And Exchange Agreement, Between Yorba Linda Water District, Lennar Homes Of California, Inc. and Bastanchury Holding, L. P. General Manager Payne presented the report. The District worked with their staff and attorneys to put together a deal for the development and property exchange. At the last minute, Lennar's attorney raised some issues that need to be reviewed. If any provisions change, the agreement would be brought back to the Board. General Counsel Kidman did not attend the meeting this week, however, there were comments from the attorney for Lennar who felt details of the agreement were not reflected in what was drafted. Not all the exhibits were complete. If it all comes together and the deal is still within the parameters of what the District is asking for the Board to approve, then the deal could be completed and everyone could move forward. General Manager Payne commented that part of the agreement is for the developer to grant the District two easements to go ahead on Lakeview. The District needs those easements, and it is hoped to have them signed by Friday night. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to: approve the agreements in substance and authorize the President and Secretary to execute the following documents subject to review as to form by General Counsel: 1) The Development Agreement Between Yorba Linda Water District, Lennar Homes Of California, Inc., and Bastanchury Holding Company, L.P. 2) The Property Sale And Exchange Agreement Between Yorba Linda Water District, Lennar Homes Of California, Inc. and Bastanchury Holding, L. P. 3) All other supporting documents identified in each agreement. Mark Smith left the meeting at 10:50 a.m. Lori Epperson, Court Reporter, reentered the meeting at 10:50 a.m. 7. Consider Locke Ranch Sewer Maintenance Charges. Assistant General Manager Vecchiarelli presented the report. The Orange County Tax Assessor has a deadline to place assessments on the tax rolls for 05-06. This resolution passes the same assessment on to Locke Ranch that was proposed the last two years. Staff will review rates and if the District chooses, it will have a public hearing to raise rates. The Board of Directors voted 5-0 on a Roll Call vote to adopt Resolution No. 05-05 Adopting the Locke Ranch Sewer Maintenance Charge and Electing to Have Such Sewer Maintenance Charge Collected on the Fiscal Year 2005-06 Tax Roll and Rescinding Resolution 04-04. -4- 2005-127 8. Consider the 2005 update of the Urban Water Management Plan. Assistant Administrator Robinson stated the report has become incrementally more complex and time consuming over the years. Other agencies without adequate staff dedicated to the issues have gone out to professionals to prepare the plan. The Executive-Administrative-Organizational Committee met on August 16 and discussed the plan. General Counsel Kidman explained the importance of the plan and how it is used when the District is working on other projects. On a motion by Vice President Armstrong, seconded by Director Mills, the Board of Directors voted 5-0 to authorize the President and Secretary to execute a professional services agreement with Risk Management Professionals/Carollo Engineers for the 2005 updated to the Urban Water Management Plan. 9. Consider supporting the nomination of Glen Peterson to serve as Vice President of the Association of California Water Agencies. Assistant Administrator Robinson presented the report. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 4-0-1 on a Roll Call vote, with Directors Collett, Mills and Summerfield and President Beverage voting Yes and Vice President Armstrong abstaining, to support the nomination of Glen Peterson to serve as Vice President of the Association of California Water Agencies. 10. Consider candidates for the ACWA Region 10 Election for 2006-07 term. Assistant Administrator Robinson presented the report. On a motion by Director Armstrong, seconded by Director Summerfield, the Board of Directors voted 5-0 to authorize voting delegate Director William Mills to vote for Saundra Jacobs, Chair, Jan DeBay, Board Representative, and Merle Aleshire, Vice Chair for ACWA Region 10 2006-07 Board. REPORTS, INFORMATION ITEMS AND COMMENTS 11. a. President's Report President Beverage received a copy of the National Water Research Briefings. He asked the District to purchase a copy of the Value of Water video. It could be a useful tool. b. Directors Reports Director Summerfield will be need to leave the Board meeting of September 22 early. c. General Managers Report General Manager Payne reported Barry Brokaw of Sacramento Advocates will attend the September 22 Board meeting to give a legislative update. General Manager Payne will be out of the office next week on Wednesday, Thursday and Friday. -5- 2005-128 d. General Counsel's Report General Counsel Kidman sent an e-mail to General Manager Payne asking to be nominated to ACWA'a Legislative Committee and their Legal Affairs Committee. COMMITTEE REPORTS 12. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) Minutes of the meeting held August 16 appeared in the agenda. President Beverage reported the committee talked about the Urban Water Management Plan and candidates for the ACWA Board. Barry Brokaw of Sacramento Advocates will be coming to a board meeting in September. The agreement with Townsend Public Affairs was considered, and the committee looked at the General Manager's monthly expenses. Meeting scheduled for September 20, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) Meeting scheduled for September 13, 4:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills). Meeting scheduled for September 12, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Meeting scheduled for September 1, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) Meeting scheduled for August 29, 4:00 p.m. Building Ad Hoc Committee (Beverage/Summerfield) Minutes of meeting held August 5 were discussed at the Board meeting held August 11 and will appear in the agenda for the Board meeting to be held September 8. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) Schedule meeting for September 2005. h. OCWD Ad Hoc Committee (Beverage/Mills) Future meeting of this committee have been cancelled at the request of the President of the Board of the Orange County Water District. A request by the District to put this in writing was denied. -6- 2005-129 INTERGOVERNMENTAL MEETINGS 13. a. Yorba Linda City Council, August 16 Director Summerfield attended. The Sports Park will be renamed Veteran's Memorial and a memorial will be put in place. b. MWDOC Board, August 17 (Staff) General Manager Payne stated there was nothing to report. c. OCWD Board, August 17 (Staff) No one attended. d. Yorba Linda Planning Commission, August 24 (Armstrong) Director Armstrong attended. A presentation by the Orange County Water District was postponed. In the area of Lakeview and Buena Vista, there are quite a few private horse corrals and trails. As there have been some drainage and collection problems, a Mr. Peterson will be required to have a hydrology study performed in connection with the enlargement of his corral operation. Director Armstrong asks the District to define where its easements are in this area. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after August 25, 2005. Agenda is available in the District office prior to meeting. Au ust Public Information Committee, Au ust 29, 4:00 p.m. Summerfield/Bevera e Cnntnmhnr Planning-Engineering-Operations Committee, September 1, 4:00 p.m. Armstron /Summerfield WACO, September 2, 7:30 a.m. Mills Yorba Linda City Council, September 6, 6:30 p.m. Collett MWDOC/MWD Joint Workshop, September 7, 8:30 a.m. Staff OCWD Board, September 7, 5:00 .m. Staff Personnel-Risk Management Committee, September 12, 4:00 .m. Collett/Mills Finance-Accounting Committee, September 13, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, September 14, 6:30 .m. Mills Executive-Admin-Or anizational Committee, Sept. 20, 4:00 .m. Beverage/Armstrong Yorba Linda City Council, September 20, 6:30 p.m. Summerfield MWDOC Board, September 21, 8:30 a.m. Staff OCWD Board, September 21, 5:00 .m. Staff MWDOC Ad Hoc Committee, September 26, 4:00 p.m. Beverage/Armstrong Yorba Linda Planning Commission, September 28, 6:30 p.m. Armstrong -7- 2005-130 nr fe%hcr Yorba Linda City Council, October 4, 6:30 p.m. Collett Planning-Engineering-Operations Committee, October 6, 4:00 p.m. Armstrong/Summerfield (Beverage)* MWDOC/MWD Joint Workshop, October 5, 8:30 a.m. Staff OCWD Board, October 5, 5:00 .m. Staff WACO, October 7, 7:30 a.m. Mills Personnel-Risk Management Committee, October 10, 4:00 .m. Collett/Mills Finance-Accounting Committee, October 11, 4:00 p.m. Mills/Collett Yorba Linda Planning Commission, October 12, 6:30 .m. Mills Executive-Admin-Organizational Committee, October 18, 4:00 p.m. Reschedule meeting Beverage/Armstrong Yorba Linda City Council, October 18, 6:30 p.m. Summerfield MWDOC Board, October 19, 8:30 a.m. Staff OCWD Board, October 19, 5:00 p.m. Staff Yorba Linda Planning Commission, October 26, 6:30 p.m. Armstron Public Information Committee, October 31, 4:00 p.m. i Summerfield/Beverage ( indicates this person is substituting Tor the committee member. 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. ISDOC Quarterly Meeting 11:30 a.m. - 1:00 p.m. Friday, October 28, 2005, Orange County Sanitation District. William Mills and Michael Payne will attend. ADJOURNMENT On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted to adjourn at 11:35 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, September 8, 2005 at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda, CA 92886. t Kenneth R. Vecchiarelli Assistant Secretary -8-