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HomeMy WebLinkAbout2003-11-13 - Board of Directors Meeting Minutes2003-99 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING November 13, 2003 8:30 A.M. The November 13, 2003 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 Arthur G. Kidman, District General Counsel Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Payne, Assistant General Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Amelia Cloonan, Administrative Secretary Ray Hahn, Engineering Consultant Jose De LaTorre, Meter Reader II Mike Kiddie, Senior Mechanic Scott Coffman, Maintenance Worker I Mark Johason, Maintenance Worker I Daniel Ornelas, Maintenance Worker I Visitors present: Shawn Fife and Tina Javid, the Gas Company SPECIAL RECOGNITION 1. William Robertson, General Manager, introduced Jose De La Torre, Meter Reader II, and recognized him for five years service to the Yorba Linda Water District. 2. William Robertson, General Manager, introduced Mike Kiddie, Senior Mechanic, and recognized him for 15 years service to the Yorba Linda Water District. 3. Lee Cory, Operations Manager, introduced new employees, Scott Coffinan, Mark Johason, and Daniel Ornelas, Maintenance Worker I. Jose De La Torre, Mike Kiddie, Scott Coffinan, Mark Johason and Daniel Ornelas left the meeting at 8:35 a.m. -1- 2003-100 4. Kenneth Vecchiarelli, Engineering Manager, introduced Gas Company representatives Mr. Shawn Fife and Ms. Tina Javid who presented an Energy Savings Incentive check in the amount of $24,500 to the District for participating in the Demand-Side Management Program. Mr. Vecchiarelli also recognized Ray Hahn, Engineering Department Consultant, for his role in pulling together the information that allowed the District to qualify for the incentive check. Shawn Fife, Tina Javid and Ray Hahn left the meeting at 8:40 a.m. CONSENT CALENDAR Director Armstrong requested Consent Calendar item 8 be pulled for discussion. On a motion by Director Beverage, seconded by Vice President Mills, the Board of Directors voted 5-0 to approve Consent Calendar items 5, 6, 7, 9 and 10. 5. Approve minutes of regular meeting October 23, 2003. 6. Authorize directors to leave the State of California prior to next meeting. 7. Approve disbursements of $1,605,757.37. 9. Approve authorizing the President and Secretary to execute the Quitclaim Deed to abandon two existing easements on the Yorba Linda Friends Church property. 10. Approve Change Order No. 1 in the amount of $52,447.99 and 15 additional days and approve Progress Payment No. 5, in the net amount of $266,125.11, to Pascal and Ludwig Constructors for construction of Well No. 15 and Well No. 18 Improvements, and the Richfield Plant On-Site Sodium Hypochlorite Generation and Disinfection System Projects, Job Nos. 200209, 200104 and 200207 respectively. Approve authorizing the President and Secretary to execute a Declaration of Restrictive Covenants Agreement with Toll Brothers, Inc. Director Armstrong inquired about the topography of the area covered by this Declaration of Restrictive Covenants, because it appeared to be similar to another Declaration recently rejected. Kenneth Vecchiarelli explained the only impact on this easement is transverse to the District's right of way, not parallel, and within the easement. The gate is the only restriction on the access. This is for water service only. There was a discussion about the placement of existing features and what will be added. On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors voted 5-0 to approve authorizing the President and Secretary to execute a Declaration of Restrictive Covenants Agreement with Toll Brothers, Inc. -2- 2003-101 PUBLIC HEARING CALENDAR 11. Consideration of a Resolution to Amend the Rules and Regulations for Water Service and Consideration of Resolutions to Set the Water Development and Customer Service Fees and the Sewer Development Fees for Fiscal Year 2003-04 a. President John W. Summerfield opened the public hearing at 8:45 a.m. b. Secretary William J. Robertson provided proof of public hearing notice, correspondence and/or petitions. c. Testimony beginning with a report by William J. Robertson, General Manager, who stated the attached agenda report detailed fees and how staff arrived at them. One piece of information not included was indirect labor charge for water at 188% and for sewers at 137%. There were questions and discussion about how closely the last forecast was matched, about whether the detail that goes into each fee had been published before, the definition of Area 1 and Area 2 under sewer development fees, temporary meter service fees, whether additional fees are covered in this for developments over 51 homes, customer service fees before and after 1960. d. There was no testimony from the public. e. President John W. Summerfield closed the public hearing at 8:59 a.m. f. Discussion. g. Vice President Mills moved the staff report, and Director Beverage seconded the motion. On a Roll Call vote, the Board of Directors voted 5-0 with Directors Armstrong, Beverage, Korn, Vice President Mills and President Summerfield voting Yes to: 1) Accept the Water and Sewer Development and Customer Service Fee Report for Fiscal Year 2003-04. 2) Adopt Resolution No. 03-13 "Adopting Water Development and Customer Service Fees and Rescinding Resolution No. 00-13". 3) Adopt Resolution No. 03-14 "Adopting Sewer Development Fees and Rescinding Resolution No. 00-14". ACTION CALENDAR 12. Consider Amendment of the District's contract with Ca1PERS to provide "Fourth Level of 1959 Survivor Benefits" to employees. Michael Robinson, Assistant Administrator, presented the report. This item was considered by the Board at the meeting of October 9 when the Board adopted the resolution of intent. Ca1PERS requires approval of a final resolution and a final contract. On a motion by Director Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 on a Roll Call vote, with Directors Armstrong, Beverage, Korn, Vice President Mills and President Summerfield voting Yes, to authorize the President and Secretary to execute the Ca1PERS-required Agreement to pool 1959 Survivor Benefits assets and liabilities between the Board of Administration of CaIPERS and Yorba Linda Water District, and to adopt Resolution 03-15 authorizing the amendment to the contract between CalPERS and Yorba Linda Water District to provide Section 21574 Fourth Level of 1959 Survivor Benefits for all permanent employees, and authorize the President to sign the Amendment to Contract and the Secretary to sign the Certification of Final Action of Governing Body. -3- 2003-102 Michael Robinson left the meeting at 9:04 a.m. 13. Consider Acceptance of the Investment Report for quarter ending September 30, 2003. Beverly Meza, Business Manager, presented the report. Questions were asked about quarterly and monthly reports and when Directors are required to see these reports. A question was also asked about investments in CD's. Ms. Meza explained why there is money temporarily invested in CD's pending reinvestment in the Orange County Investment Pool. 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 September 30, 2003. 14. Consider Acceptance of the Financial Statements for two months ended August 31, 2003. Beverly Meza, Business Manager, presented the report. The auditors will be at the next Board meeting. On a motion by Vice President Mills, seconded by Director Armstrong, the Board of Directors voted 5-0 to accept the Financial Reports for two months ended August 31, 2003. 15. Consider Acceptance of the Financial Statements for three months ended September 30, 2003. Beverly Meza, Business Manager, presented the report. On a motion by Vice President Mills, seconded by Director Beverage, the Board of Directors voted 5-0 to accept the Financial Reports for three months ended September 30, 2003. Director Armstrong asked if he should excuse himself from the meeting during discussion of item 16 as he is a member of the Board of the Yorba Linda Historical Group. General Counsel Kidman said no, because it is not a source of income to him. 16. Consider Letter of Endorsement for the Susanna Bixby Bryant Museum Grant Application. William J. Robertson, General Manager, outlined the background of the grant application filing. Director Armstrong commented about a structure on the property, the landscaping, watering and California native plants. On a motion by Vice President Mills, seconded by Director Beverage, the Board of Directors voted 5-0 to authorize a letter endorsing the City of Yorba Linda's Community Partnership Program grant application to the Metropolitan Water District. -4- 2003-103 GENERAL MANAGER'S REPORT 17. General Manager's oral report and comments. a) General Counsel Kidman mentioned an expose feature the Sacramento Bee is running that deals with water district directors fees and expense reimbursement. In some organizations, directors have used poor judgment in billing the public. He cited some examples and expressed the opinion that the Yorba Linda Water District has stringent controls. Beverly Meza left the meeting at 9:24 a.m. b) Colorado River Water Users Association 2003 Annual Meeting, December 10-12, Las Vegas, Nevada. President Summerfield and Director Beverage indicated they would attend with arrival at the meeting on the 10th and return on the 12tH c) Sewer meeting Linda Vista School. Kenneth Vecchiarelli, Engineering Manager, reported staff is proposing to schedule another public information meeting will be planned to gather feedback about a future sewer project in the area. d) District activities. There was no report. A recess was declared at 9:33 a.m. The Board reconvened at 9:42 a.m. with all Directors present. COMMITTEE REPORTS 18. Executive-Administration Committee (Summerfield/Mills) A meeting was scheduled for November 24, 4:00 p.m. Board of Directors reorganization. 19. Finance-Accounting Committee (Kom/Beverage) A meeting was scheduled for November 19, 9:00 a.m. 20. Personnel-Risk Management Committee (Summerfield/Korn) A meeting was scheduled for November 17, 8:30 a.m. 21. Planning-Engineering-Operations Committee (Armstrong/Mills) A meeting was scheduled for November 18, 3:00 p.m. Water Master Plan update, Highland Reservoir replacement, administration building at Richfield Plant. 22. Public Information Committee (Beverage/Armstrong) 23. Orange County Water District Ad Hoc Committee (Summerfield/Beverage) A meeting was scheduled for January 12, 2004, 4:00 p.m. -5- 2003-104 24. MWDOC Ad Hoe Committee (Summerfield/Korn) A meeting was scheduled for January 19, 2004, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 25. Yorba Linda Planning Commission, October 29, 7:30 p.m. No one attended. 26. Yorba Linda City Council, November 4, 6:30 p.m. Vice President Mills attended. Primary topic of interest was the refinancing of the Black Gold Country Club bonds. 27. WACO, November 7,7:30 a.m. Vice President Mills attended. Assemblywoman Lynn Daucher was at the meeting. There was a presentation on the status of perchlorate, which interferes with the body's ability to intake iodine. Steve Hall, Director of ACWA, gave a presentation. Another presentor was Greg Zoltnic, Director of Santa Clara Water District, who is running for ACWA Vice Chair. 28. Yorba Linda Planning Commission, November 12, 7:30 p.m. No one attended. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after November 13, 2003. Agenda is available in the District office prior to meeting. Yorba Linda City Council, November 18, 6:30 p.m. MWDOC, November 19,9:00 a.m. OCWD, November 19,6:00 p.m. Yorba Linda Planning Commission, November 26, 7:30 p.m. IDOC Board, December 2, 7:30 a.m. Yorba Linda City Council, December 2, 6:30 p.m. MWDOC/MWD R Workshop, December 3, 8:30 a.m. OCWD, December 3, 6:00 p.m. WACO, December 12,7:30 a.m. Yorba Linda Planning Commission, December 10, 7:30 p.m. Yorba Linda City Council, December 16, 6:30 p.m. MWDOC, December 17,9:00 a.m. OCWD, December 17, 6:00 p.m. BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CON Director Armstrong will be unable to attend the Board meeting on N Armstrong Korn Mills Mills Korn Armstrong 25. N Vice President Mills will be unable to attend the special Board meeting on November 20. -6- 2003-105 Vice President Mills asked about the issue of voting to elect officers at the ACWA Convention. He asked to put this on the next Board agenda. General Counsel Kidman commented that if the idea is the President appointing a member to vote his own conscience or the consensus of the Board, it would not require going on the agenda. If the Board is instructing a director to take an official position, then it needs to go on the agenda, and since there is time before the next meeting of the Board, then it is not an emergency and can go on the next agenda. President Summerfield stated that it is OK with him that Vice President Mills votes his own conscience. President Summerfield requested the Board members remain for a few minutes after the meeting. The Board of Directors went into Closed Session at 10:16 a.m. All Board members were present. William J. Robertson, Michael A. Payne, Kenneth Vecchiarelli and General Counsel Arthur G. Kidman were also present. CLOSED SESSION 29. Discussion of pending litigation to which the District is a party, (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. 30. Discussion of potential litigation to which the District may be a party, (Subsection (c) of Section 54954.2 and Subsection (b) of Section 54956.9, International Custom Enterprises. The Board of Directors came out of Closed Session at 11:08 a.m. No action was taken by the Board in Closed Session. ADJOURNMENT On a motion by Director Armstrong, seconded by Director Korn, the Board of Directors voted 5- 0 to adjourn at 11:09 a.m. The Board of Directors of the Yorba Linda Water District adjourned to a closed session scheduled for Thursday, November 20, 2003 at 8:30 a.m. at the Richfield Plant. The next regular meeting of the Board is scheduled for Tuesday, November 25, 2003 at 8:30 a.m., at the stric Headquarters. Secretary -7- 2003-106