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HomeMy WebLinkAbout2007-04-12 - Board of Directors Meeting Minutes2007-59 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING April 12, 2007 The April 12, 2007 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Ric Collett at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL Ric Collett, President John W. Summerfield, Vice President Paul R. Armstrong Michael J. Beverage William R. Mills STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, General Counsel Lee Cory, Operations Manager Diane Cyganik, Finance Director Scott Moulton, Senior Project Engineer John De Criscio, Chief Plant Operator Hank Samaripa, Project Engineer Diane Dalton, Sr. Dist. Maint. Operator Amelia Cloonan, Executive Secretary INTRODUCTION OF VISITORS AND PUBLIC COMMENTS Keith Khorey, Wells Capital Management SPECIAL RECOGNITION Operations Manager Cory introduced Diane J. Dalton, Sr. Dist. Maint. Operator, who was recognized for completing the JPIA Professional Development Program. Diane Dalton left the meeting at 8:34 a.m. At the request of General Manager Payne, Item 4 of the Consent Calendar was moved to the Action Calendar. CONSENT CALENDAR (Items 1 through 9) On a motion by Director Mills, seconded by Director Beverage, the Board of Directors voted 5-0 to approve the Consent Calendar. Minutes of the Regular Board of Directors meeting held March 15, 2007. Recommendation: Approve the minutes as presented. 2. Minutes of the Regular Board of Directors meeting held March 22, 2007. Recommendation: Approve the minutes as presented. 3. Minutes of the Special Board of Directors meeting held March 29, 2007. Recommendation: Approve the minutes as presented. -1- 2007-60 5. Consider Supporting Assembly Bill (AB 1260 - Caballero) Recommendation: Direct the General Manager to send a letter in support of AB 1260 - Caballero to our legislative representatives. 6. Consider supporting the Municipal Water District of Orange County - Step II Grant Applications for: 1) the Hotel Water Use Reduction Program; and 2) the Multi- Stream, Multi-Trajectory Rotating Nozzles for Landscape Irrigation Implementation Project. Recommendation: Direct the General Manager to send a letter in support of the Municipal Water District of Orange County grant applications. 7. Approve Progress Payment for Construction of the Lakeview Booster Pump Station. Recommendation: That the Board of Directors approve Progress Payment No. 11 in the net amount of $337,698.40 to Schuler Engineering Corporation for construction of the Lakeview Booster Station, Job No. 200505. 8. Consider Construction of Lakeview Reservoir Storm Drain Structures. Recommendation: That the Board of Directors approve Progress Payment No. 2 in the net amount of $20,349.09 to Paulus Engineering, Inc. for construction of Lakeview Reservoir Storm Drain Structures, a contract under Project No. 200505. 9. Consider Construction of the New District Administration Building. Recommendation: That the Board of Directors approve Progress Payment No. 1 in the net amount of $169,898.61 to Grant General Contractors for construction of the New Administration Building, Job No. 200313. Discussion Item 15 was moved to this point in the agenda to accommodate the schedule of Keith Khorey, Wells Capital Management. DISCUSSION ITEM 15. Wells Capital Investment report for the third quarter of fiscal year 2006/07. Recommendation: This report is for information only. No action is required. Keith Khorey recapped and expanded on the report presented in the agenda. He spoke about rates and investments, actions by the Fed, inflation, CD yields, investment outlook and the upcoming elections. Keith Khorey left the meeting at 8:53 a.m. -2- 2007-61 ACTION CALENDAR 11. Consider Resolution of Support for the Municipal Water District's of Orange County Current Governance Structure. General Manager Payne presented the report. A number of South County issues have been raised criticizing MWDOC during many Municipal Services Review meetings with LAFCO. The majority of other agencies support MWDOC, and MWDOC and its Board have committed to work closely with the agencies. The District supports MWDOC and recommends adopting the resolution. Director Mills asked what the chief objections are by the South County agencies. General Manager Payne replied they believe the rates are not fair, and Tierl/Tier 2 should be modified. General Counsel Kidman added that some of MWDOC's policies are perceived as being advantaged to the agencies with access to the groundwater basin. On a motion by Director Mills, seconded by Director Armstrong, the Board of Directors voted 5-0, on a Roll Call Vote, to adopt Resolution No. 07-07; A Resolution of the Board of Directors of the Yorba Linda Water District Supporting the Municipal Water District's of Orange County Current Governance Structure. 12. Consider Investment Report for Quarter ending December 31, 2006. Finance Director Cyganik presented the report and recapped the items contained therein. There was some discussion about investments in the Orange County pool. On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors voted 5-0 to receive and file the investment report for the quarter ending December 31, 2006. 13. Consider Declaration of Restrictive Covenants with Mr. and Mrs. Trieu Hoang, 18835 Seabiscuit Run, Yorba Linda. Senior Project Engineer Scott Moulton presented the report. The homeowner built a pool and installed landscaping over a District easement. Cutting the District's easement back does not work. With a Declaration of Restrictive Covenants, the homeowner is liable for expenses. General Counsel Kidman commented that over the years the Declaration of Restrictive Covenants has been used in a lot of different situations, and easement encroachments are normally handled using this form. However, this encroachment poses some risk, so the agreement was adapted to this particular case and will follow the deed for the property. General Counsel Kidman believes the language includes the block wall. Item 5 is entitled "damage to improvements", which includes the block wall. Director Mills stated this was considered by the PEO committee, and the committee recommends approval. On a motion by Director Mills, seconded by Director Armstrong, the Board of Directors voted 5-0 to authorize the President and Secretary to execute a Declaration of Restrictive Covenants with Mr. and Mrs. Trieu Hoang, owners of 18835 Seabiscuit Run, Yorba Linda. -3- 2007-62 14. Consider Capital Reimbursement from Shapell Industries to Pulte Home Corporation. General Counsel Kidman explained that if a director is disqualified from voting on an item, the law requires the director to leave the meeting, not to simply abstain from voting on the item. Director Beverage recused himself from the meeting during discussion of this item because of an economic interest. General Manager Payne presented the report. President Collett commented this item is being approved after the billboard was approved. On a motion by Director Mills, seconded by Director Armstrong, the Board of Directors voted 4-0-1, with Director Beverage absent, to approve a pass through reimbursement of $2,135,795.48 from Shapell Industries for their share of costs to Pulte Home Corporation for major water capital facilities constructed by Pulte under their respective Pre-Annexation Agreements and Facility Finance, Design and Construction Agreements. Director Beverage rejoined the meeting. On a motion by Director Mills, seconded by Vice President Summen`ield, the Board of Directors voted 5-0 to remove Item 4 from the Consent Calendar. 4. Payment of bills, refunds, and wire transfers. General Manager Payne reported check number 46366 in the amount of $2,890,985.03 was to be removed from the approved list. A check in the revised amount will be presented on the Board Agenda at the April 26 Board meeting. Recommendation. Ratify and authorize disbursements in the amount of $4,320,631.71. On a motion by Vice President Summerfield, seconded by Director Mills, the Board of Directors voted 5-0 to Approve Item 4 as amended with respect to the check number 46366. DISCUSSION ITEMS 16. Hydrogeologic Investigation and Groundwater Well Siting Study. This item was continued to the Board meeting scheduled for May 10. 17. Value Engineering Analysis for Highland Reservoir Replacement Project. This item was continued to the Board meeting scheduled for May 10 -4- 2007-63 18. Report on the Metropolitan Water District of Southern California Robert B. Diemer Filtration Plant 7 day shutdown - March 25-March 31. Recommendation: This report is for information only. No action required. Chief Plant Operator De Criscio presented a printout prepared at midnight after the shutdown ended. The printout indicated water in storage. President Collett commented on the signs that were put up and the positive responses he received from residents. There was discussion about the shutdown. General Manager Payne said staff will be recognized for their efforts. Vice President Summerfield asked if an article could be printed in the Yorba Linda Star so residents would be informed there really was a crises. With all the information dispensed to the public about the shutdown and water emergency, there was not enough awareness. Costs are still coming in. 19. Status Report on the Terms and Conditions for the Placentia Yorba Linda Unified School District Annexation. Recommendation: This is for information only. No action is required. General Manager Payne reported the District is still waiting to have a meeting set up with the school district. The high school groundbreaking was attended by District Board members and staff. 20. Status Report on YLWD's request to Orange County Water District for the annexation of Districts lands. Recommendation: This- is for information only. No action is required. General Manager Payne stated a meeting was scheduled for two weeks ago. A meeting is now scheduled for April 25 at 4:00 p.m. at Mimi's on 17th at the 55 Freeway. A recess was declared at 9:57 a.m. Lee Cory, Diane Cyganik and John De Criscio left the meeting. The Board of Directors adjourned to closed session at 10:07 a.m. All Directors were present. ADJOURN TO CLOSED SESSION 10. Public Employee Performance Evaluation [Government Code Section 54957] Title: General Manager -5- 2007-64 RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 10:29 a.m. General Manager Payne, General Counsel Kidman and Executive Secretary Cloonan rejoined the meeting. CLOSED SESSION REPORT There was no reportable action taken by the Board. REPORTS, INFORMATION ITEMS AND COMMENTS 21. a. President's Report President Collett reported he attended the PYLUSD high school groundbreaking. b. Directors Reports Director Mills asked about the mention of the Yorba land grants. How did that relate to James Irvine land grants? The response was that those came later. It is General Counsel Kidman's understanding that in 1850 when California became a state, or shortly before that (1847), the treaty of Guadalupe Hidalgo confirmed some Spanish and Mexican land grants that had been made. So, the grants did not become property of the U.S. but were grandfathered. Director Armstrong has had some requests from groups for speakers. General Manager Payne requested he be contacted as Mike Robinson has announced he will retire July 5. Director Beverage signed on to run Wilson's campaign, and asks all to consider helping and being part of the campaign to change Yorba Linda back to the way it should be. c. General Managers Report General Manager Payne will be out of the office next week. d. General Counsel's Report General Counsel Kidman reported on three pieces of legislation. 1) AB 1260 (Caballero) notice requirements under Prop 218. The amended version was in print as of Monday this week. The way it is now printed, there will be opposition from Howard Jarvis. The concerns are issues of statute of limitations and procedures to be used to challenge the rate or service charge. 2) The new Brown Act Bill SB 343 (Negrete McLeod). Information distributed to the Board of Directors at meetings needs to be made available to the public. The realtors want the bill to require the whole staff file to be made available, which includes all papers needed to prepare an agenda item. 3) An amendment to the OCWD Bill AB 928 (Solorio). The bill is not yet amended in a spot bill format. It was supposed to be introduced as a spot bill and then gather consensus as to what would go into it. -6- COMMITTEE REPORTS 22. a. Executive-Administrative-Organizational Committee (Collett/Summerfield) Alternate: Armstrong 2007-65 1) Minutes of the meeting held March 20. President Collett stated the minutes appeared in the agenda. Action items presented included: YLWD's request to OCWD for annexation of District lands and the General Manager's performance evaluation. Standing items included a written report by Barry Brokaw of Sacramento Advocates on legislative activities and a report on staff's meeting with OCSD regarding grant application. Sean Fitzgerald, Townsend Public Affairs, provided an activity report. 2) Next meeting scheduled for April 17, 4:00 p.m. b. Finance-Accounting Committee (Mills/Beverage) Alternate: Summerfield 1) Minutes of the meeting held April 10 will appear in the BOD agenda for April 26. 2) Next meeting scheduled for May 8, 4:00 p.m. President Collett will attend in place of Director Mills. c. Personnel-Risk Management Committee (Summerfield/Armstrong) Alternate: Mills 1) Minutes of the meeting April 9 - meeting Cancelled. 2) Next meeting scheduled for May 14, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Mills) Alternate: Collett 1) Minutes of meeting held April 5 appeared in the agenda. There was discussion about the impacts of increased pumping by YLWD on the groundwater basin. Action items included an update on the Grandview sewer extension project and a report and Declaration of Restrictive Covenants on Seabiscuit Run. Standing items included status reports on: the meter replacement program, monthly water production percentages and capital improvement projects in process. Director Mills thought staff was going to bring back an incentivizing program for Grandview. General Manager Payne said this would come back on May 10. 2) Meeting scheduled for May 3, 4:00 p.m. -7- e. Public Information Committee (Collett/Beverage) Alternate: Armstrong 1) Minutes of meeting held April 6. 2007-66 President Collett reported. The 2006 Annual Report was reviewed and changed back to a four over four all the way through. The direction to staff is that it will be an annual event to be completed in June. Plans for May Water Awareness Month Open House and the groundbreaking for the administration building scheduled for May 5 were discussed. A letter of support for AB 1260 (Caballero) was discussed as was a letter of support for MWDOC grant applications. The Committee also reviewed: the SmarTimer program, the MWDOC school program, press releases, District GIS and District web site. Information items included a report on the seven- day shutdown of MWD's Diemer Plant, the District's submittal for the Claire A. Hill award for excellence, cancellation of the District tour and upcoming District events. 2) Next meeting scheduled for May 1, 4:00 p.m. f. Building Ad Hoc Committee (Summerfield/Beverage) Alternate: Armstrong 1) Minutes of meeting March 29 - meeting Cancelled 2) Next meeting scheduled for April 19, 4:00 p.m. g. MWDOC Ad Hoc Committee (Beverage/Collett) Alternate: Mills 1) Meeting scheduled for April 24, 4:00 p.m. h. City of Placentia Ad Hoc Committee (Beverage/Payne) 1) Minutes of meeting held March 19. Discussion included: YLWD request to annex territory into OCWD, the Municipal Services Review LAFCO completed on YLWD, the District's new Administration Building, Mira Loma and Richfield Road improvements, Water Awareness Month and Groundbreaking ceremony on May 5 and City of Placentia & YLWD Sewer Maintenance Agreement. -8- 2007-67 INTERGOVERNMENTAL MEETINGS 23. a. Yorba Linda City Council, April 3. Director Mills attended. One of the speakers was berating the Council for having closed ad hoc committee meetings. She wanted them open, including meeting with YLWD. President Collett said there are no more standing committees or closed ad hoc committees. Everything will be discussed on the floor. Director Mills reported a review of the city's ethics was passed (to move forward). He understands they finally reached agreement on how to fix the SARI line at $100 million. There was a short discussion regarding ad hoc committees vs standing committees. b. MWDOC/MWD Joint Workshop, April 4. No one attended. c. OCWD Board, April 4. General Manager Payne attended. There was discussion about the Replenishment Assessment (RA) and the Basin Production Percentage (BPP). The RA and BPP will go to the OCWD Board next week on Wednesday for adoption. The RA is currently at $223 per acre foot and the BPP is at 69%. OCWD Staff is recommending an RA of $237/af and a BPP of 74%. There was discussion by YLWD Board members about the BPP. d. Yorba Linda Planning Commission, April 11 (Armstrong) Director Armstrong attended. A discussion item involved fences on slopes along Village Center Drive and possible violations of the set back. The city maintains the slope, but the fences are owned by the property owners. The property line goes out to the curb line. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after April 12, 2007. Agenda is available in the District office prior to meeting. April 2007 Executive-Admin-Or anizational Committee, April 17, 4:00 .m. Collett/Summerfield Yorba Linda City Council, April 17, 6:30 .m. Collett MWDOC Board, April 18, 8:30 a.m. Staff OCWD Board, April 18,5:00 .m. Staff Building Ad Hoc Committee, April 19, 4:00 .m. Summerfield/Beverage MWDOC Ad Hoc Committee, April 24, 4:00 .m. Beverage/Collett Yorba Linda Planning Commission, April 25, 6:30 .m. SummeFfield Armstrong- -9- 2007-68 Mav 2007 Public Information Committee, May 1, 4:00 .m. Collett/Beverage Yorba Linda City Council, May 1, 6:30 .m. Collett MWDOC/MWD Joint Workshop, May 2, 8:30 a.m. Staff OCWD Board, May 2, 5:00 .m. Staff Planning-Engineering-Operations Committee, May 3, 4:00 .m. Armstrong/Mills WACO, May 4, 7:30 a.m. Mills Water Awareness Month and Groundbreaking, May 5 Finance-Accounting Committee, May 8, 4:00 .m. Mills/Beverage Yorba Linda Planning Commission, May 9, 6:30 .m. Armstrong Personnel-Risk Management Committee, May 14, 4:00 .m. Summerfield/Armstron Executive-Admin-Or anizational Committee, May 15, 4:00 .m. Collett/Summerfield Yorba Linda City Council, May 15, 6:30 .m. Mills MWDOC Board, May 16, 8:30 a.m. Staff OCWD Board, May 16, 5:00 .m. Staff Building Ad Hoc Committee, May 17, 4:00 .m. Summerfield/Bevera e Yorba Linda Planning Commission, May 23, 6:30 .m. Summerfield CONFERENCES AND SEMINARS 24. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. a. MWDOC's Water Policy Forum, April 19, 6:00 - 8:30 p.m., Costa Mesa. Water Management in the 21St Century California: What Challenges Must be Addressed and How Will Success Be Measured? Tim Brick, Chairman of the Board, Metropolitan Water District. No Board members are able to attend. General Manager Payne is out of town but will check with staff for possible attendees. b. Mayor's Prayer Breakfast, May 17, 7:00-8:45 a.m., Yorba Linda Community Center, Keynote Speaker: Rick Hicks, Cypress Chief of Police. President Collett and Director Armstrong will attend through other organizations. -10- 2007-69 ADJOURNMENT On a motion by President Collett, seconded of Directors voted 5-0 to adjourn at 11:22 Directors scheduled for Thursday, April 26, Yorba Linda 92886. Michael A. Payne Secretary by Vice President Summerfield, the Board a.m. to a regular meeting of the Board of 2007, at 8:30 a.m., at 4622 Plumosa Drive, -11- 2007-70