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HomeMy WebLinkAbout2004-04-22 - Board of Directors Meeting Minutes2004-57 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING April 22, 2004 8:30 A.M. The April 22, 2004 meeting of the Yorba Linda order by President William R. Mills at 8:30 a.m. 4622 Plumosa Drive, Yorba Linda. Water District Board of Directors was called to The meeting was held at District Headquarters, Directors Present at Roll Call William R. Mills, President Michael J. Beverage, Vice President Paul R. Armstrong Arthur C. Korn John W. Summerfield Visitors present: None Staff Present: Michael A. Payne, General Manager Arthur G. Kidman, District General Counsel Lee Cory, Operations Manager Stacy Bavol, Customer Service Supervisor Michael Robinson, Assistant Administrator Ken Vecchiarelli, Assistant General Manager Amelia Cloonan, Administrative Secretary SPECIAL RECOGNITION 1. Stacy Bavol, Customer Service Supervisor, introduced Ron Hazzard, newly hired Meter Reader I, Business Department. 2. William Mills introduced Russ Shupe, Storekeeper, and on behalf of the Yorba Linda Water District, presented a Certificate of Appreciation from The Orange County United Way 2003/2004 Workplace Campaign to Russ for his coordination efforts. CONSENT CALENDAR (Items 3 through 7) On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve the Consent Calendar. 3. Approve minutes of regular Board of Directors meeting April 8, 2004. 4. Approve minutes of special Board of Directors meeting April 15, 2004. 5. Approve disbursements of $999,058.10. 6. Approve Change Order No. 1 and Progress Payment No. 5 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion, Job No. 0316. 7. Approve the abandonment of an easement originally recorded September 29, 1975, in Book 11523, Pages 1408 and 1409 of Official Records of Orange County and authorize the President and Secretary to execute the attached Quitclaim Deed. -1- 2004-58 ACTION CALENDAR 8. Consider Emergency Replacement of Bastanchury Road Transmission Pipeline. Kenneth Vecchiarelli, Assistant General Manager, presented the report. Mr. Vecchiarelli outlined the recent history of a series of failures of the pipeline in the area and the reasons to replace the pipeline from Imperial Highway to Rose Drive as an emergency project. Questions were asked about cost, timing for the replacement, whether the contract would go out for bids, competitive bidding requirements, and the use of PVC piping for the job. The item was discussed in the PEO Committee meeting and in the Finance Committee meeting. On a motion by Director Armstrong, seconded by Vice President Beverage, the Board of Directors voted 5-0 to authorize staff to move forward with an emergency replacement of approximately 3,200 feet of 16" water transmission pipeline in Bastanchury Road between Rose Drive and Imperial Highway and ratified staff's execution of a Consultants Agreement with Tetra Tech, Inc. in the amount of $18,200 to prepare plans, specifications and contract documents for the emergency replacement, Job No. 0408. Director Korn asked what the Board is required to do and what the Board is allowed to do in this type of emergency where there have been five breaks on the pipeline. General Counsel Kidman stated public competitive bidding is not required on any project. It is a decision of the Board of Directors whether the agency needs to do competitive bidding. When a decision is made to do competitive bidding, which is District policy, the District must then follow the rules of the competitive bidding process. On a motion by Director Korn, seconded by Vice President Beverage, The Board of Directors voted 5-0 to authorize the General Manager to take action as he determines necessary suspending the normal purchasing process for this project in this emergency situation. 9. Consider Revised Phasing Plan for the Pulte Home Development. Kenneth Vecchiarelli, Assistant General Manager, presented the report. Construction bids were received totaling $4.6 million dollars for the three phases of this project. Since the District was contractually obligated for 50%, thus $2.3 million, a halt was called on the project. The Board previously approved the project based on a reasonable estimate of $1.575 million as the District's share. The District does not consider $400 a linear foot a reasonable cost. Pulte accepted the option of the District having $1.575 million as a fixed cost for the project. Certain modifications have been made. Mr. Vecchiarelli outlined these modifications using a map of the area for illustration. President Mills asked for a motion for discussion. Director Armstrong moved for discussion. Vice President Beverage seconded the motion. Note was made that a correction was needed in the date of April 25 in the second paragraph of the staff report. The date should be March 25, 2004. The Board of Directors voted 5-0 to authorize the General Manager to execute the revised Phasing Exhibit "E" and approve limiting the District's funding obligation to $1,575,075 for the three Pulte off-site sewer improvement projects, Job No. 200216. -2- 2004-59 10. Consider Financial Statements for the period ending February 29, 2004. Michael A. Payne, General Manager, presented the report. On a;motion by Vice President Beverage, seconded by Director Korn, the Board of Directors voted 5-0 to accept the Financial Statements for the first eight months of fiscal year 2003-2004 ending February 29, 2004. 11. Consider Independent Special District Selection Committee meeting. Michael Robinson, Assistant Administrator, presented the report. The Board of Directors were asked to consider the nomination of a candidate for the position of LAFCO special district representative; to designate a member of the Board to attend the selection meeting; and, to direct that member to vote for a special district representative. The voting takes place April 29 at the ISDOC Quarterly meeting. The only nominee at this time is Arlene Schafer, Costa Mesa Sanitary District. Nominations close Tuesday, April 27. The presiding officer of the Board is the voting representative for the District. President Mills was instructed to use his own judgment in voting. GENERAL MANAGER'S REPORT 12. General Manager's oral report and comments. a) General Counsel Kidman had nothing to report. b) District activities. 1) General Manager Payne and Assistant General Manager Vecchiarelli reported on a major shutdown scheduled for Saturday, April 24. Valves will be replaced and repaired, and a leak will be repaired. The shutdown will be south of Yorba Linda Boulevard and north of Prospect. Placentia Linda Hospital, 109 residents and some businesses will be affected. The shutdown is scheduled to commence at 2:00 a.m. Crews will be out Friday potholing and setting up. Customer Service Representatives will be in the office, so the phones will be manned. The Customer Service Department, Operations and Engineering have all been involved. A fact sheet will be distributed to all Directors. 2) Assistant General Manager Vecchiarelli reported on the Highland Booster Station shutdown, which is planned for April 28 and 29. The contractor is ready to tie the pipeline in. The connection is being made where it is believed the replacement reservoir will be located. This is a major shutdown, and all precautions have been addressed. COMMITTEE REPORTS 13. Executive-Administration Committee (Mills/Beverage) Report of meeting held April 20. Board Workshop facilitator, SB 1272 Ortiz, OCWD annexation. A report was presented to the Board members prior to the meeting. The Board of Directors Goals Workshop will be held Thursday, May 20 at 8:30 a.m. at the Richfield Plant EOC Room. The Ortiz Bill was voted on Wednesday, April 21. General Manager Payne handed out information sent to the District by Barry Brokaw of Sacramento Advocates. General Counsel Kidman commented, with respect to Bill 1272, the idea was to get the Bill out to meet a deadline with the thought it will circle back, however, the -3- 2004-60 circling back is not enforceable. There is concern whether Margett's efforts will work as described. Mr. Payne presented copies of letters that were signed by President Mills. 14. Finance-Accounting Committee (Korn/Summerfield) Summary minutes of meeting held April 13 were included in the agenda. Director Summerfield spoke about the discussion held regarding internal audits. He commented on the high cost for individual audits. General Manager Payne will come back to the Board with the potential costs. Michael Robinson left the meeting at 9:40 a.m. 15. Personnel-Risk Management Committee (Summerfield/Mills) Meeting scheduled for May 10, 4:00 p.m. 16. Planning-Engineering-Operations Committee (Beverage/Armstrong) Report of meeting held April 21. Easement 5751 Casson Drive, Yorba Linda - Mr. Suciu, Cal Water 1961 Petra Lane, Placentia - David Peairs, Update of Five-Year Gas Engine Replacement Schedule, Update to Five-Year Vehicle and Equipment Plan, Zone 2 Transmission Pipeline - Construction Bids, Richfield Plant Phase III - Architectural Proposals, Pulte Off-Site Sewer, Well 18 and 19 status report, Bastanchury Emergency Pipeline Replacement. Vice President Beverage reported that neither Mr. Suciu nor Mr. Peairs attended the meeting, so their items were not discussed. All other items were discussed. A workshop for Board members to specifically address Phase III Architectural Proposals for the Richfield Plant was scheduled for June 3 at 8:30 a.m. at the Richfield Plant. The meeting will last approximately three hours. 17. Public Information Committee (Armstrong/Kom) The meeting scheduled for May 4, 4:00 p.m. was rescheduled for Monday, May 10 at 8:30 a.m. 18. Orange County Water District Ad Hoc Committee (Mills/Beverage) Meeting scheduled for May 17, 4:00 p.m. 19. MWDOC Ad Hoc Committee (Mills/Kom) Meeting scheduled for May 24, 4:00 p.m. A recess was declared at 9:53 a.m. Lee Cory left the meeting. The Board reconvened with all Directors present at 10:02 a.m. INTERGOVERNMENTAL MEETINGS 20. WACO, April 2. President Mills reported Assemblyman John Campbell spoke at the meeting. Subjects covered at the meeting included the budget, the idea of no new taxes, correctional institution guards' organizational power, the Governor, number of initiatives on the November ballot, environmental and educational budget items, and LAFCO's continuing review of small islands. -4- 2004-61 21. Yorba Linda Planning Commission, April 14. Director Korn reported an after-school math tutoring center in an M-1 Zone on Prospect was considered and failed, because it doesn't generate any sales tax. 22. Yorba Linda City Council, April 20. Director Armstrong reported on two items. One item was the repainting of the red zone south of the District's exit. It will be shortened. Another item concerned the Orange County Vector Control Group. The plan is to increase the assessment per parcel per year to $5.66, or the Group will go out of existence. Major portions of their budget go for control of fire ants and repair of damage caused by fire ants to electrical wiring in buildings and electrolysis in pipelines. The last item covered was adoption of a purchasing ordinance. Director Armstrong gave a copy to staff so they can evaluate how close the District's policy is to that of the city. 23. MWDOC Board of Directors meeting, April 21. General Manager Payne attended. Some personnel policy manual revisions were implemented. A resolution was adopted appointing Kevin Hunt as General Manager. 24. OCWD Board of Directors meeting, April 21. General Manager Payne attended. Yorba Linda Councilman Duvall was in attendance at the OCSD meeting held prior to the OCWD Board meeting. The OCWD Board adopted an RA of $172.00 an acre foot, and adopted a Basin Production Percentage (BPP) of 66%. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board authorized the following Board members and staff to attend meetings scheduled after April 22, 2004. Agenda is available in the District office prior to meeting. Yorba Linda Planning Commission, April 28, 6:30 p.m. ISDOC Membership, April 29,11:30 a.m. ISDOC Board, May 4, 7:30 a.m. Yorba Linda City Council, May 4, 6:30 p.m. City of Placentia City Council Meeting, May 4, 7:30 p.m. (Present Proclamation) MWDOC/MWD A Workshop, May 5, 8:30 a.m. OCWD, May 5, 5:00 p.m. Yorba Linda Planning Commission, May 12, 6:30 p.m. WACO, May 14,7:30 a.m. Yorba Linda City Council, May 18, 6:30 p.m. MWDOC, May 19, 8:30 a.m. OCWD, May 19, 5:00 p.m. Yorba Linda Planning Commission, May 26, 6:30 p.m. ISDOC Board, June 1, 7:30 a.m. Yorba Linda City Council, June 1, 6:30 p.m. MWDOC/MWD A Workshop, June 2, 8:30 a.m. OCWD, June 2,5:00 p.m. WACO, June 4,7:30 a.m. Yorba Linda Planning Commission, June 9, 6:30 p.m. Yorba Linda City Council, June 15, 6:30 p.m. MWDOC, June 16, 8:30 a.m. OCWD, June 16, 5:00 p.m. Yorba Linda Planning Commission, June 23, 6:30 p.m. Beverage Mills & Payne Summerfield Robinson Staff Staff Korn Mills Armstrong Staff Staff Beverage -5- 2004-62 Director Beverage will check his availability to attend the Placentia City Council meeting on May 4 to accept a proclamation announcing May as Water Awareness. BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Director Armstrong stated hybrid vehicles were not discussed in the PEO Committee meeting. He asked if the District should investigate these vehicles, which are friendly to the environment and less expensive to operate. Director Armstrong recommended looking at the City levels for the chart of approval for dollar level expenditures. Vice President Beverage said this should be referred to the Executive Committee and brought back to the Board to see if there are changes the Directors want to make. Director Summerfield asked about the Directors' workshop. President Mills said the committee felt the General Manager could go ahead and select the facilitator. The facilitator recommended is from Walnut Creek and has worked with special districts. The Board of Directors went into Closed Session at 10:32 a.m. with all Directors present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. CLOSED SESSION 25. 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. 11919 Gateway Pacific Contractors, Inc. 26. 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. 27. Conference with Legal Counsel Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one case. The Board of Directors came out of Closed Session at 11:20 a.m. No action was taken in Closed Session. ADJOURNMENT The Board of Directors voted 5-0 to adjourn at 11:20 a.m. The next regular meeting of the Board is scheduled for Thursday, May 13, 2004 at 8:30 a.m., at the District Headquarters. , Michael A. Payne Secretary/General Manager -6-