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HomeMy WebLinkAbout2005-02-10 - Board of Directors Meeting Minutes2005-11 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING February 10, 2005, 8:30 A.M. The February 10, 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 Brett Barbre, MWDOC Director STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, District General Counsel Kenneth Vecchiarelli, Asst G.M. Beverly Meza, Business Manager Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Amelia Cloonan, Administrative Secretary Scott Abbe, Plant Operator II MWDOC Director Barbre spoke about the Central Pool Augmentation program. It is hoped this program will be accelerated for completion by 2018. Congressmen Cox and Calvert are supporting the program, which will provide more reliability. SPECIAL RECOGNITION AND PRESENTATIONS Operations Manager Lee Cory introduced Scott Abbe, Plant Operator II, and recognized him for ten years service to the District. Scott Abbe left the meeting at 8:38 a.m. CONSENT CALENDAR (Items 1 through 2) On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve the Consent Calendar with a correction noted in Item 1, the Minutes of the Regular Board of Directors meeting, to reflect the correct date of the meeting as January 27, 2005. 1. Minutes of the Regular Board of Directors meeting held January 27, 2005. Recommendation: Approve minutes. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,115,191.00. -1- 2005-12 ACTION CALENDAR 3. Investment Report for Quarter Ending December 31, 2004. Business Manager Beverly Meza presented the report. On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to receive and file the investment report for quarter ending December 31, 2004. REPORTS, INFORMATION ITEMS AND COMMENTS 4. a. President's Report. There was no report. b. Directors Reports Director Mills asked if there is nothing to report on a closed session item, perhaps that item should not be listed on each agenda. Additionally Director Mills had a question about the Drummond article regarding gifts made in the name of the Directors to the Make A Wish Foundation. General Counsel Kidman commented that the contribution does not trigger income reporting requirements. c. General Managers Report General Manager Payne noted Form 700s were included in the Directors' mail packets. These forms are due no later than April 1, 2005, however, it would be appreciated if the forms were returned to the District by March 24. Brett Barbre left the meeting at 8:48 a.m. d. General Counsel's Report Sheila Kuehl, Chairman of the Water Committee intends to frame legislation on bullet points that will turn around a great deal of water right law. The legislation would make mandatory what was heretofore best management practice. COMMITTEE REPORTS 5. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) Minutes of meeting held January 18. President Beverage reported. The committee discussed the Board of Directors Goals Workshop, Sacramento Advocates semi annual meeting and the change in the District letterhead. A meeting is scheduled for February 15, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) Minutes of meeting held February 8 will appear in the agenda of February 24. Director Mills reported three items were covered: 1) The investment policy was reviewed, and this item will come back to the Board this fall. 2) The committee looked at the investment report and saw opportunities to put more money into CDs. The committee also discussed putting more money into the county's -2- 2005-13 commingled funds. Staff was asked to come back with a report on who is investing in that area. 3) The committee looked at a couple of reports. Staff will get together with the District's bond counsel to see if the District can restrict further reserves. Director Summerfield referred to the second page of the Investment Report, Checking and Cash Accounts. The District has over $2 million not producing interest for the District. Business Manager Meza will check into Wells Fargo but stated the fund balance may be $2.1 million one day and $800.00 the next. There was more discussion about accounts. Meeting scheduled for March 8, 4:00 p.m. Laer Pearce of Laer Pearce and Associates entered the meeting at 8:55 a.m. c. Personnel-Risk Management Committee (Collett/Mills) Minutes of meeting held January 20 will appear in the agenda of February 24. Director Collett stated the committee discussed different items related to insurance, and was updated on the status of recruitments and ..risk management activity. The District needs to be doing some more training. A meeting is scheduled for February 14, 4:00 p.m. President Beverage will attend this meeting in place of Director Mills. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Minutes of meeting held January 12. President Beverage reported the committee discussed sewer overflow response, hydro-excavator bids, In-lieu water production, Bastanchury Road Transmission Pipeline, Central Yorba Linda Pipeline project, Bastanchury Reservoir. Item 7, Vista Del Verde Water Facilities Cash In Lieu Option was discussed and will come back to the Board. Director Mills asked a question about what percent of total production in December was in lieu. Engineering Manager Vecchiarelli said it was close to 35% of production. Operations Manager Cory stated that of 14 million gallons 90% was in lieu. The meeting scheduled for February 7 was rescheduled for February 17. A meeting is scheduled for March 3, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) Minutes of meeting held February 3. Director Summerfield stated the committee looked at the draft of the annual report. This will be presented to the full Board as a draft. A two-page letter will be added at the front of the report. The FOG Education Program was also discussed. The committee looked at a copy of the brochure used by IRWD. Meeting scheduled for March 7, 4:00 p.m. Director Armstrong will attend in place of Director Summerfield. -3- 2005-14 f. Building Ad Hoc Committee (Beverage/Summerfield) A meeting is scheduled for February 11, 8:30 a.m. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) Minutes of meeting held January 24 will appear in the agenda of February 24. President Beverage reported the committee met with Kevin Hunt and Brett Barbre. They discussed the central pool alignment program, the irrigation smart controller program and artificial turf. A meeting is scheduled for March 28, 4:00 p.m. h. OCWD Ad Hoc Committee (Beverage/Mills) Minutes of meeting held January 17. President Beverage reported the committee discussed the MTBE plume, modeling of the underground basin at the Richfield Plant, the Shell Oil lawsuit, the status of the Santa Ana River flows and the ACWA Property Tax Task Force. General Manager Payne said the District will be taking another look at the second Etchandy well. A meeting is scheduled for March 21, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 6. a. Yorba Linda City Council, January 18. Director Collett attended. Under the Orange County Sanitation District, Mike Duvall reported the district in San Bernardino agreed to put in $2.5 million to fix the Brine line. b. Yorba Linda Planning Commission, January 26. Paul Armstrong attended. HQT Homes was up for discussion and approval. Assistant General Manager Vecchiarelli reported the draft tract development plan indicates a rerouting of the District's sewer main. Director Armstrong also reported on a sub division at the end of Avocado Avenue. His concern is when a lot is subdivided there does not appear to be a legal right of way for a pipeline to a private residence. The pipeline attaches to a District meter. Another residence to be located between that meter and the pipeline to the existing residence is planned. General Manager Payne stated the District received the packet of information and will compile a list of what needs to be done. Assistant General Manager Vecchiarelli stated the lines referred to by Director Armstrong are private lines. President Beverage suggested the city should contact the District whenever something comes up for development so the District can apprise them of what is already there. General Manager Payne will add this to a list of subjects to be discussed with the new Yorba Linda City Manager, Tamara Gates. -4- 2005-15 c. Yorba Linda City Council, February 1. Director Summerfield reported the City Council meeting scheduled for March 15 will not be held. Also discussed were: updates on improvements on Plumosa and Bastanchury and a letter of agreement for Fiesta Days. Mike Duvall, OCSD, made a presentation, some of which dealt with the recent Prado Dam incident. d. MWDOC/Met Joint Workshop, February 2. General Manager Payne attended. MWDOC Director Barbre already reported on the central pool augmentation program. e. OCWD Board, February 2. General Manager Payne arrived at the end of the meeting due to a conflict with another meeting. OCWD discussed reserves. WACO, February 4. President Mills attended. New special district legislation was discussed. Dennis Underwood, former Commissioner of the Bureau of Reclamation, has been at MWD for the last four years. He concludes the Colorado River .is in real trouble. g. Yorba Linda Planning Commission, February 9. President Mills attended. Michael Robinson left the meeting at 9:45 a.m. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after February 10, 2005. Agenda is available in the District office prior to meeting. February Personnel-Risk Management Committee, February 14, 4:00 .m. Collett/Mills Exec-Admin-Or anizational Committee, February 15, 4:00 .m. Beverage/Armstrong Yorba Linda City Council, February 15, 6:30 .m. Summerfield MWDOC Board, February 16, 8:30 a.m. Staff OCWD Board, February 16, 5:00 .m. Staff Yorba Linda Planning Commission, February 23, 4:00 .m. Armstrong March ISDOC Board, March 1, 7:30 a.m. Staff Yorba Linda City Council, March 1, 6:30 p.m. Collett MWDOC/MWD Joint Workshop, March 2, 8:30 a.m. Staff OCWD Board, March 2,5:00 p.m. Staff Planning-Engineering-Operations Committee, March 3, 4:00 .m. Armstron /Beverage WACO, March 4, 7:30 a.m. Mills Public Information Committee, March 7, 4:00 p.m. Summerfield/Beverage Finance-Accounting Committee, March 8, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, March 9, 6:30 p.m. Mills -5- 2005-16 Personnel-Risk Management Committee, March 14, 4:00 p.m. Collett/Mills Executive-Administration-Organizational Comm., March 15, 4:00 p.m. Beverage/Armstrong Yorba Linda City Council, March 15, 6:30 .m. CANCELLED MWDOC Board, March 16, 8:30 a.m. Staff OCWD Board, March 16, 5:00 .m. Staff Board of Directors Workshop, March 17, 8:30 a.m. - 11:30 a.m. OCWD Ad Hoc Committee, March 21, 4:00 .m. Bevera a/Mills Yorba Linda Planning Commission, March 23, 6:30 .m. Armstrong MWDOC Ad Hoc Committee, March 28,4:00 .m. Beverage/Armstrong ISDOC Membership, March 31, 11:30 a.m. Staff Director Armstrong reported he will be unable to attend meetings scheduled for the first Monday of the month as he has a prior commitment at 4:30 p.m. on that day. General Manager Payne will call President Beverage to solve the problem of scheduling committee meetings. However, the Planning-Engineering-Operations Committee meetings will now be held the first Thursday of every month, and the Public Information Committee will be held the first Monday of every month. CONFERENCES AND SEMINARS 7. 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. ACWA Spring Conference, San Jose Convention Center, May 3-6, 2005 b. CSDA 2005 Education Calendar On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve attendance by the Directors and such staff members of the District as approved by the General Manager. A recess was declared at 9:53 a.m. The Board of Directors reconvened in Closed Session at 9:59 a.m. with all Directors present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli, General Counsel Kidman and Laer Pearce of Laer Pearce & Associates. ADJOURN TO CLOSED SESSION 8. 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. Laer Pearce left the meeting at 10:43 a.m. -6- 2005-17 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. 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 declared an economic conflict of interest with Closed Session Item e. and left the meeting at 11:17 a.m. 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 11:23 a.m. President Beverage rejoined the meeting. CLOSED SESSION REPORT There was no Closed Session Report. ADJOURNMENT On a motion by Director Mills, seconded by Director Collett, the Board of Directors voted 5-0 to adjourn at 11:25 a.m. to a regular meeting of the Board scheduled for Thursday, February 24, 2005 at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive. Michael A. Payne Secretary/General -7- 2005-18