HomeMy WebLinkAbout2005-10-13 - Board of Directors Meeting Minutes2005-147
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
October 13, 2005, 8:30 A.M.
The October 13, 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 STAFF PRESENT
Michael J. Beverage, President Kenneth R. Vecchiarelli, Asst. G.M.
Paul R. Armstrong, Vice President Arthur G. Kidman, General Counsel
Ric Collett Beverly Meza, Business Manager
William R. Mills Lee Cory, Operations Manager
Michael Robinson, Asst Administrator
DIRECTORS ABSENT AT ROLL CALL Amelia Cloonan, Admin Secretary
John W. Summerfield
VISITORS PRESENT
Timothy Hoban, Regional Counsel, Toll Brothers
Walt Tamulinas, ERA North Orange County Real Estate
Kelly Givens, J.F. Shea Co., Inc.
Debbie Trabattoni, The OC Advocacy Group
Melissa Reed, Dokich Court Reporters, Inc.
SPECIAL RECOGNITION AND PRESENTATIONS
Beverly Meza, Business Manager, introduced Rick DeAnda, Meter Reader II, and
recognized him for five years service to the Yorba Linda Water District.
Beverly Meza also introduced Maria Trujillo, Accounting Assistant I, and recognized her
for one year of service to the Yorba Linda Water District.
Rick DeAnda and Maria Trujillo left the meeting at 8:35 a.m.
CONSENT CALENDAR (Items 1 through 6)
On a motion by Vice President Armstrong, seconded by Director Collett, the Board of
Directors voted 4-0 to approve the Consent Calendar.
1. Minutes of the Regular Board of Directors meeting held September 22, 2005.
Recommendation: Approve minutes as presented.
2. Payment of bills, refunds, and wire transfers.
Recommendation: Ratify and authorize disbursements in the amount of
$2,588,668.93.
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3. Declaration of Restrictive Covenants - 19882 Red Roan Lane
Recommendation: Authorize the President and Secretary to execute the
Declaration of Restrictive Covenants Agreement with Mr. & Mrs. Joseph
Pham, subject to approval as to form by General Counsel.
4. Declaration of Restrictive Covenants - 17838 Anna Marie Road
Recommendation: Authorize the President and Secretary to execute the
Declaration of Restrictive Covenants Agreement with Mr. & Mrs. Herman
Espejo, subject to approval as to form by General Counsel.
5. Central Yorba Linda Pipeline Project
Recommendation: Approve Progress Payment No. 5 in the net amount of
$860,892.56 to Vido Artukovich and Sons, Inc./Vidmar, Inc., a Joint Venture,
for construction of the Central Yorba Linda Pipeline Project. - Job No. 9804
6. Consider claim filed by William & Barbara Taylor - 18991 Oriente Drive
Recommendation: That the Board of Directors reject and refer the claim to
ACWA/JPIA.
President Beverage opened the floor for public comment
Timothy Hoban, Toll Brothers, wanted to speak about Well 18 and Village IV offsite
sewer improvements, but he wanted to address some other matters as well. He met
once with General Manager Payne and General Counsel Kidman. The meeting was not
very productive. This morning he wants to raise the point that for Vista Del Verde they
are still open to the possibility of some sort of interim solution that will protect the district
from all the issues about which the District is concerned and make sure there are no
more delays in the project. He asks this be on the table in closed session today.
Mr. Hoban wants to propose to the District, and he spoke to General Counsel Kidman
last evening, that now would be a good time to bring in a neutral third party to work with
the parties. He suggested former District Director Bret Barbre might be good in that role
and also thought an ad hoc committee from the Board members could be involved. He
is anxious to hear what the information on the Well reports.
President Beverage stated that the two information item reports are to the Board, so
they are not open to discussion. Anything on the reports could be discussed with staff.
Kelly Given, J.F. Shea Co., Inc., stated they are one of the major builders at Vista Del
Verde. They are working on the San Lorenzo community, have permits, and have
constructed the fifth phase of eleven phases. They were scheduled to commence
construction of the sixth phase on October 1, but they are halted at this point. As of
October 1, they are incurring damages: construction loans, sales staff, trade partners
and increased cost of supplies and materials. This delay is causing them significant
financial hardship. They ask the Board to consider allowing them to continue with
construction while a resolution is being worked out.
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Walt Tamulinas, ERA North Orange County Real Estate, voiced his concern about
delays in the Toll Del Mar project. His family is purchasing a home there. They are
incurring some damages because of the delay. He spoke to General Manager Payne.
Next he will call Lynn Daucher and the Governor's office. He came to the Board
meeting today to implore the Board to move negotiations along swiftly. He stated real
estate customers have lost interest because of the delays. This is a very litigious
business. If the City of Yorba Linda and the District are in involved in litigation, then the
customers will end up paying the costs.
General Counsel Kidman entered the meeting at 8:44 a.m.
The Board of Directors adjourned to Closed Session at 8:45 a.m. All Directors were
present. Also present were Assistant General Manager Vecchiarelli, General Counsel
Kidman and Debbie Trabattoni.
ADJOURN TO CLOSED SESSION
7. 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.
Debbie Trabattoni left the meeting at 9:03 a.m.
b. Conference with Legal Counsel regarding litigation to which the District is a
party. (Justification for Closed Session is Government Code Section
54956.9(a)) Vista Del Verde II, L.P. and SWEPI LP vs. Yorba Linda Water
District.
c. Conference with Legal Counsel regarding anticipated litigation. (Justification for
Closed Session is Government Code Section 54956.9(b)) (one case)
The Board of Directors came out of Closed Session at 10:42 a.m.
RECONVENE IN OPEN SESSION
The Board of Directors reconvened in open session at 10:49 a.m. Tim Hoban, Kelly
Given, Melissa Reed and Amelia Cloonan rejoined the meeting.
CLOSED SESSION REPORT
President Beverage asked General Counsel Kidman and General Manager Payne to
take into consideration Tim Hoban's comments. General Counsel Kidman stated the
District is favorably inclined to have a mediator of some kind to see if the parties can
find a 100% settlement of all issues that exist at this time. There is no inclination to talk
about having any issues hold over for future resolution.
Tim Hoban stated he would be available to follow up this afternoon. General Counsel
Kidman was not available, and General Manager Payne is out of town through Sunday
evening.
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ACTION CALENDAR
President Beverage turned the meeting over to Vice President Armstrong and excused
himself from the meeting during discussion of item 8 because of a financial conflict of
interest involving Shapell Industries.
8. Consider approval of an Agreement for Purchase and Sale of Real Property and
Joint Escrow Instructions with Upper K-Shapell on a parcel of District land (0.327
acres) located at the Fairmont Reservoir. Assistant General Manager Vecchiarelli
presented the item. Vice President Armstrong noted the Executive Administrative-
Organizational Committee discussed this item. Assistant General Manager
Vecchiarelli confirmed the appraised value of the property is $114,000.
On a motion by Director Collett, seconded by Director Mills, the Board of Directors
voted 3-0-1, with President Beverage abstaining, to authorize the Vice President
and Secretary to execute an Agreement for Purchase and Sale of Real Property
and Joint Escrow Instructions by and between Yorba Linda Water District, a county
water district and Upper K-Shapell Joint Venture, a California joint venture, subject
to review as to form by General Counsel.
President Beverage reentered the meeting.
Assistant General Manager Vecchiarelli pulled Item 9 stating the item would be brought
back to the Board at a later date.
9. Consider an Amendment to the Professional Services Agreement with Carollo
Engineers for Santiago Booster Station Upgrades.
Recommendation: That the Board of Directors authorize the President and
Secretary to execute an Amendment to the Professional Services Agreement
with Carollo Engineers, subject to review as to form by General Counsel, for
the Santiago Booster Station Upgrades - Job No. 200028.
10. Consider changing Board and Committee Meeting dates in November.
On a motion by Director Mills, seconded by Director Collett, the Board of Directors
voted 4-0 to approve adjourning the Thursday, November 10 Board of Directors
meeting to Tuesday, November 22, 2005 at 8:30 a.m. and that the MWDOC Ad
Hoc meeting be rescheduled to Monday, December 5 at 4:00 p.m.
DISCUSSION ITEM
11. Status report on Well No. 18 analysis and testing of pumping capacity influence on
Richfield wells.
Assistant General Manager Vecchiarelli presented the report and apologized to the
Board of Directors for not having a written report to present to them. Staff is still
negotiating on additional work to be performed. The draft report CDM was
prepared to submit was not accepted and has not yet been revised by CDM. An
additional proposal for work has been submitted.
President Beverage stated he is disappointed there is no written report.
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On a motion by Director Mills, seconded by Vice President Armstrong, Assistant
General Manager Vecchiarelli was directed to work with CDM on specific tests to
be completed by November 10 and to instruct staff to finalize the report and enter
into an addendum with CDM to prepared and deliver a final report by November
10.
Tim Hoban asked if there were any CDM draft reports ready to review. Ken
Vecchiarelli responded there were not. President Beverage asked Mr. Hoban to
please call General Manager Payne or Assistant General Manager Vecchiarelli this
afternoon (October 13) for any further details the Board does not have.
President Beverage asked Assistant General Manager Vecchiarelli to give a verbal
staff report at the next Board meeting as to where the District is now and how the
District is going to complete what needs to be done.
Assistant General Manager Vecchiarelli stated the addendum to the consultant's
agreement will be brought to the Board as an agenda item. It will ratify the intent.
Timeframes will go in sync by November 10.
12. Report on Vista Del Verde Development Village IV offsite sewer improvements.
Assistant General Manager Vecchiarelli has gathered information. There is no
written report. The question posed by Mr. Hoban is why the District has failed to
act on sewer plan check that will serve Village IV. Mr. Vecchiarelli's understanding
is that the sewer line in question is in the extension of Lakeview Avenue in what
will be the new entrance to the golf course, and also down Lakeview to
Bastanchury Road.
Tim Hoban commented the plans submitted in March 2005 are the ones to which
he is referring. Mr. Vecchiarelli believes they are talking about the same location.
There is no FFDCA for these facilities. Tim Hoban is surprised the District has not
required that type of agreement in the past. Mr. Vecchiarelli reiterated the history
using a map of "Vista Del Verde Backbone Sewer Facilities". He identified the
existing backbone sewer infrastructure constructed for the Vista Del Verde
development, and he pointed out the trunk, subtrunks, laterals, and their
corresponding agreements (FFDCA's) and gave the dates these agreements were
executed. The District received a revised area master plan in June 2005 for the
specific sewer system proposed for Village IV, which showed a substrunk sewer
line running through offsite parcels to Bastanchury Road. In order to put sewer
lines through these properties, the District needed rights of way. The District
requested dedicated easements to construct these sewer lines from Vista Del
Verde. There is a parcel the District has not yet received an easement for in the
second option area. Mr. Vecchiarelli proposes the District and developer come
together on this issue.
Tim Hoban and Kelly Given left the meeting at 11:27 a.m.
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REPORTS, INFORMATION ITEMS AND COMMENTS
13. a. President's Report
President Beverage received a letter from Bill Campbell's office and put it on
the table for information purposes.
b. Directors Reports
There were no reports.
c. General Managers Report
There was no report.
d. General Counsel's Report
General Counsel Kidman gave an alert to the Board. One of California's Court
of Appeal has found Cal Fed EIR to be inadequate. The draft was put out a
long time ago. MWDOC's issues were resolved in southern counties, but in
northern counties some agricultural interest and other interests continued to
fight. One of the principal inadequacies was failure to indemnify reduction of
exports to the south as a project alternative and the failure to analyze that
alternative. Population growth in the south counties is a big water issue in
Southern California. General Counsel Kidman will try to get more information
so the board will be aware of the implications.
COMMITTEE REPORTS
14. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong)
The minutes of the meeting held October 5 were included in the agenda. The
items discussed included: design/build vs design/competitive bid process on
Highland Reservoir Replacement project, professional services agreement with
Tetra Tech for Water Engineering Consulting Services, change Board and
Committee meeting dates in November and December, legislative activities
update, Global Signal property purchase request, approval for sale of real
property and joint escrow instructions with Upper K-Shapell.
Meeting scheduled for November 15, 4:30 p.m.
President Beverage scheduled a meeting for October 26 at 4:00 p.m.
b. Finance-Accounting Committee (Mills/Collett)
Minutes of the meeting held October 11 will appear in the Board agenda on
October 27.
Director Mills said the committee recommended approval of a professional
services agreement to conduct a cut-off audit for Beverly Meza. They looked
over the District investment policy. There were a number of recommendations
made by the new investment counselor. A handout was presented to the
Directors with their mail. Wells Fargo is not yet managing the District's money.
Staff is asked to be sure this happens as soon as possible.
Meeting scheduled for November 8, 4:00 p.m.
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c. Personnel-Risk Management Committee (Collett/Mills)
The meeting of October 10 was rescheduled to October 18 at 8:30 a.m.
Meeting scheduled for November 14, 4:00 p.m.
d. Planning-Engineering-Operations Committee (Armstrong/Beverage)
Meeting held October 6. President Beverage attended in place of Director
Summerfield. Vice President Armstrong stated the committee talked about
sewer treatment in the downtown redevelopment area, telephone and
microwave system update, the sewer system management update, the water
system master plan and hydraulic model update, groundwater production
capacity study and the pipeline break on Ohio Street.
Meeting scheduled for November 3, 4:00 p.m.
e. Public Information Committee (Summerfield/Beverage)
Meeting scheduled for November 7, 4:00 p.m.
f. Building Ad Hoc Committee (Beverage/Summerfield)
The meeting of September 21 was not held.
A Board workshop is to be scheduled.
g. MWDOC Ad Hoc Committee (Beverage/Armstrong)
Minutes of meeting held September 26 were included in the Agenda.
The Committee discussed the treated water peaking charge study by Met, Tier
11Tier 2 projections for 2005 and 2006 and mitigation strategies, the hazard
mitigation plan and 2006 emergency preparedness.
INTERGOVERNMENTAL MEETINGS
15. a. Yorba Linda Planning Commission, September 28.
Director Mills attended. An expansion of a residential care facility was denied.
b. Yorba Linda City Council, October 4.
Director Collett reported there was nothing of interest to the District.
c. WACO, October 7.
Director Mills attended. The Eastern Municipal Water District has introduced
legislation whereby discharge water would be owned. There were two
presentations, one about the Bluebird landslide in Laguna Beach and one by
Tom Levy about the Colorado River.
d. Yorba Linda Planning Commission, October 12.
Vice President Armstrong attended. One item regarded a homeowner who
wanted to grade his property but did not want to have the dirt removed. Staff
objected, because the property was adjacent to an easement and a sewer line
making it difficult to maintain. The item was continued.
The Yorba Linda Planning Commission meeting scheduled for November 23
has been cancelled.
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BOARD OF DIRECTORS ACTIVITY CALENDAR
Authorization to attend meetings scheduled after October 13, 2005. Agenda is available in the District office
prior to meeting.
October
Yorba Linda City Council, October 18, 6:30 .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 .m.
Collett
November
Yorba Linda City Council, November 1, 6:30 p.m.
Collett
MWDOC/MWD Joint Workshop, November 2, 8:30 a.m.
Staff
OCWD Board, November 2, 5:00 p.m.
Staff
Planning-Engineering-Operations Committee, November 3, 4:00 .m.
Armstron /Summerfield
WACO, November 4, 7:30 a.m.
Mills
Public Information Committee, November 7, 4:00 p.m.
Summerfield/Bevera e
Finance-Accounting Committee, November 8, 4:00 .m.
Mills/Collett
Yorba Linda Planning Commission, November 9, 6:30 p.m.
Mills
Personnel-Risk Management Committee, November 14, 4:00 .m.
Collett/Mills
Executive-Admin-Or anizational Committee, November 15, 4:00 .m.
Bevera a/Armstron
Yorba Linda City Council, November 15, 6:30 .m.
Summerfield
MWDOC Board, November 16, 8:30 a.m.
Staff
OCWD Board, November 16, 5:00 .m.
Staff
indicates this person is substituting for the committee member.
CONFERENCES AND SEMINARS
16. 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. State of the City Address & Citizen of the Year Award
City of Yorba Linda - Thursday October 20, 2005, 12:00 noon. Vice President
Armstrong, Director Mills, General Manager Payne and Assistant General
Manager Vecchiarelli will attend.
b. 25th Biennial Groundwater Conference and 14th Annual Groundwater
Resources Association Meeting and Conference - "Past Lessons and Future
Prospects" - October 25-26, 2005; Sacramento Convention Center,
Sacramento, CA
No one will attend.
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ADJOURNMENT
On a motion by Director Mills, seconded by Vice President Armstrong, the Board of
Directors voted to adjourn at 11:45 a.m. to a regular meeting of the Board of Directors
scheduled for Thursday, October 27, 2005 at 8:30 a.m., at 4622 Plumosa Drive, Yorba
Linda, CA 92886.
Kenneth R. Vecchiarelli
Assistant Secretary/Assistant General Manager
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