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HomeMy WebLinkAbout2003-09-11 - Board of Directors Meeting Minutes2003-77 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING September 11, 2003 8:30 A.M. The September 11, 2003 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President John W. Summerfield at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors Present at Roll Call John W. Summerfield, President William R. Mills, Vice President Paul R. Armstrong Michael J. Beverage Arthur C. Korn Staff Present: William J. Robertson, General Manager Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Amelia Cloonan, Administrative Secretary Visitors present: John Kennedy, Assistant General Manager, Orange County Water District CONSENT CALENDAR On a motion by Director Beverage, seconded by Director Korn, the Board of Directors voted 5-0 to approve the Consent Calendar. Approve minutes of regular meeting, August 28, 2003. 2. Authorize directors to leave the State of California prior to next meeting. 3. Approve disbursements of $394,819.24. 4. Approve Proposed Terms and Conditions for Water and Sewer Service with the Olson Company, Job No. 0318. Approve Proposed Terms and Conditions for Water Service with Steve Dunbar, Job No. 0319. There was a question with respect to the asbestos cement water mains referred to in the agenda report for item 4. Kenneth Vecchiarelli, Engineering Manager, reported that some of the lines are left in place. If the lines are cut up, they must be removed. Arthur G. Kidman, District General Counsel, entered the meeting at 8:35 a.m. -1- 2003-78 ACTION CALENDAR President Summerfield and Director Beverage declared a conflict of interest and excused themselves from the meeting during discussion and voting on item 6. 6. Consider Quarter Horse Reservoir Expansion. Kenneth Vecchiarelli, Engineering Manager, presented the report and stated legal counsel has been very actively involved in the process. General Counsel Kidman said there are two main legal issues that surfaced. The first issue involves the form of the Yorba Linda Water District's consultant's agreement, which needs to be updated. The second issue is changes Parsons wants in the agreement relating to liability. General Counsel Kidman stated these issues were raised mid-day on Wednesday, leaving no time to settle them, so the recommendation is amended to approve the consultant subject to review by General Counsel and the General Manager. General Counsel reported the developer will control the bidding process for the reservoir expansion project, so it will not follow the normal competitive bid process but will instead utilize prices in the competitive process through which Schuler Company was awarded the initial construction project. The contractor has already agreed to prevailing wage issues. On a motion by Director Korn, seconded by Director Armstrong, the Board of Directors voted 3-0- 2, with President Summerfield and Director Beverage excused, to authorize the General Manager to execute a Consultants Agreement with Parsons Corporation for design, construction administration and inspection services for the expansion of the Quarter Horse Reservoir, Job No. 0316 subject to review and approval of form by General Counsel and the General Manager. President Summerfield and Director Beverage reentered the meeting at 9:07 a.m. 7. Consider Well No. 19 Status Report. William J. Robertson, General Manager, presented the report. Mr. Robertson pointed out three significant deal points. First, the District has a problem with its energy costs being significantly different than those of other potential participants. Second, the District would like assurance the initial deliveries are in-lieu instead of direct injection in the basin. Third is annexation of the District's remaining land into OCWD. The current agreement does not adequately address the first two issues. The annexation issue covers too many policy issues to be written into this agreement. John Kennedy, Assistant General Manager, OCWD, addressed the Board. He reported the initial deliveries in lieu is under consideration, but the language is not yet prepared. The energy cost issues are more problematic because they involve MWD. OCWD will work on this aspect of the contract and try to present language for the District to review during the week of September 15. The Board concurred with the staff that in-lieu deliveries and full recovery of energy costs are vital to the District's participation in the program. William J. Robertson suggested approval in concept with inclusion of the two deal points and subject to General Counsel's input. On a motion by Director Armstrong, seconded by Vice President Mills, the Board of Directors voted 4-1, with Director Korn voting No, to continue pursuing the long-term storage concept with the direction given to staff today. John Kennedy left the meeting at 9:26 a.m. -2- 2003-79 Consider accepting the Investment Report for quarter ending June 30, 2003. Beverly Meza, Business Manager, presented the report. A question was asked about LAIF funds. On a motion by Director Armstrong, seconded by Director Korn, the Board of Directors voted 5-0 to receive and file the Investment Portfolio Report for the quarter ending June 30, 2003. 9. Consider ACWA Committee appointment nominees for 2004-05 term. William J. Robertson, General Manager, presented the report. Vice President Mills expressed an interest in nomination to the Groundwater Committee. On a motion by Director Korn, seconded by Director Beverage, the Board of Directors voted 5-0 to appoint Arthur G. Kidman, Esq., to the ACWA State Legislative Committee and Legal Affairs Committee and nominate Vice President Mills to the ACWA Groundwater Committee. 10. Consider Proposition 53 Information Packets. William J. Robertson, General Manager, presented the report. Questions were asked, and a discussion was held. On a motion by Director Armstrong, seconded by Director Korn, the Board of Directors voted 5-0 to table this item. GENERAL MANAGER'S REPORT 11. General Manager's oral report and comments. a) General Counsel Kidman had nothing to report. b) District activities. 1) William J. Robertson, General Manager, announced his retirement effective December 19, 2003. 2) Michael Robinson, Assistant Administrator, reported plans for the District's hosting of the Yorba Linda Chamber at the Richfield Plant on September 18 from 5:30 to 7:30 p.m. are progressing. In the absence of President Summerfield, perhaps Vice President Mills or another member of the Board will step forward to make a presentation. Any Director wishing to attend should notify staff. 3) Michael Robinson reported the District will participate in Placentia's Heritage Day Parade on October 11. 4) Michael Robinson reported the Yorba Linda Fiesta Days street fair will take place on October 25 at the community center. The District will man an information booth. There will be no parade this year. 5) William J. Robertson noted the bond closing was held this week. The holding bank is actually holding all the monies. The bank will account for interest. A recess was declared at 9:42 a.m. Michael Robinson left the meeting. The Board reconvened at 9:48 a.m. with all Directors present. COMMITTEE REPORTS 12. Executive-Administration Committee (Summerfield/Mills) A meeting is scheduled for September 16 at 4:00 p.m. 13. Finance-Accounting Committee (Kom/Beverage) A meeting is scheduled for Wednesday, September 17, 9:00 a.m. Water rates, Developers Fees and Customer Service Fees -3- 2003-80 14. Personnel-Risk Management Committee (Summerfield/Korn) 15. Planning-Engineering-Operations Committee (Armstrong/Mills) There was a discussion about the need for a PEO Committee meeting to discuss comments in the letter submitted by Thomas Tonelli, International Custom Enterprises. William Robertson, General Manager said staff will agendize the matter for review at the next board meeting. A copy of the staff report will be sent to Mr. Tonelli. 16. Public Information Committee (Beverage/Armstrong) A meeting is scheduled for Thursday, September 18, 9:00 a.m. Annual Report 17. Orange County Water District Ad Hoc Committee (Summerfield/Beverage) A meeting is scheduled for September 15, 4:00 p.m. 18. MWDOC Ad Hoc Committee (Summerfield/Kom) Director Korn reported the content of the meeting held September 8, 4:00 p.m. involved what is happening with the Met system. INTERGOVERNMENTAL MEETINGS 19. Yorba Linda City Council, September 2, 6:30 p.m. There was no meeting. 20. Yorba Linda Planning Commission, September 10, 7:30 p.m. No one attended. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after September 11, 2003. Agenda is available in the District office prior to meeting. Yorba Linda City Council, September 16, 6:30 p.m. MWDOC, September 17,9:00 a.m. OCWD, September 17, 6:00 p.m. Yorba Linda Planning Commission, September 24, 7:30 p.m. MWDOC/Met A. Workshop, October 1, 8:30 a.m. OCWD, October 1, 6:00 p.m. WACO, October 3, 7:30 a.m. ISDOC Board, October 7, 7:30 a.m. Yorba Linda City Council, October 7, 6:30 p.m. Yorba Linda Planning Commission, October 8, 7:30 p.m. MWDOC, October 15, 9:00 a.m. OCWD, October 15, 6:00 p.m. Yorba Linda City Council, October 21, 6:30 p.m. Yorba Linda Planning Commission, October 22, 7:30 p.m. ISDOC Membership, October 30,11:30 a.m. Armstrong Korn Mills Beverage Armstrong Korn BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Vice President Mills recommended the groundwater tour presented by the Water Education Foundation. The tour takes place every year. William Robertson reported Barry Brokaw of Sacramento Advocates spoke to Chris in Lynne Daucher's office regarding the article in the Los Angeles Times about the District's Waterlines article. No Closed Session was held. -4- 2003-81 CLOSED SESSION 21. Discussion of pending litigation to which the District is a parry, (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, before the Superior Court of the State of California. ADJOURNMENT On a motion by Director Beverage, seconded by Director Korn, the Board of Directors voted 5-0 to adjourn at 10:12 a.m. The next regular meeting of the Board is scheduled for Thursday, September 25, 2003 at 8:30 a.m., at the District He~jq ers. William J:`Robertson ' Secretary/General Manager -5- 2003-82