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HomeMy WebLinkAbout2004-02-12 - Board of Directors Meeting Minutes2004-15 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING February 12, 2004, 8:30 A.M. The February 12, 2004 meeting of the Yorba Linda Water District Board of Directors was called to order by President William R. Mills at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors Present at Roll Call William R. Mills, President Michael J. Beverage, Vice President Paul R. Armstrong Arthur C. Korn John W. Summerfield Visitors resent: None SPECIAL RECOGNITION Staff Present: Michael A. Payne, General Manager Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Amelia Cloonan, Administrative Secretary Brian Vargas, Maintenance Worker II 1. Lee Cory, Operations Manager, introduced Brian Vargas, Maintenance Worker II, and recognized him for five years service to the Yorba Linda Water District. 2. Michael Payne, General Manager, recognized Kenneth Vecchiarelli on his promotion to Assistant General Manager. Brian Vargas left the meeting at 8:34 a.m. Arthur G. Kidman, District General Counsel, entered the meeting at 8:35 a.m. CONSENT CALENDAR On a motion by Vice President Beverage, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve the Consent Calendar. 3. Approve minutes of regular meeting January 22, 2004. 4. Authorize directors to leave the State of California prior to next meeting. 5. Approve disbursements of $2,060,021.30. 6. Approve Terms and Conditions for Water and Sewer Service with Shea Homes for Tract No. 16559 (Vista Del Verde Planning Area "O"), Job No. 0328. 7. Authorize the President and Secretary to execute the Facility Finance, Design and Construction Agreement (FFDCA) with Shell Western E&P, Inc., L.P. (SWEPI, L.P.) for the Bastanchury Sewer Main within Village III, Job No. 0327. -1- 2004-16 8. Approve Change Order No. 2 in the amount of $93,049.89 and 7 additional days and approve Progress Payment No. 8 in the net amount of $223,673.76 to Pascal & Ludwig Constructors for construction of the Well No. 15 and Well No. 18 Improvements and the Richfield Plant On-Site Sodium Hypochlorite Generation (OSHG) and Disinfection System Projects, Job Nos. 200209, 200104 and 200207 respectively. 9. Approve a Quitclaim Deed of Easement to Watermark development and authorize the President and Secretary to execute said Quitclaim Deed. 10. Approve a Quitclaim Deed of Easement to C&A Sugar Pine homes and authorize the President and Secretary to execute said Quitclaim Deed. ACTION CALENDAR 11. Consider Permission for Directors to leave the State of California. The item was opened for discussion on a motion by Vice President Beverage, seconded by Director Armstrong. Michael Payne, General Manager, presented the report. Director Korn questioned why Directors need permission to leave the State of California. General Counsel Kidman responded this procedure has been in effect for many years. If a director was absent for 60 days without permission, there is the issue of whether the director could lose his office. Another issue involved Brown Act procedures. Seventy-two hours notice is required to hold a meeting, and notice of the meeting must be posted at all locations where directors will participate. An emergency meeting can be held with 24- hours notice, but the meeting cannot be held unless it can be proven the directors received notice of the meeting. If all the directors attend, the meeting can be held, even if the directors did not receive the notice. If a director does not show up to attend the meeting, and it cannot be proven the director received notice of the meeting, a meeting cannot be held. General Counsel Kidman continued to state the resolution before the Directors formalizes the idea that the Directors advise the District where they are goirrg'to be and how to contact them. With a waiver, meetings can be held. The waiver expires when a director revokes it. Michael Payne, General Manager, said a form will be developed so the information can be given ahead of time in case the District needs to get in touch with a Director. Director Summerfield commented the 48-hour period of time to be absent from the District is very short. President Mills stated the Board is saying they would like to eliminate this item on the agenda. General Counsel Kidman responded the item can be eliminated, but it leaves the District in the situation where, in case of emergency, if they cannot get written notice to a Director, the meeting cannot be held. President Mills recommended the item be referred to committee to work out details. Vice President Beverage commented the District still needs a way to hold a meeting in an emergency, and the waiver takes care of this. Director Korn commented that with a waiver, three Directors could conduct business, and stated there is no definition of the term "reasonable". -2- 2004-17 Vice President Beverage withdrew his motion to open the item for discussion. On a motion by Vice President Beverage, seconded by Director Summerfield, the Board of Directors voted 5-0 to refer this item to the Executive-Administration Committee for further consideration and to report back with a recommendation to the Board of Directors. The words "reasonable" and "shall" in the Resolution will be taken into consideration. 12. Consider Appropriations Limit for Fiscal Year 2003-2004. The item was opened for discussion on a motion by Director Armstrong, seconded by Vice President Beverage. Beverly Meza, Business Manager, presented the report. Each year the District is required to adopt a resolution adopting the District's appropriation limit. The Board of Directors voted 3-2 on a Roll Call vote, with Director Armstrong, Vice President Beverage and President Mills voting Yes and Directors Korn and Summerfield voting No, to adopt Resolution 04-02 adopting the District's appropriations limit for fiscal year 2003-2004. 13. Consider Contract Extension with Moreland and Associates for Auditing Services. The item was opened for discussion on a motion by Director Korn, seconded by Vice President Beverage. Beverly Meza, Business Manager, presented the report. Ms. Meza reported District practice has been that after a three year period the District reviews the contract yearly. Director Korn said the Finance Committee discussed this item. Questions were asked about special internal audits, cash audits and spot checks. The Board of Directors voted 5-0 to approve a one year contract extension with Moreland & Associates, Inc. for auditing services for fiscal years 2003/2004. Beverly Meza left the meeting a 9:12 a.m. 14. Consider Mitigated Negative Declaration for the Zone 2 Transmission Pipeline Project. The item was opened for discussion on a motion by Vice President Beverage, seconded by Director Armstrong. Kenneth Vecchiarelli, Assistant General Manager, presented the report. Director Armstrong asked a question about what portion of the existing pipeline will be used. Kenneth Vecchiarelli responded that a large part of the existing pipeline in the ground will be reused. Most of the 1920's pipeline in place is in good condition but undersized for transmission capabilities. One segment of the old pipeline that crosses from the Highland Booster Station through back yards to where the pipe crosses Highland Avenue will be abandoned. Additional questions were asked about the depth of the pipeline, notification of the public and businesses. A comment was made about the amount of detail and information in the two projects. Kenneth Vecchiarelli reported there are serious guidelines for CEQA compliance. The District cannot choose to look at just one or two requirements. The Board of Directors voted 5-0 to adopt the Mitigated Negative Declaration and authorize staff to file the Notice of Determination for the Zone 2 Transmission Pipeline, Job No. 9804. -3- 2004-18 Vice President Beverage declared a conflict of interest and left the room, at 9:27 a.m., during discussion and voting on this item. 15. Consider Mitigated Negative Declaration for the Hidden Hills Reservoir. The item was opened for discussion on a motion by Director Summerfield, seconded by Director Armstrong. Kenneth Vecchiarelli, Assistant General Manager, presented the report. Kenneth Vecchiarelli reported the District proposes mitigation for the project including an offsite conservation easement at OC-51. The site is approximately four acres in size. The conservation easement pledges the District will hold that land free and clear of development and that it will remain in its natural state as long as the District owns the parcel. A conservancy group commented on the mitigated negative declaration, but Kenneth Vecchiarelli did not know the name of the group. One-half of the area will have to be restored after construction. It will be reseeded with a native mix. A question was asked about whether the documents whereby the land was originally acquired had been checked for any requirements. Kenneth Vecchiarelli replied the land was acquired for an above-ground reservoir. The mineral rights may have been retained by Shell. Questions were also asked about: whether the site is deeded to anyone, continuing access to the site by the District, City of Yorba Linda open space, fencing on the site, a buffer zone, need for signage indicating the area is conserved space (the area is not easily accessed by the public). President Mills asked to be informed about the name of the conservancy group. The Board of Directors voted 3-1, with Director Korn voting No, to adopt the Mitigated Negative Declaration and authorize staff to file the Notice of Determination for the proposed Hidden Hills Reservoir, Job No. 200028. A recess was declared at 9:43 a.m. The Board reconvened at 9:48 a.m. with all Directors present. 16. Consider District's ACWA/JPIA Representative. Michael Robinson, Assistant Administrator, presented the report. Director Armstrong gave an outline of the duties and responsibilities of the ACWA/JPIA Director. On a motion by Vice President Beverage, seconded by Director Summerfield, the Board of Directors voted 5-0 to appoint a President Mills as a Director to serve as the District's Association of California Water Agencies/Joint Powers Insurance Authority representative with Vice President Beverage to serve as Alternate. GENERAL MANAGER'S REPORT 17. General Manager's oral report and comments. a) General Counsel Kidman attended the WACO meeting. A legislator stated the Department of Industrial Relations ruled volunteers who perform all day cleanups will be subject to prevailing wage laws. b) Filing Form 700 Statement of Economic Interests. The forms went out to the Directors in their mail packets. The Directors need to file for both the Yorba Linda Water District and the Yorba Linda Water District Public Financing Corporation. -4- 2004-19 c) Metropolitan Water District shutdown. Lee Cory gave a status report on the Met shutdown scheduled for February 23-27, who has been contacted, and who is cooperating. d) District activities. General Manager Payne reported he met with the interim City of Placentia City Administrator. He also reported that he met with Terry Belanger, City Manager, City of Yorba Linda. The issue of Richfield Road and Mira Loma Street was discussed. The Directors received an invitation to the OCWD groundbreaking dedication ceremony at Arrowhead Pond, Thursday, February 19, 12:00 noon to 1:30 p.m. Director Armstrong and Assistant General Manager Vecchiarelli will attend. COMMITTEE REPORTS 18. Executive-Administration Committee (Mills/Beverage) Meeting scheduled for February 17, 4:00 p.m. Board of Directors Expenses, Yorba Linda Water District Public Finance Corporation, Sewer Policy, Board of Directors/staff workshop, Board of Directors "Out of State" motion. President Mills asked that this meeting be scheduled for 2:00 p.m. 19. Finance-Accounting Committee (Korn/Summerfield) The meeting is scheduled for March 9, 4:00 p.m. 20. Personnel-Risk Management Committee (Summerfield/Mills) Meeting scheduled for March 8, 4:00 p.m. 21. Planning-Engineering-Operations Committee (Beverage/Armstrong) Meeting scheduled for February 18, 4:00 p.m. 22. Public Information Committee (Armstrong/Kom) Summary minutes of meeting held February 3, 4:00 p.m. 2004 Public Information Plan, Water Awareness Month-May, District tours, Waterlines newsletter, future issues. General Manager Payne distributed a copy of public activities planned for 2004 to the Directors. Director Korn commented about the Consumer Confidence Report, which costs the District $8,500 to print and mail. He suggested contacting the appropriate congressman and assemblyman to change the requirement. Both the State of California and the U.S. Government require publication and distribution of this report. Staff was asked to inquire about whether posting the report on the website would fulfill the District's obligations. Meeting scheduled for March 2, 4:00 p.m. 23. Orange County Water District Ad Hoc Committee (Mills/Beverage) Summary minutes of meeting held January 26, 4:00 p.m. Request for Proposal/Environmental Impact Report, Basin Production Percentage (BPP) update, Orange County Water District annexation charge report, availability of replenishment water. -5- 2004-20 President Mills distributed a copy of Projected Water Rates to the members of the Board and commented on the material distributed. 24. MWDOC Ad Hoc Committee (Mills/Kom) INTERGOVERNMENTAL MEETINGS 25. Yorba Linda Planning Commission, January 28, 6:30 p.m. There was nothing of interest to the District, and no one attended the meeting. 26. ISDOC Membership, January 29, 11:30 a.m. President Mills and General Manager Payne attended. Mr. Silva spoke. 27. Yorba Linda City Council, February 3, 6:30 p.m. Director Summerfield attended and reported the husband of the woman being sued in the Kevin Peters lawsuit spoke. The issue of eminent domain was discussed. 28. MWDOC/MWD Workshop, February 4, 8:30 a.m. General Manager Payne attended and spoke to the Board about the issue of rebates and rates. 29. OCWD, February 4, 5:00 p.m. General Manager Payne attended. Virginia Grebbien, General Manager OCWD, distributed copies of the OCWD budget. The Replinishment Assessment (RA) is proposed to go from $149 to $184. The 23% rate increase in the budget is due to rising costs; increase in water rates and personnel. 30. Yorba Linda Planning Commission, February 11, 6:30 p.m. Director Korn attended. The item regarding the flood control district was approved. He had the opportunity to speak with the reporter for the Yorba Linda Star. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after February 12, 2004. Agenda is available in the District office prior to meeting. Yorba Linda City Council, February 17, 6:30 p.m. MWDOC, February 18, 8:30 a.m. OCWD, February 18, 5:00 p.m. Yorba Linda Planning Commission, February 25, 6:30 p.m. ISDOC Board, March 2, 7:30 a.m. Yorba Linda City Council, March 2, 6:30 p.m. MWDOC/MWD Workshop, March 3, 8:30 a.m. OCWD, March 3, 5:00 p.m. WACO, March 5, 7:30 a.m. Yorba Linda Planning Commission, March 10, 6:30 p.m. Yorba Linda City Council, March 16, 6:30 p.m. MWDOC, March 17, 8:30 a.m. OCWD, March 17, 5:00 p.m. Yorba Linda Planning Commission, March 24, 6:30 p.m. Armstrong Staff Staff Beverage Summerfield Staff Staff Mills Korn Armstrong Staff Staff Beverage Board Members will attend the ISDOC Membership meetings on the 5th Thursday of the month. Staff will attend the ISDOC Board meetings. -6- 2004-21 BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Director Armstrong stated he will be unable to attend the Board meeting on February 26. The Board of Directors went into Closed Session at 10:31 a.m. All Directors were present. Also present were General Counsel Kidman, General Manager Payne and Assistant General Manager V ecchiarelli. CLOSED SESSION 31. Discussion of pending litigation to which the District is a party, (Justification for Closed Session is Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 815921 Huntington Beach vs. OCWD, and Case No. 818852 Fountain Valley vs. OCWD. 32. Discussion of potential litigation to which the District may be a party, (Justification for Closed Session is Subsection (c) of Section 54954.2 and Subsection (b) of Section 54956.9), International Custom Enterprises. Director Korn left the meeting at 11:00 a.m. 33. Discussion of pending litigation to which the District is a party (Justification for Closed Session is Subsection (b)(1) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 03CCO5867 Peters vs. City of Yorba Linda, Southern California Edison; Yorba Linda Water District and Yorba Linda Water District vs. Southern California Edison; Cecil Maurer, Jackie Peters. ADJOURNMENT The Board of Directors came out of Closed Session at 11:45 a.m. No action was taken in Closed Session On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of Directors voted 4-0 to adjourn at 11:46 a.m. The next regular meeting of the Board is scheduled for Thursday, February 26, 2004 at 8:30 a.m., at the District Headquarters. Michael A. Payne Secretary/General -7- 2004-22