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HomeMy WebLinkAbout2005-01-13 - Board of Directors Meeting Minutes2005-01 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING January 13, 2005, 8:30 A.M. The January 13, 2005 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Michael J. Beverage at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL Michael J. Beverage, President Paul R. Armstrong, Vice President Ric Collett William R. Mills John W. Summerfield VISITORS PRESENT Mark Schwing, Resident Brett Barbre, President, MWDOC STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, District General Counsel Kenneth Vecchiarelli, Asst G.M. Beverly Meza, Business Manager Michael Robinson, Assistant Administrator Lee Cory, Operations Manager Amelia Cloonan, Administrative Secretary Diane Dalton, Maintenance Lead Worker CONSENT CALENDAR (Items 1 through 2) On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to approve the Consent Calendar. 1. Minutes of the Regular Board of Directors meeting held December 23, 2004. Recommendation: Approve minutes. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $955,192.12. ACTION CALENDAR 3. Financial Statements for four months of fiscal year 2004-2005 ending October 31, 2004. Beverly Meza, Business Manager, presented the report. On a motion by Director Mills, seconded by Vice President Armstrong, the Board of Directors voted 5-0 to receive and file the Financial Statements for four months of fiscal year 2004-05 ending October 31, 2004. 4. Consider liability damage claim submitted by Thomas E. Covey. General Manager Payne presented the report. The updated dollar amount for this claim is $3,767.99. President Beverage commented this item came directly to the Board of Directors because the Personnel-Risk Management Committee meeting was not held. -1- 2005-02 On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to approve the settlement of a damage claim filed by Thomas E. Covey in an amount not to exceed $3,767.99 subject to receipt of an executed release form. REPORTS, INFORMATION ITEMS AND COMMENTS 5. a. President's Report President Beverage asked MWDOC President Barbre to comment. He stated MWDOC is assessing the advantages of the recent rainfall. He also spoke about Camp Pendleton use, the work to be done at the Diemer Plant with the installation of an ozonation process, the swearing in of Wes Bannister as President of Metropolitan and desalination plant plans. President Beverage hoped everyone had a nice Christmas, New Year's and holidays. b. Directors Reports Director Summerfield visited the California Water News website and read an article wherein it was reported the Water Replenishment District of Southern California voted to not limit the expenses of its board members. The board members have a communication expense allowance of $200-300, which includes computers, cell phones, etc., they do not turn in receipts for anything under $25, and they have monthly car allowances. Director Summerfield also asked how the District is coming along on the contract with Vido Artukovich. General Manager Payne stated this would be taken up in closed session. Director Mills noted there are different types of devices for control of water usage. General Manager Payne asked MWDOC President Barbre if this could be added to the MWDOC Ad Hoc Committee meeting agenda. President Barbre concurred. Director Mills noted the Prado Dam reached maximum storage of 100,000 acre feet. 10,000 cfs were released, and the golf club was under water. He also noted there was a National Science article on new perchlorate levels 23 times higher than what the EPA came up with. General Counsel Kidman commented there are some very obscure conversion factors, and this will have a huge impact on existing litigation. Brett Barbre left the meeting at 9:02 a.m. c. General Managers Report General Manager Payne asked Operations Manager Lee Cory and Maintenance Lead Worker Diane Dalton to report on the sewer spill that took place Sunday, January 9. Lee Cory commented that the volume of water was far in excess of what would be contributed by a sanitary overflow. The line was not big enough to handle the storm water flow. Diane Dalton pointed out the area affected. Assistant General Manager Vecchiarelli outlined planned improvements to the system in that area, which should be completed by March. -2- 2005-03 Both the District and Pulte are funding the improvements. What went into the system was diluted tremendously, which is what the State Health Department and the Regional Water Quality Control Board look at. Diane Dalton left the meeting at 9:19 a.m. d. General Counsel's Report General Counsel Kidman had nothing to report. COMMITTEE REPORTS 6. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) Minutes of meeting held December 21, 2004 were in the agenda. A meeting is scheduled for January 18, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) The meeting scheduled for January 11 was cancelled. Meeting scheduled for February 8. Director Collett requested the meeting be held at 3:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills) The meeting scheduled for January 10 was cancelled. The meeting was rescheduled for January 20, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Minutes of meeting held January 12, will appear in the agenda for the Board meeting to be held January 27, 2005. Director Armstrong reported the development on Lakeview will be affected by the Water Master Plan, bids for the evacuator and the in lieu operations were discussed General Manager Payne noted there was a request to change the PEO committee meeting to the first Monday of each month at 4:00 p.m. The next meeting will be held February 7, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) The meeting scheduled for January 6, 2005 was not held. Meeting scheduled for February 3, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) A meeting will be scheduled for February. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) The meeting scheduled for January 24, 12:00 noon must be held within the District's boundaries. The meeting will be held January 27 at 4:00 p.m. at the District offices, 4622 Plumosa Drive, Yorba Linda. -3- 2005-04 h. OCWD Ad Hoc Committee (Beverage/Mills) Meeting scheduled for January 17, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 7. a. Yorba Linda City Council, January 4 Director Summerfield attended. He reported Vista del Verde opted out of the putting green and has agreed to pay cash instead. An amendment to the FOG program involved the renewal of a contract with Fusco Inspection Services. A contract was awarded for storm drain improvement on Plumosa and Bastanchury to Juarez Plumbing. Director Summerfield concluded by noting a developer for the down town was selected. b. WACO meeting, January 7 Director Mills attended. Steve Hill, Director of ACWA, spoke about a bill being introduced, which is designed along guidelines developed by ACWA, to protect special district reserves. There was also a presentation by Tim Quinn, Metropolitan, regarding Cal Fed improvements in the Delta. General Counsel Kidman commented that the report from Tim Quinn is the first time he felt water agencies may be getting something out of Cal Fed. c. Orange County ACWA Member agency meeting, January 7 General Manager Payne reported the meeting was held to discuss a blueprint prepared by ACWA for California's water future. ACWA asked for comments by February 7. These comments will be prepared for the Board to review. d. Yorba Linda Planning Commission, January 12 The discussion of the HQT development off Richfield Road was again continued. Action was taken to purchase two properties in the redevelopment area. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after January 13, 2005. Agenda is available in the District office prior to meeting. January OCWD Ad Hoc Committee, January 17,4:00 p.m. Beverage/Mills Exec-Admin-Or anizational Committee, January 18, 4:00 p.m. Beverage rmstrong Yorba Linda City Council, January 18, 6:30 p.m. MWDOC Board, January 19, 8:30 a.m. Staff OCWD Board, January 19, 5:00 p.m. Staff MWDOC Ad Hoc Committee, January 24, 4:00 p.m. Beverage/Armstrong Yorba Linda Planning Commission, January 26, 6:30 .m. Armstrong -4- 2005-05 Februa ISDOC Board, February 1, 7:30 a.m. Public Information Committee, February 3, 4:00 p.m. Summerfield/Bevera e Yorba Linda Cit Council, February 1, 6:30 .m. Summerfield MWDOC/Met Joint Workshop, February 2, 8:30 a.m. Staff OCWD Board, February 2, 5:00 .m. Staff WACO, February 4, 7:30 a.m. Mills Finance-Accounting Committee, February 8, 3:00 .m. Mills/Collett Plannin -En ineerin -O s Committee, February 9, 4:00 .m. Armstron /Summerfield Yorba Linda Planning Commission, February 9, 6:30 p.m. Collett Personnel-Risk Management Committee, February 14, 4:00 .m. Collett/Beverage Exec-Admin-Or anizational Committee, February 15, 4:00 p.m. Beverage/Armstrong Yorba Linda City Council, February 15, 6:30 .m. Mills MWDOC Board, February 16, 8:30 a.m. Staff OCWD Board, February 16, 5:00 p.m. Staff Yorba Linda Planning Commission, February 23, 4:00 p.m. Armstrong The Board Workshop originally planned for February 17 will be held March 17. There is a scheduling problem for Board members attending Yorba Linda City Council meetings. President Beverage will work this out. CONFERENCES AND SEMINARS 8. 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. There were no notices received of future conferences and seminars. A recess was declared at 9:50 a.m. The Board of Directors reconvened in Closed Session at 9:57 a.m. with all Directors present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. ADJOURN TO CLOSED SESSION 9. 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. b. 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. -5- 2005-06 c. Conference with Legal Counsel regarding anticipated litigation to which the District is a party. (Justification for Closed Session is Government Code Section 54956.9(b)) (1 case) d. Conference with Real Property Negotiator - Justification for Closed Session is Government Code Section 54956.8. Party of Interest: Lennar Development Property: A.P. No. 323-191-01(por), A.P. No. 323-201-02 and A.P. No. 323- 201-05 Negotiating Parties: General Manager Payne; Assistant General Manager Vecchiarelli; and Legal Counsel. President Beverage left the meeting at 12:07 p.m. because of a conflict with respect to a financial interest. e. Conference with Real Property Negotiator - Justification for Closed Session is Government Code Section 54956.8. Party of Interest: Upper K. Shapell Development Property: A.P. No. 350-263-33. Negotiating Parties: General Manager Payne; Assistant General Manager Vecchiarelli; and Legal Counsel. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 12:26 p.m. President Beverage returned to the meeting. CLOSED SESSION REPORT On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors directed the District's General Counsel and General Manager to meet with Vito Artukovich to discuss the contract disputes on the Central Yorba Linda Pipeline project. ADJOURNMENT On a motion by Director Directors voted 5-0 at scheduled for Thursday, 4622 Plumosa Drive. Mills, seconded by Vice 12:28 p.m. to adjourn to January 27, 2005 at 8:30 President Armstrong, the Board of a regular meeting of the Board a.m., at the District Headquarters, < ~ C, Michael A. Payne Secretary/General Manager -6-