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HomeMy WebLinkAbout2004-09-23 - Board of Directors Meeting Minutes2004-135 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 23, 2004, 8:30 A.M. The September 23, 2004 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President William 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 Jr., President Michael J. Beverage, Vice President Paul R. Armstrong Arthur C. Korn John W. Summerfield STAFF PRESENT Michael A. Payne, General Manager Kenneth Vecchiarelli, Assistant GM Arthur G. Kidman, District General Counsel Beverly Meza, Business Manager Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Amelia Cloonan, Administrative Secretary VISITORS PRESENT Brett Barbre, MWDOC President Mark Schwing, Resident Brett Barbre, MWDOC President, reported the Irvine Ranch Water District has purchased a large farm in the semi-tropic district) as a way of obtaining water. Mr. Barbre also acknowledged that President Mills was recognized by his peers for his involvement with GWRS. SPECIAL RECOGNITION AND PRESENTATIONS None CONSENT CALENDAR (Items 1 through 6) On a motion by Vice President Beverage, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve Consent Calendar items 3 and 5. 3. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,692,386.20. 5. Emergency Replacement of the Bastanchury Road Water Transmission Pipeline - Job No. 200408. Recommendation: Approve Progress Payment No. 1 to Miramontes Construction Company Inc. for the construction of the Bastanchury Road Water Transmission Main Emergency Replacement in the amount of $217,619.10. ACTION CALENDAR 1. Minutes of the Regular Board of Directors meeting held September 9, 2004. Recommendation: Approve minutes. -1- 2004-136 2. Minutes of the Adjourned Board of Directors meeting held September 16, 2004. Recommendation: Approve minutes. Director Summerfield asked that it be noted there was a Building Ad Hoc Committee meeting on September 8 that was not mentioned in either the minutes of September 9 or September 16. On a motion by Director Summerfield, seconded by Vice President Beverage, the Board of Directors voted 5-0 to approve Consent Calendar items 1 and 2 with the notation that a Building Ad Hoc Committee meeting was held on September 8. 4. Quarter Horse Reservoir Expansion - Job No. 0316. Recommendation: Approve Progress Payment No. 10 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion in the amount of $406,071.15. Vice President Beverage announced he would abstain from voting on item 4. On a motion by Director Armstrong, seconded by Director Summerfield, the Board of Directors voted 4-0-1, with Vice President Beverage abstaining, to approve Progress Payment No. 10 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion in the amount of $406,071.15. Approve Progress Payment No. 10 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion in the amount of $406,071.15. 6. Damage Claim filed by Chris and Autumn Ediss, 17282 Minden Drive, Yorba Linda Recommendation: Reject and refer the claim to ACWA/Joint Powers Insurance Authority. Director Summerfield noted that on page two of the agenda report, it was stated this matter was not reviewed by the Personnel-Risk Management Committee. In fact the item was reviewed by the committee, which recommend it be rejected and referred to ACWA/JPIA. On a motion by Director Summerfield, seconded by President Mills, the Board of Directors voted 5-0 to reject and refer the claim of Chris and Autumn Ediss, 17282 Minden Drive, Yorba Linda, to ACWA/Joint Powers Insurance Authority. 7. Investment Report for Quarter Ending June 30, 2004. Beverly Meza, Business Manager, presented the report. On a motion by Vice President Beverage, seconded by Director Summerfield, the Board of Directors voted 5-0 to receive and file the investment report for quarter ending June 30, 2004. 8. Biennial Review of YLWD Conflict of Interest Code. Michael Payne, General Manager, presented the report. President Mills reported this items was brought to the Executive-Administration- Organizational Committee meeting on Septembef 22. The committee recommended it be approved. The only changes were title changes. -2- 2004-137 On a motion by President Mills, seconded by Vice President Beverage, the Board of Directors, on a roll call vote, with Directors Armstrong, Korn and Summerfield, President Mills and Vice President Beverage voting Yes, adopted Resolution 04-05 Adopting a Conflict of Interest Code and Appendix A Designated Positions and Disclosure Categories and Rescind Resolution No. 98-13. 9. Pulte Steel Water Tank. Kenneth Vecchiarelli, Assistant General Manager, presented the report. On a motion by Director Armstrong, seconded by Vice President Beverage, the Board of Directors voted 5-0 to authorize the General Manager to execute a bill of sale and approve payment to Pulte Homes in the amount of $57,000 for dismantling and transportation of their 725,000 gallon temporary water tank and inlet/outlet piping to the District's Richfield Plant. 10. Reschedule Board of Directors meetings in November. Michael Payne, General Manager, presented the report. Director Summerfield noted he will need to leave the meeting of November 9 early. On a motion by Director Armstrong, seconded by Vice President Beverage, the Board of Directors voted 5-0 to reschedule the first Board meeting in November to Tuesday, November 9 and the second Board meeting to Tuesday, November 23. Brett Barbre left the meeting at 8:47 a.m. INFORMATIONAL REPORTS 11. a. President's Report President Mills received an invitation to submit recommendations to the Water Education Foundation for the Water Leaders Class 2005. He gave an outline of the program and stated he wished to submit General Manager Payne's name to participate in this program. The Board of Directors concurred. b. Directors Reports Director Summerfield reported the Building Ad Hoc Committee meeting was held September 8 to discuss where the footprint of the building would be. He outlined the discussion. It was decided to recommend siting a single story building on Miraloma with room for expansion. This recommendation went to the full Board on September 16. c. General Manager's Report General Manager Payne thanked Assistant General Manager Vecchiarelli and the entire District staff for running the operation while he was away on vacation. Assistant General Manager Vecchiarelli reported on the shutdown at Highland on September 22, the second shutdown of the booster station this year. The purpose was to accomplish improvements on the discharge side of the station. The 20" diameter will be increased to 30". Assistancb was elicited from the City of Brea. In addition, the District's valve crew replaced a non-operating valve -3- 2004-138 during the shutdown. Seven residences were out of water initially but were back up mid morning. Dan Payne, McCormick, Kidman & Behrens, entered the meeting at 9:05 a.m. d. General Counsel's Report General Counsel Kidman reported on SB1096 (the bill that implemented local government tax shift) and AB 2115, which clarifies some items in the Revenue Taxation Code. The shift is supposed to be for two years. After two years, tax revenue should be returned to its present state. The pledge has to be sole source. In order to implement the particular term "sole", they are sending out new certification forms to deem whether any of the District's property tax has been pledged as sole source. October 25 is the deadline for the Department of Finance to be notified how much tax will be shifted by each agency in the state. The Director of Finance notifies the counties by November 12. COMMITTEE REPORT 12. a. Executive-Administrative-Organizational Committee (Mills/Beverage) Summary minutes of meeting held September 22 will appear in the October 14 Agenda. President Mills reported the committee considered the Conflict of Interest Code, reviewed agenda formats and consultants' expenses. b. Finance-Accounting Committee (Korn/Summerfield) The meeting with the auditors scheduled for September 28 was rescheduled for October 21, 4:00 p.m. The regularly scheduled meeting of October 12, 4:00 p.m., will be held. c. Personnel-Risk Management Committee (Summerfield/Mills) Meeting scheduled for September 24, 3:30 p.m. d. Planning-Engineering-Operations Committee (Beverage/Armstrong) The meeting scheduled for October 13, 4:00 p.m., will be held on October 6, 4:00 p.m. e. Public Information Committee (Armstrong/Korn) Summary minutes of meeting held September 7, 2004 were included in the agenda. Director Armstrong mentioned the District Tour is scheduled for September 25. Meeting scheduled for October 5, 2004, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Meeting scheduled for October 13, 3:00 p.m. Michael Robinson left the meeting at 9:22 a.m. -4- 2004-139 INTERGOVERNMENTAL MEETINGS 13. a. Yorba Linda Planning Commission, September 14. No one attended. b. MWDOC Board, September 15 (Staff) General Manager Payne attended. There was nothing to report. c. OCWD Board, September 15 (Staff) General Manager Payne attended. There was nothing to report. d. Yorba Linda City Council, September 21. No one attended. BOARD OF DIRECTORS ACTIVITY CALENDAR September Personnel-Risk Management Committee, September 24, 23:30 p.m. Summerfield & Mills MWDOC Ad Hoc Committee Meeting, September 27, 4:00 p.m. Mills & Korn Yorba Linda Planning Commission, September 29, 6:30 pm Mills ISDOC Membership, September 30,11:30 am Mills & Payne October WACO, October 1, 7:30 am OCWD Ad Hoc Committee, October 4, 4:00 p.m. ISDOC Board, October 5, 7:30 am Public Information Committee, October 5, 4:00 p.m. Yorba Linda City Council, October 5, 6:30 pm Planning-Engineering-Operations Committee, October 6, 4:00 p.m. OCWD Board, October 6, 5:00 p.m. Finance-Accounting Committee, October 12, 4:00 p.m. Building Ad Hoc Committee, October 13, 4:00 p.m. Yorba Linda Planning Commission, October 13, 6:30 pm Personnel-Risk Management Committee, October 18, 4:00 p.m. Executive-Administrative-Organizational Com. October 19, 4:00 p.m Yorba Linda City Council, October 19, 6:30 pm MWDOC Board, October 20, 8:30 a.m. OCWD Board, October 20, 5:00 p.m. Finance-Accounting Committee, October 21, 4:00 p.m. Yorba Linda Planning Commission, October 27, 6:30 pm CONFERENCES AND SEMINARS Mills/Beverage Armstrong & Korn Summerfield Beverage & Armstrong Staff Korn & Summerfield Beverage/Summerfield Korn Summerfield & Mills Mills & Beverage Armstrong Staff Staff Korn & Summerfield Mills 14. On a motion by Director Armstrong, seconded by Vice President Beverage, the Board of Directors voted 5-0 to authorize such staff members of District as approved by the General Manager to attend the following conferences and seminars. -5- 2004-140 a. 2004 CA-NV-AWWA (American Water Works Association) Annual Fall Conference, October 11-15. General Manager Payne stated staff usually attends this conference. A recess was declared at 9:27 a.m. The Board of Directors reconvened in Closed Session at 6:33 a.m. All Directors were present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli, General Counsel Kidman and Dan Payne of McCormick, Kidman & Behrens. ADJOURN TO CLOSED SESSION 15. The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 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. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 10:22 a.m. CLOSED SESSION REPORT There was no Closed Session report. ADJOURNMENT The Board of Directors adjourned at 10:23 a.m. to a Regular meeting of the Board of Directors scheduled for Thursday, October 14, 2004 at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive. Nlic-Fiael A. Payne Secretary/General Ma -6-