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HomeMy WebLinkAbout2006-09-14 - Board of Directors Meeting Minutes2006-135 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 14, 2006 The September 14, 2006 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Paul R. Armstrong at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL Paul R. Armstrong, President Michael J. Beverage William R. Mills John W. Summerfield STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, General Counsel Kenneth R. Vecchiarelli, Asst. G.M. Lee Cory, Operations Manager Diane Cyganik, Finance Director Amelia Cloonan, Administrative Secretary Stacy Bavol, Customer Service Supervisor Denise Salazar, Customer Service Rep DIRECTORS ABSENT AT ROLL CALL Ric Collett INTRODUCTION OF VISITORS AND PUBLIC COMMENTS Mark Quaternik, John Force Racing, Inc. SPECIAL RECOGNITION Customer Service Supervisor Stacy Bavol introduced Denise Salazar newly hired Customer Service Representative I. Stacy Bavol and Denise Salazar left the meeting at 8:33 a.m. CONSENT CALENDAR (items 1 through 3) On a motion by Director Beverage, seconded by Director Mills, the Board of Directors voted 4-0 to approve the Consent Calendar. Minutes of the Regular Board of Directors meeting held August 24, 2006. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,594,316.89. 3. Lakeview Booster Pump Station Progress Payment No. 4. Recommendation: Approve Progress Payment No. 4 in the net amount of $131,180.40 to Schuler Engineering Corporation for construction of the Lakeview Booster Pump Station, Job No. 200505. -1- 2006-136 Ric Collett, Vice President, entered the meeting at 8:34 a.m. ACTION CALENDAR 7. Consider Terms and Conditions for Water Service with John Force for 20650 Travis Road. Assistant General Manager Vecchiarelli presented to the Directors Revised Terms and Conditions, No. 49. This item first came to the Board on August 10. Mr. Vecchiarelli reported it was suggested the property owner consider backup power. The revised Terms and Conditions contains language regarding "prior to property sale" requirements. The District wanted a declaration of restrictive covenants to cover the District and be in place for the next owner of the property. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve the Terms and Conditions for Water Service with John Force for 20650 Travis Road, Yorba Linda, Job No. 200622, which includes a privately owned, operated and maintained pressure-augmented domestic service and fire suppression system and the requirement to disclose the existence of these systems to future owners through a recorded Declaration of Restrictive Covenants. Mark Quaternik left the meeting at 8:45 a.m. The Board of Directors adjourned to Closed Session at 8:46 a.m. All Directors were present. Also present were General Manager Payne, Human Resources Manager Knight and General Counsel Kidman. ADJOURN TO CLOSED SESSION 4. Conference with Labor Negotiators. (Justification for Closed Session is Government Code Section 54957.6) Yorba Linda Water District Employees Association, employee organization and Michael A. Payne, General Manager, and Gina Knight, Human Resources Manager, YLWD designated representatives. 5. Conference with Labor Negotiators. (Justification for Closed Session is Government Code Section 54957.6) Yorba Linda Water District Supervisory and Confidential employees and Michael A. Payne, General Manager, and Gina Knight, Human Resources Manager, YLWD designated representatives. 6. Conference with Labor Negotiators. (Justification for Closed Session is Government Code Section 54957.6) Yorba Linda Water District Management and Michael A. Payne, General Manager, and Gina Knight, Human Resources Manager, YLWD designated representatives. RECONVENE IN OPEN SESSION The Board of Directors came out of Closed Session at 9:05 a.m. and reconvened in open session at 9:07 a.m. Ken Vecchiarelli, Lee Cory, Amelia Cloonan and Don Casados, candidate for IT Manager, joined the meeting. CLOSED SESSION REPORT There was no Closed Session report. -2- 2006-137 ACTION CALENDAR President Armstrong recused himself from the room during discussion and voting on this item due to the proximity of his residence to the property under consideration. 8. Consider Amended Terms and Conditions for Water and Single Sewer Service with Ron Stickney, Job No. 200618. Assistant General Manager Vecchiarelli presented the item, which is for amended terms and conditions. The additional fire hydrant was questioned by Mr. Stickney whose concerns about this YLWD requirement were communicated to the Board. The District believes the additional fire hydrant is beneficial for the neighborhood, and the members of the Board agreed. Director Summerfield commented about what happened at the committee meeting. The pipes were cement lined and were in good shape. There was discussion about the pipes in the neighborhood near the District office. On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 4-0-1, with President Armstrong abstaining, to approve the Amended Terms and Conditions for Water and Single Sewer Service with Ron Stickney, Job No. 200618. The amended terms eliminate the requirement to abandon and replace an existing pipeline across three properties in favor of relocating just the interfering pipeline across the lot proposed for development. This condition was changed because the existing pipeline in the field was found to be in very good condition. The Board further amended the conditions and agreed Mr. Stickney would be reimbursed for construction of the new fire hydrant. 9. Consider claim filed by First Team Real Estate Orange County, Inc., a California Corporation, and its salespersons Mary Henderson, Salette Norlund and Terry Newland. General Manager Payne stated this item deals with the landslide area in Hidden Hills. On a motion by Director Mills, seconded by Vice President Collett, the Board of Directors voted 5-0 to reject and refer the claim to ACWA/JPIA. DISCUSSION ITEMS 10. None. REPORTS, INFORMATION ITEMS AND COMMENTS 11. a. President's Report President Armstrong reported Bastanchury is now open to Village Center Drive. b. Directors Reports Vice President Collett attended the community meeting on Via del Buey. Those who attended wanted to get the job done. Director Mills commented on a newspaper article regarding a scandal concerning the manure to energy project in which Bob Finstra was involved as a consultant. -3- 2006-138 c. General Managers Report General Manager Payne asked Operations Manager Cory to report on a sewer spill. Mr. Cory reported the spill was the first in a year and occurred to the east of Van Buren on Raintree. The slope has started to move. Correcting the overflow was accomplished in an hour. Clearing took all night. An assessment has been performed. A Board tour is planned for Saturday, September 16 commencing at 8:00 a.m. The District experienced problems with the computer servers last week. General Manager Payne will not be in the office during the week of September 18-22. A letter was received from the City of Yorba Linda by the members of the Board regarding Fiesta Days and the possibility the Board members might wish to ride in vehicles. Directors Mills and Summerfield expressed and interest. d. General Counsel's Report General Counsel Kidman reported the California Supreme Court ruled in August in the Big Horn case that water and sewer fees are subject to Proper 218. A week after that ruling, a court of appeal ruled Prop 218 did not apply in a case involving groundwater assessment in the Pajaro Valley. There had been ambiguity in the law. Prop 218 is ten years old. ACWA does not seem to be in tune with the retail level issues. Legislation is needed to state for purposes of utility rate increases the owner would be the person shown on the rate payer roll rather than the property tax roll. The bigger issue the District has is how many tenants it has that it must send water bill to. So, if you sent notice to the owner, you are not sending notice to the rate payer. State law prohibits the District from asking someone coming in if they are an owner or a tenant. COMMITTEE REPORTS 12. a. Executive-Administrative-Organizational Committee (Armstrong /Collett) Alternate: Beverage 1) Meeting scheduled for September 19, 4:00 p.m. b. Finance-Accounting Committee (Collett/Mills) Alternate: Summerfield 1) Meeting of September 11 was cancelled. 2) Meeting scheduled for October 11, 4:00 p.m. -4- 2006-139 c. Personnel-Risk Management Committee (Beverage/Summerfield) Alternate: Collett 1) Minutes of meeting held September 12 will appear in the Board agenda of September 28. Director Beverage reported the Committee considered: a claim filed by Manning & Marder Kass, Ellrod, Ramirez LLP on behalf of First Team Real Estate Orange County, Inc., a California Corporation and its salespersons Mary Henderson, Salette Norlund and Terry Newland; amending the number of Authorized Positions for the balance of Fiscal Year 2006/2007; the Terms of a Memorandum of Understanding and Pay Plan with the Yorba Linda Water District Employees Association; the Terms of the Employee Compensation and Terms of Employment for Supervisory and Confidential employees; and the Terms of the Employee Compensation and Terms of Employment for Management employees. There were status reports on District personnel and on the liability, property and workers compensation claims. 2) Meeting scheduled for October 3, 4:00 p.m. d. Planning-Engineering-Operations Committee (Summerfield/Mills) Alternate: Armstrong 1) Minutes of Meeting held September 7 will appear in the Board agenda on September 28. Director Summerfield reported the Committee discussed Terms and Conditions for Water Service with John Force for improved service to 20650 Travis Road, Amended Terms and Conditions for Water and Single Sewer Service with Ron Stickney for new service to 4272 Avocado Avenue, the Facility Finance Design and Construction Agreement with Shapell Industries for the Kellogg Sewer upgrades and for the Bastanchury Road Water Transmission Pipelines. Also discussed were catch basins and pipelines for Lakeview Reservoir and Booster Pump Station, the amendment to the Professional Services Agreement with Carollo Engineers for the Hidden Hills Reservoir project, and a Professional Services Agreement for Value Engineering for the Highland Reservoir Replacement Project. There were status reports on Water Production and Imports for FY 2006-07 and progress of capital improvement projects in progress. A report was also given on the Groundwater Production Study in Improvement District No. 2. Director Summerfield indicated the committee met with Richard Slade of Richard Slade Associates who attended the meeting to address the well situation. 2) Meeting scheduled October 5, 4:00 p.m. -5- 2006-140 e. Public Information Committee (Mills/Collett) Alternate: Summerfield 1) Minutes of meeting held September 6. Director Mills indicated there were status reports on District Information activities, the SmarTimer Program and the MWDOC School Program. The Committee reviewed an article for the West Coast magazine October edition. The Committee discussed the Information Meeting in "low pressure" neighborhood, Publication of LAFCO Municipal Service Report, the Facilities tour for elected officials and the Placentia Chamber of Commerce. 2) Meeting scheduled for October 2, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Alternate: Collett 1) Meeting scheduled for October 23, 4:00 p.m. g. MWDOC Ad Hoc Committee (Armstrong/Beverage) Alternate: Mills 1) Meeting scheduled for October 24, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 13. a. WACO, September 1 Director Mills distributed copies of an article from the WACO meeting. The speaker was Dr. Dan McKay, Research Meteorologist at Scripps in San Diego, who presented information on the snow pack, runoff and storage. b. Yorba Linda City Council, September 5 Vice President Collett stated the meeting was cancelled. C. Yorba Linda Planning Commission, September 13 Director Mills attended. There was discussion about low income areas and housing. Director Mills also reported on the Quarterly ISDOC meeting, which he and Assistant General Manager Vecchiarelli attended. There was a presentation by the Executive Director of CSDA. Director Mills asked that the District take a look at membership in CSDA. General Manager Payne said the question would be referred to the Executive Committee. -6- 2006-141 BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after September 14, 2006. Agenda is available in the District office prior to meeting. September Executive-Admin-Or anizational Committee, Sept. 19, 4:00 .m. Armstrong/Collett Yorba Linda City Council, September 19, 6:30 .m. Summerfield MWDOC Board, Sep tember 20, 8:30 a.m. Staff OCWD Board, September 20, 5:00 .m. Staff Building Ad Hoc CANCELLED Committee, September 21, 4:00 p.m. Beverage/Summerfield Yorba Linda Plannin g Commission, September 27, 6:30 p.m. Mills/ Alt. Summerfield October Yorba Linda City Council, October 3, 6:30 .m. Collett/ Alt. Summerfield MWDOC/MWD Joint Workshop, October 4, 8:30 a.m. Staff OCWD Board, October 4, 5:00 p.m. Staff WACO, October 6, 7:30 a.m. Mills Planning-Engineering-Operations Committee, October 5, 4:00 .m. Summerfield/Mills Finance-Accountin Committee, October 9, 4:00 .m. Collett/Mills Personnel-Risk Management Committee, October 10, 4:00 p.m. Bevera a/Summerfield Yorba Linda Planning Commission, October 11, 6:30 p.m. Mills//A/t. Summerfield Board of Directors Meeting, October 12, 9:30 a.m. Executive-Admin-Or anizational Committee, Oct 17, 4:00 .m. Armstrong/Collett Yorba Linda City Council, October 17, 6:30 .m. Summerfield MWDOC Board, October 18, 8:30 a.m. Staff OCWD Board, October 18, 5:00 .m. Staff Building Ad Hoc Committee, October 23, 4:00 p.m. Bevera a/Summerfield Yorba Linda Planning Commission, October 25, 6:30 .m. Mills/ Alt. Summerfield 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. Yorba Linda Mayor's Prayer Breakfast, Thursday, October 12, 2006, 7:00-8:45 a. m. President Armstrong, Director Mills and General Manager Payne will attend. ADJOURNMENT The Board of Directors adjourned at 10:48 a.m. A regular meeting of the Board is scheduled for Thursday, September 28, 2006, at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. nVecchiarelli Assistant Secretary -7- 2006-142