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HomeMy WebLinkAbout2005-10-27 - Board of Directors Meeting Minutes2005-157 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING October 27, 2005, 8:30 A.M. The October 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 Kenneth R. Vecchiarelli, Asst. G.M. Arthur G. Kidman, General Counsel Beverly Meza, Business Manager Lee Cory, Operations Manager Amelia Cloonan, Admin Secretary VISITORS PRESENT Timothy Hoban, Regional Counsel, Toll Brothers Anita Alderson, Dokich Court Reporters, Inc. Debra Marks, Yorba Linda Sunrise Rotary Nathan Chappell, Yorba Linda Boys & Girls Club Vince Campion, Yorba Linda Boys & Girls Club Hugh Wood, Yorba Linda Boys & Girls Club Jim Wohlt, V.P. East Lake Village Community Association Susan Janowicz, Operations Manager, East Lake Village Community Association Sherry DaLuca, East Lake Village Community Association John & Alice Scott, YLWD customers President Beverage invited Mr. Wohlt to speak. Mr. Wohlt commented on water pressure problems in the East Lake Village area. District personnel have checked the pressure. It is at 42 pounds, with the District considering 40 pounds acceptable. Mr. Wohlt asked for help and relief. President Beverage stated a water study update was done and the District determined where problems are located. Funds to correct problems are in the YLWD Two-Year Budget. The Board has been working for three years on this project. Mr. Wohlt responded it is good people will know something is being done. President Beverage asked Mr. Wohlt to contact General Manager Payne and Assistant General Manager Vecchiarelli. General Manager Payne mentioned the installation of pressure regulators, which might solve some problems. When a homeowner installs meters after the fact, there is a problem of the homeowner's responsibility to maintain the equipment. President Beverage stated some of the problems in the area are caused by grading. The original houses had booster pumps. President Beverage said he would be happy to attend a homeowners meeting and believed Vice President Armstrong might also be able to attend. -1- 2005-158 John Scott, resident in the East Village area, also spoke. His comments are made to reinforce those made by Mr. Wohlt. President Beverage stated staff will call to set up a time for a meeting. Jim Wohlt, Susan Janowitz, Sherry DaLuca, John Scott and Alice Scott left the meeting at 8:44 a.m. Debra Marks, representing the Yorba Linda Sunrise Rotary, stated she was attending to give a report on what Rotary is doing since they last attended a Board meeting. The Yorba Linda Sunrise Rotary has committed $150,000 as a goal for the purchase of the District's Plumosa building with the purpose of using the location for a Boys and Girls Club. She reiterated this would be a great addition to the community. Vice President Armstrong reminded President Beverage that the city just purchased the apartments to the south of the building. If the District's facility is designated surplus property, there is an order to follow in disposing of the site. He suggested the group contact Steve Rudometkin at the City of Yorba Linda. Nathan Chappell of the Boys and Girls Club stated they have made a lot of progress with the city. Debra Marks, Nathan Chappell, Vince Campion and Hugh Wood left the meeting at 8:47 a.m. Tim Hoban, Toll Brothers, wanted to follow up on some things from the last meeting. There was discussion about a mediator at that meeting. He has forwarded the names of mediators they consider would be acceptable, but they have not heard back. Mr. Payne and Jim Boyd have had some discussions. Regarding last week's meeting, and he believes rights of way were cleared up. They have not received any response or feedback from the District and want to push that along as well. CONSENT CALENDAR (Items 1 through 5) On a motion by Vice President Armstrong, seconded by Director Collett, the Board of Directors voted 4-0-1, with Director Summerfield abstaining, to approve the Consent Calendar. Director Collett abstained from approval of check number 43226 under Item 2. There were corrections to Item 1 noting the vote on Item 8 of the minutes was 3-0-1, and with respect to Item 14.d., President Beverage attended the meeting in place of Director Summerfield. 1. Minutes of the Regular Board of Directors meeting held October 13, 2005. Recommendation: Approve minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $852,518.47. -2- 2005-159 3. Terms and Conditions for Water Service with Shinnyo-En U.S.A.,18111 Bastanchury Road, Yorba Linda. Recommendation: Approve the Terms and Conditions for Water Service with Shinnyo-En U.S.A., Job No. 200519. 4. Central Yorba Linda Pipeline Project Recommendation: Approve Progress Payment No. 6 in the net amount of $262,176.25 to Vido Artukovich and Sons, Inc./Vidmar, Inc., a Joint Venture and approve Change Order No. 4 in the amount of $65,475.00 with a contract extension of seven calendar days for construction of the Central Yorba Linda Pipeline Project, Job No. 9804. 5. Consider damage claim filed by the law office of Michael A. Hearn on behalf of Linda and Stewart Glenn - 22580 Hidden Hills Road, Yorba Linda. Recommendation: That the damage claim be rejected and referred to ACWA/JPIA. The Board of Directors took a short recess at 8:52 a.m. The Board of Directors adjourned to Closed Session at 8:57 a.m. All Directors were present. Also present were, General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. ADJOURN TO CLOSED SESSION 6. 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. 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. The Board of Directors came out of Closed Session at 10:32 a.m. RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 10:41 a.m. Tim Hoban, Anita Alderson, Beverly Meza and Amelia Cloonan rejoined the meeting. Keith Khorey, Wells Capital, joined the meeting. CLOSED SESSION REPORT President Beverage addressed Mr. Hoban who Counsel Kidman for the direction of the Board of was directed to continue discussions with Jim Boyd was directed to contact General Directors. General Manager Payne -3- 2005-160 ACTION CALENDAR 7. Consider a Professional Services Agreement with Moreland and Associates for conducting a special cash and investment cut-off audit to correspond with the retirement of the Business Manager. Director Mills said the Finance Committee concurred with the recommendation. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve and authorize the President and Secretary to execute a Professional Services Agreement with Moreland and Associates, subject to review as to form by General Counsel, to conduct a special cut off audit as of December 31, 2005 in the amount of $5,000. 8. Consider revisions to the District's Public Funds Investment Policy. General Manager Payne stated The District has entered into an agreement with Wells Capital. One of the tasks given to Keith Khorey was to look at current investment policy. The changes and recommendations were presented to the Finance Committee last week. Keith Khorey came to the meeting today to present these to the Board. Director Mills said the committee was in favor of the recommendation made by Mr. Khorey. The members of the Board received a table the committee had asked Mr. Khorey to prepare. Mr. Khorey reiterated the recommendations were to bring guidelines up to Security Commission investment standards and up to California Code and to widen the scope of what the District could invest in. The recommendations are still very conservative and consistent with California Code. Director Summerfield stated that in the matrix of suggested changes, the second item appears to open up investments from medium notes to all corporate bonds. Keith Khorey responded that within credit and maturity guidelines elsewhere in the document there are caveats delineating where the money can be invested. Director Summerfield asked if the District is going from AA to A. Keith Khorey responded this is change to go down a step. There are very few AA names. There is no increase in yield by picking up an AA or AAA. Most corporate bonds they buy are single A. Director Summerfield wanted to make sure that Wells will not do 30% in one bond. Keith Khorey stated there is a guideline that says 3% only in one bond for Wells Capital investments. President Beverage requested a copy of Wells Capital guidelines be given to the members of the Board. Keith Khorey will put this together with the proposed changes. On a motion by Director Mills, seconded by Director Collett, the Board of Directors on a Roll Call Vote of 5-0 adopted Resolution No. 05-11 Setting Forth Public Funds Investment Policy and rescinding Resolution 04-03, with the note that in Item 5.i., line 18 the words "and may not" should be added after the word maturity. It was noted that from this time forward General Manager Payne and Wells Capital will report to the Board on investments. Keith Khorey left the meeting at 10:56 a.m. -4- 2005-161 DISCUSSION ITEM 9. Groundwater Production Capacity and Pumping Interference Analysis. Assistant General Manager Vecchiarelli reported a Groundwater Production Capacity report and a Sewer Agreement memorandum have been given to Mr. Hoban. Assistant Manager Ken Vecchiarelli reported staff met with CDM and ran the first part of testing. It is clear the District is going to need additional time. Cumulative testing will be started next week. They ran tests every day and through the weekend, because they wanted to get a very credible reports out of the work. Staff believes CDM will be able to give the District the draft report by November 18. President Beverage stated that in addition the District had a special Executive Committee meeting. The committee met with Tom Titus and Suzanne Rowe who stated CDM is requesting additional time. It is the recommendation of the Executive Committee that the Board accept extending the time to December 8 for the report. Staff will receive the draft report on November 18. Tentatively CDM will report in Closed Session at the Board meeting of November 22. CDM will guarantee delivery of a final report on December 8. On a Motion by President Beverage, seconded by Vice President Armstrong, the Board of Directors voted 5-0 to change the date for receipt of the final report from November 10 to December 8. Tim Hoban left the meeting at 11:02 a.m. REPORTS, INFORMATION ITEMS AND COMMENTS 10. a. President's Report President Beverage had a question regarding a lot where equipment is stored. Is that lot being used again by the District, because there are huge piles of dirt and concrete. General Manage Payne said that it is the contractor for Pulte using the lot. Additionally, President Beverage asked if there was a new hydrant at the bus stop on Lemon. General Manager Payne said this is an air vac release. b. Directors Reports Director Mills and other directors attended the Citizen of the Year award held last week. Director Summerfield will attend the Board meeting of November 22 until 10:00 a.m. c. General Managers Report Fiesta Days will be held this Saturday. The District will have a booth, and Directors are welcome to stop by. The District's new excavator will be in the parade. -5- 2005-162 The Lennar/Hovar escrow closed yesterday. d. General Counsel's Report General Counsel Kidman had nothing further to report. COMMITTEE REPORTS 11. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) Minutes of meeting held October 26 will appear in the Board agenda of November 10. Meeting scheduled for November 15, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) Minutes of the meeting held October 11. Meeting scheduled for November 8, 4:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills) Minutes of the meeting held October 18. The meeting scheduled for November 14 is rescheduled for November 7 at 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Meeting scheduled for November 3, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) The meeting scheduled for November 7 will be held November 14, 4:00 p.m. Building Ad Hoc Committee (Beverage/Summerfield) General Manager Payne wants to schedule a Board workshop. Friday, November 4 at 8:30 a.m. was selected as the date. The meeting must be confirmed with the architect. General Manager Payne will call each Board member with confirmation. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) The meeting scheduled for December 5 will need to be rescheduled for either December 12 or 19, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 12. a. Yorba Linda City Council, October 18 Director Summerfield attended. The right to vote on the land use amendment set for the ballot in June next year took up most of the meeting. One closed session item had to do with the apartment complex south of the Plumosa office. b. Yorba Linda Planning Commission, October 26 Director Collett attended. There was nothing of significance to report. -6- 2005-163 BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after October 27, 2005. Agenda is available in the District office prior to meeting. November Yorba Linda City Council, November 1, 6:30 .m. Collett MWDOC/MWD Joint Workshop, November 2, 8:30 a.m. Staff OCWD Board, November 2, 5:00 .m. Staff Plan nin -En ineerin -O erations Committee, November 3, 4:00 .m. Armstron /Summerfield WACO, November 4, 7:30 a.m. Mills Tentative Board Building Workshop, November 4, 8:30 a.m., Plumosa Drive Personnel-Risk Manager Committee, November 7, 4.00 .m. Collett/Mills Finance-Accounting Committee, November 8, 4:00 p.m. Mills/Collett Yorba Linda Planning Commission, November 9, 6:30 .m. Mills Public Information Committee, November 14, 4:00 p.m. Summerfield/Bevera e Executive-Admin-Or anizational Committee, November 15, 4:00 p.m. Beverage/Armstrong 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 December Planning-Engineering-Operations Committee, Dec 1, 4:00 p.m. Armstron /Summerfield WACO, December 2, 7:30 a.m. Mills Public Information Committee, December 5, 4:00 .m. Summerfield/Beverage Yorba Linda City Council, December 6, 6:30 .m. Collett MWDOC/MWD Joint Workshop, December 7, 8:30 a.m. Staff OCWD Board, December 7, 5:00 p.m. Staff Personnel-Risk Management Committee, December 12, 4:00 .m. Collett/Mills* (Beverage) Finance-Accounting Committee, December 13,4:00 p.m. Mills/Collett Yorba Linda Planning Commission, December 14, 6:30 .m. Mills Executive-Admin-Or anizational Committee, December 20, 4:00 .m. Beverage/Armstrong Yorba Linda City Council, December 20, 6:30 .m. Summerfield MWDOC Board, December 21, 8:30 a.m. Staff OCWD Board, December 21, 5:00 .m. Staff kanernaie/ Committee meeting assignment will be continued as is until the first meeting in January 2006. CONFERENCES AND SEMINARS 13. 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. 2005 Yorba Linda Mayors Prayer Breakfast, Wednesday, November 2, 7:00- 8:45 a.m., Yorba Linda Community Center on Casa Loma. Director Mills will attend. Vice President Armstrong has his own ticket. General Manager Payne has reserved a table for eight. -7- 2005-164 b. Renaming of Valley View Sports Park to Veterans Park, Friday, November 11, 2005, 9:30 a.m., 4756 Valley View Ave. Vice President Armstrong, Director Mills and Director Summerfield will attend. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to approve attendance by Board and staff at the referenced meetings. Directors Summerfield and President Beverage will attend the Colorado River Water Users Association conference, December 14-16, 2005. Director Collett may attend. ADJOURNMENT On a motion by Director Mills, seconded by Vice President Armstrong the Board of Directors voted to adjourn to an adjourned regular meeting of the Board of Directors scheduled for Friday, November 4, 2005 at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda, CA 92886. rtv'M' hael A. Payne Secretary/General Manager -8-