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HomeMy WebLinkAbout2005-03-10 - Board of Directors Meeting Minutes2005-29 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING March 10, 2005, 8:30 A.M. The March 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 STAFF PRESENT Michael J. Beverage, President Michael A. Payne, General Manager Paul R. Armstrong, Vice President Arthur G. Kidman, General Counsel William R. Mills Kenneth Vecchiarelli, Asst G.M. John W. Summerfield Amelia Cloonan, Administrative Secretary DIRECTORS ABSENT AT ROLL CALL Ric Collett VISITORS PRESENT Dave Larsen, Counsel, Rutan & Tucker Moss Carter, Senior Project Manager, Toll Brothers j Roger Grable,Toll Brothers Counsel, Manatt, Phelps & Phillips 1 SPECIAL RECOGNITION AND PRESENTATIONS None. CONSENT CALENDAR (Items 1 throucih 4) President Beverage stated that due to a financial interest, he would abstain from voting on item 3. On a motion by Vice President Armstrong, seconded by Director Mills, the Board of Directors voted 4-0 to approve Consent Calendar Items 1 and 2. Minutes of the Regular Board of Directors meeting held February 24, 2005. Recommendation: Approve minutes of the Regular Board of Directors meeting held February 24, 2005. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $911,443.58. On a motion by Director Summerfield, seconded by Director Mills, the Board of Directors voted 3-0-1, with President Beverage abstaining, to approve Consent Calendar Item No. 3. 2005-30 3. Terms and Conditions for Water & Sewer Service with Upper K-Shapell Joint Venture for Tract No. 16758, Job No. 200427. Recommendation: Approve the Terms and Conditions for Water and Sewer Service as attached. At the request of the General Manager Closed Session Item 12.a. was moved to this point in the meeting. The Board of Directors went into Closed Session at 8.33 a.m. with all Directors present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli, General Counsel Kidman and Counsel Dave Larsen of Rutan & Tucker. CLOSED SESSION 12. 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 pending litigation to which the District is a party. (Justification for Closed Session is Government Code Section 54956.9(b)) (1 case) The Board of Directors reconvened in open session at 9:00 a.m. Dave Larsen left the meeting. Michael Payne, General Manager, and Amelia Cloonan, Administrative Secretary, rejoined the meeting. Beverly Meza, Business Manager, and Michael Robinson, Assistant Administrator joined the meeting. CLOSED SESSION REPORT President Beverage reported that Item 12.a. was discussed in Closed Session. President Beverage reported that prior to any discussion of the item, General Manager Payne left the meeting. The Board of Directors made a decision to request Dave Larsen of Rutan and Tucker to hire an investigator to look into Item 12.a. Lee Cory, Operations Manager, entered the meeting at 9:05 a.m. ACTION CALENDAR 4. Village III of the Vista Del Verde Improvement Phasing Schedule. General Manager Payne reported that under the Phasing Agreement, Vista Del Verde is required to build a 2 million gallon reservoir and booster station. District staff requested Vista Del Verde to halt construction on the reservoir and booster station while District staff conducts the Bastanchury Site Optimization Plan. This plan is being conducted by Parsons Engineering and should be completed by June 1, 2005. As a result of the District's intention to investigate the site plan for additional reservoir capacity, staff is recommending the Board release an additional 147 lots within Village III. This will bring the total to 248 lots. Director Mills asked if there is any downside to this phasing schedule. General Manager Payne responded there is no impact. Staff will present terms and conditions to the Board once the District has received the plans. Assistant General -2- 2005-31 Manager Vecchiarelli commented the facilities phasing agreement encompasses all of Village III and IV. General Manager Payne said there are several developers in Village III. Rather than have each developer come to the District with lot requests, the developers are going to Toll Brothers. On a motion by Director Mills, seconded by Vice President Armstrong, the Board of Directors voted 4-0 to: authorize: 1) The General Manager to release 147 additional building lots within Village III above the 101St unit as outlined in the Water and Sewer Phasing Agreement. The lot numbers and tract numbers are to be provided by Vista Del Verde; and 2) Upon completion of the Bastanchury Reservoir Site Optimization plan, a report will be submitted to the Board of Directors outlining the options in constructing the improvements at the Bastanchury reservoir site. In addition, staff reported that during the Bastanchury Site Optimization Plan, it has been determined that some of the northern lots of Lennar Development and some of the lots in the Vista Del Verde Village IV may need to be raised in elevation to meet the elevations of the District's Bastanchury Reservoir. President Beverage asked the representatives of Toll Brothers if they were in agreement with everything discussed, and they both agreed. Moss Carter and Roger Grable left the meeting at 9:22 a.m. 5. Water Main Replacement in Grandview Avenue and Grandview Extension. Assistant General Manager Vecchiarelli presented the report. President Beverage asked if the District is in budget. General Manager Payne proposed modifying the item regarding the budget for clarification. There is a single line item in the capital improvement section of the budget. A question was posed regarding the location of some properties that will be receiving service from this water main. Director Mills moved the item, and President Beverage seconded the item. Vice President Armstrong stated the Board had previously discussed whether a committee member who had heard the item should be making the motion to the Board. The Board decided the chair of each committee should make the motion. Director Mills and President Beverage withdrew their motions. On a motion by Director Summerfield, seconded by Vice President Armstrong, the Board of Directors voted 4-0 to: authorize the General Manager to execute a Water Service Agreement with Andrew Fisher in accordance with the Amended Terms and Conditions approved by the Board of Directors on April 8, 2004, including reimbursement for the District's share of construction costs for the water main replacement in Grandview Avenue and Grandview Extension, Job No. 200307. 6. Central Yorba Linda Transmission Pipeline Project. Assistant Manager Vecchiarelli presented the report. President Beverage asked if the District was doing the work now rather than later because actual costs would be greater at a later time. Assistant Manager Vecchiarelli responded affirmatively. Director Summerfield said there was considerable discussion of this item at the PEO Committee meeting. He disagrees with this item, however, it is probably the least -3- 2005-32 expensive way to solve the issues. General Manager Payne stated this item was presented to the Board in closed session, the Board approved the deal points, and now it is appearing for Board approval. Director Summerfield stated the committee thought a letter should be sent to the city to let them know the cost to the District of this project. The abandonment of a portion of the 20" line going through the shopping center was raised. Assistant General Manager Vecchiarelli said Change Order No. 2 is necessary now, because the engineer did not foresee the changes required by the redevelopment agency. There was discussion about changes caused by the city's coffee shop plan. General Manager Payne stated the District is instituting plans to have our Engineering Department meet with the City's Engineering Department to avoid problems in the future, and he will be sending a letter to the Yorba Linda City Manager regarding this issue. On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 4-0 to: approve Change Order No. 1 in the amount of $385,000 with Vido Artukovich and Son Inc./Vidmar Inc. a Joint Venture, settling all claims related to the delay of construction and approve Change Order No. 2, in the amount of $225,705.57, for additional facilities related to construction of the Central Yorba Linda Water Transmission Pipeline, Job No. 9804. 7. Health Insurance Increase for Employees with Dependents. General Manager Payne presented the report and outlined the background. The Association understands miscommunication occurred and understand more money will be taken away starting January 1, 2006. On a motion by President Beverage, seconded by Vice President Armstrong, the Board of Directors voted 4-0 to: approve paying the extra health insurance costs for the balance of 2005 and beginning January 1, 2006, pass the cost along to the employees; additionally, the language in the MOU should be checked, so when it is approved it is correct. A recess was declared at 9:50 a.m. Beverly Meza left the meeting. The Board reconved at 10:00 a.m. with all Directors present. REPORTS, INFORMATION ITEMS AND COMMENTS 8. a. President's Report. President Beverage had nothing to report. b. Directors Reports Director Mills reported on his attendance at the ACWA conference in Washington, D.C. He spoke with a number of congressional representatives. Topics of discussion were: the energy bill, who pays for it, the exemption for manufacturers of MTBE's, perchlorate and nuclear waste. Senator Feinstein spoke about the new approach to storage in California. Director Mills also reported perchlorate has been found in lettuce. Perchlorate interferes with the intake of iodine through the thyroid. Additionally, he reported IRWD has purchased land near the Kern River. -4- 2005-33 Director Mills mentioned the release of 43,000 cubic feet of water, which will be coming through the Prado Dam and captured by OCWD. Assistant General Manager Vecchiarelli stated the groundwater producers met yesterday at OCWD. There was a discussion about water stored behind Seven Oaks and Prado Dam. Water will be stored behind Prado. The groundwater producers are interested in what level needs to build up so the RA could be reduced. There was discussion about percolation, storage capacity and silt. President Beverage asked Director Mills to check his schedule for availability to attend a legislature symposium meeting. Director Mills will be in Sacramento March 25 moderating a discussion. of perchlorate. Vice President Armstrong asked General Counsel Kidman about investigating the possibility of tracing easements on properties changing title. General Counsel Kidman opined the District cannot do this unless it is a party to the title. Vice President Armstrong is concerned that cities and counties rather than using eminent domain place deed restrictions on properties. When the parcels change title, an easement for road purposes must be honored, and the buyer is noticed there is an easement on the property. Vice President Armstrong wonders if this could be done for sewers. General Counsel Kidman is not sure this could be done for private property. With septic tanks, the District does have the right going forward to state there cannot be a septic system. The District would then go through a grandfathering arrangement to say this is due to sale of a property. Vice President Armstrong cautions the Engineering Department that when it becomes aware of lots where there are existing homes, the Engineering Department should state that existing homes within the subdivision need to be connected. President Beverage responded this would be a policy, and the Board will be discussing policy at the Board Goals Workshop. General Manager Payne asked if there was instruction to staff to have General Counsel look at this. President Beverage stated this should be part of policy discussions at the workshop. General Counsel Kidman said the District is a government agency and must treat everyone as equally as possible. When you don't have policy, it leads to ad hoc conduct, which is unfair-. c. General Managers Report Assistant General Manager Vecchiarelli gave an update on the Diemer shutdown, which started at 12:01 a.m. on March 7. The District is at an extremely low point in demand, and the City of Yorba Linda is cooperating. General Manager Payne and Assistant General Manager Vecchiarelli met with the Placentia City Manager to talk about sewers and the new administration building for which the issuance of a street address was requested. The Board directed staff choose a number out of the ones offered by the city. The city is requesting improvement on Richfield Road be performed by the District. -5- 2005-34 d. General Counsel's Report General Counsel Kidman will be out of town on March 24. Dan Payne will attend the Board meeting. General Counsel Kidman reported on legislation coming out of Sacramento. A perchlorate limit may be set for California. ACWA does not believe this is something that should be set by the legislature. It creates problems to have the State of California level set so much lower. A Brown Act Bill has come up. Right now if there is an accusation of violation, an agency has the opportunity to "do over". This bill will eliminate the "do over". E- mail communication between board members may become an issue. General Counsel Kidman will research the issue. This kind of communication may need to be made available to the public. COMMITTEE REPORTS 9. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) Meeting scheduled for March 15, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) Meeting scheduled for April 12, 4:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills) Meeting scheduled for March 14, 4:00 p.m. President Beverage will attend in Director Collett's place if Director Collett does not return in time to attend. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Minutes of meeting held February 17. Minutes of meeting held March 3 will appear in the Board agenda for March 24. Meeting scheduled for April 7. President Beverage will attend in Director Summerfield's place. e. Public Information Committee (Summerfield/Beverage) Minutes of meeting held March 7 will appear in the Board agenda for March 24. Meeting scheduled for April 4, 4:00 p.m. Director Mills will attend in Director Summerfield's place. f. Building Ad Hoc Committee (Beverage/Summerfield) No meeting needed at this time. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) Meeting scheduled for March 28, 4:00 p.m. h. OCWD Ad Hoc Committee (Beverage/Mills) Meeting scheduled for March 21, 4:00 p.m. Director Summerfield will attend in Director Mills' place. -6- 2005-35 INTERGOVERNMENTAL MEETINGS 10. a. Yorba Linda City Council, March 1(Collett) President Beverage reported for Director Collett. There was a closed session regarding the Plumosa Drive storm drain. Nothing was reported in open session. HQT housing development was sent back to the Planning Commission. b. MWDOC Board, March 2 (Staff) General Manager Payne attended. He will ask Brett Barbre to report on the strategic planning taking place between the City of San Diego, the City of Los Angeles and Metropolitan. c. OCWD Board, March 2 (Staff) General Manager Payne attended. The Board selected a new director from Santa Ana to replace Brett Franklin. The proposed budget was discussed. d. WACO, March 4 - No one attended. e. Yorba Linda Planning Commission, March 9. Director Mills attended. The only item of interest was a finding of necessity to acquire a ten foot piece of property on Bastanchury to facilitate current plans. Mike Robinson left the meeting at 11:05 a.m. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after March 10, 2005. Agenda is available in the District office prior to meeting. March Personnel-Risk Management Committee, March 14, 4:00 p.m. (Beverage)` Collett/Mills Executive-Administration-Organizational Comm., March 15, 4:00 .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. Cancelled Board of Directors Workshop, March 17, 8:30 a.m., Richfield Plant OCWD Ad Hoc Committee, March 21, 4:00 p.m. Beverage/ (Summerfield * 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 A Q WACO, April 1, 7:30 a.m. Mills Public Information Committee, April 4, 4:00 p.m. (Mills)* Summerfield/ Beverage ISDOC Board, April 5, 7:30 a.m. Staff Yorba Linda City Council, April 5, 6:30 p.m. Summerfield MWDOC/MWD Joint Workshop, April 6, 8:30 a.m. Staff OCWD Board, April 6, 5:00 .m. Staff -7- 2005-36 Planning-Engineering-Operations Committee, April 7, 4:00 p.m. Armstrong/(Beverage)* Summerfield Board of Directors tour, April 15, 8:30 a.m. Personnel-Risk Management Committee, April 11, 4:00 p.m. Collett/Mills Finance-Accounting Committee, April 12, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, April 13, 6:30 .m. Mills Executive-Administration-Organizational Comm., April 19, 4:00 .m. Beverage/Armstrong Yorba Linda City Council, April 19, 6:30 p.m. Collett MWDOC Board, April 20 16, 8:30 a.m. Staff OCWD Board, April 20, 5:00 p.m. Staff Yorba Linda Planning Commission, April 27, 6:30 p.m. Armstron indicates the individual will substitute for the committee member. CONFERENCES AND SEMINARS 11. 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. None. A recess was declared at 11:09 a.m. The Board reconvened in Closed Session at 11:17 a.m. with all Directors present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. ADJOURN TO CLOSED SESSION 12. The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. b. 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. General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman left the meeting at this point. c. Performance Evaluation: General Manager. (Justification for Closed Session is Government Code Section 54957). RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 11:50 a.m. -8- 2005-37 CLOSED SESSION REPORT No action was taken on the items in this portion of the Closed Session. ADJOURNMENT ON a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 4-0 to adjourn at 12:00 noon to a Board of Directors' Goals Workshop scheduled for Thursday, March 17, 2005 at 8:30 a.m., at the District Field Headquarters, 913 South Richfield Road, Placentia. CA Michael A. Payne Secretary/General Ma -9- 2005-38