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HomeMy WebLinkAbout2005-04-28 - Board of Directors Meeting Minutes2005-59 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING April 28, 2005, 8:30 A.M. The April 28, 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 STAFF PRESENT Michael A. Payne, General Manager Kenneth Vecchiarelli, Asst G.M. Beverly Meza, Business Manager Lee Cory, Operations Manager Amelia Cloonan, Administrative Secretary VISITORS PRESENT Brett Barbre, MWDOC Director Dave Larsen, Rutan & Tucker, District Labor Counsel INTRODUCTION OF VISITORS AND PUBLIC COMMENTS Brett Barbre, MWDOC Director, reported there is an independent study being conducted regarding the construction of a transportation tunnel between Riverside County and Orange County. Cost will be from $2.1 billion to $3.5 billion. He also reported the Eagle Valley treatment facility will be accelerated. MWDOC is considering a desalinization plant in Dana Point. The plant would be in operation some 15 years in the future. In connection with the reauthorization of Measure M, OCTA is casting to get support by including other issues, such as monies for water quality issues. The Registrar of Voters spoke at one of MWDOC's Board meetings. He stated the increased costs for elections would be shifted to the agencies. The bill to MWDOC and YLWD almost doubled. Kevin Hunt spoke with the Registrar who said the costs had simply been apportioned to the agencies. Mr. Barbre would encourage any agency or city to send a letter to Bill Campbell, who represents the area. Vice President Armstrong requested Item 3 be removed from the Consent Calendar. He had a question regarding the "wired" totals component numbers. Staff stated they would investigate and report to the Board prior to adjournment. CONSENT CALENDAR (Items 1 through 4) On a motion by Director Mills, seconded by Vice President Armstrong, the Board of Directors voted 5-0 to approve Consent Calendar items 1, 2 and 4. Minutes of the Regular Board of Directors meeting held April 14, 2005. Recommendation: Approve minutes. 2005-60 2. Minutes of the Adjourned Regular Board of Directors meeting held April 15, 2005. - Recommendation: Approve minutes. d I i 4. Quitclaim Deeds for Lots 11 through 14, Tract No. 15835, on Southern Hills Way. Recommendation: Authorize the President and Secretary to execute the Quitclaim Deeds for Lots 11 through 14 of Tract No. 15835, subject to review as to form by General Counsel. At 8:43 a.m., the Board of Directors adjourned to Closed Session. All Directors were present. Also present were Assistant General Manager Vecchiarelli, General Counsel Kidman and Labor Counsel Larsen. ADJOURN TO CLOSED SESSION 5. 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)) (One case) General Manager Payne rejoined the meeting in Closed Session. b. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6, Yorba Linda Water District Employees Association, employee organization, and Dave Larsen, Rutan & Tucker, YLWD designated representative. Dave Larsen, District Labor Counsel left the meeting at 10:04 a.m. c. 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. The Board of Directors came out of Closed Session at 10:28 a.m. A recess was declared. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 10:35 a.m. Business Manager Meza, Operations Manager Cory, and Admin Secretary Cloonan rejoined the meeting. CLOSED SESSION REPORT There was no Closed Session report. ACTION CALENDAR 6. Consider Agreement for Permanent Easement, Temporary License for Entry and Quitclaim Deed for Facility Abandonment with Catellus Operating Limited Partnership. Assistant General Manager Vecchiarelli reported the District is comfortable with the form of the Draft regarding Central Yorba Linda pipeline -2- 2005-61 redirection. Ultimately the district will quitclaim the piece of property to Catellus, but there are time constraints. General Counsel Kidman commented that he and staff thought they would be able to present the final report. The District needs this agreement from the land owner, but it was just learned that because of a term in one of the leases they will have to work with Pollys. Since the District had to buy its way out of a long delay with Artukovich, and they are planning to commence work at this location soon, the District needs to insure the right of way. There was a discussion of whether the pipe would be in the city right of way on the west side or Imperial Highway. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 5-0 to authorize the President and Secretary to execute an Agreement with Catellus Operating Limited Partnership, within the Yorba Linda Station center on Imperial Highway, subject to review as to form by General Counsel and provided there are no substantial changes to the agreement as drafted. 7. Update of the Five Year Vehicle and Equipment Plan. Operations Manager Cory commented this plan is brought to the Board of Directors every year and is used as a planning tool. The plan was reviewed by the Planning-Engineering-Operations Committee. On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 5-0 to accept the updated Five Year Vehicle and Equipment Plan. 8. Update of the Five Year Gas Engine Schedule. Director Summerfield declared a financial conflict of interest due to his ownership of stock in Caterpillar. Operations Manager Cory stated this plan is brought to the Board of Directors every year and is used as a planning tool. The plan involves replacement of stationary gas engines, well pumps, booster pumps and generations and was reviewed by the Planning-Engineering-Operations Committee. On a motion by Vice President Armstrong, seconded by Director Mills, the Board of Directors voted 4-0-1, with Director Summerfield abstaining, to accept the updated Five Year Natural Gas Engine Schedule. 9. Consider Candidates for the ACWA/JPIA Executive Committee Election to be held May 2, 2005. General Manager Payne stated a couple of letters were received requesting support for different candidates. JPIA recommends using a resolution for the nomination. On a motion by Vice President Armstrong, seconded by Director Mills, the Board of Directors voted 5-0 on a roll call vote, with President Beverage, Vice President Armstrong, and Directors Collett, Mills and Summerfield voting Yes, to support Trudy Ohlig-Hall's nomination for the ACWA-JPIA Executive Committee election. -3- 2005-62 REPORTS, INFORMATION ITEMS AND COMMENTS 10. a. President's Report President Beverage presented to the Board an issue of Parade containing an article on the use of too much water. In the Metropolitan Water District newsletter, there was an article entitled "is the Drought Over'. There were two articles in the newsletter, which stated we are short of water in a heavy rain year. The Public Information Committee should stress the fact we still have some issues with shortages of water. President Beverage distributed copies of schedules containing target dates for different committees to discuss various aspects of the proposed budget. Committee assignments and responsibilities are outlined indicating when and what aspects of the budget the committees will cover. Since the schedules are tight, if a Board member is unable to attend a meeting, substitution by another Board member will be necessary. An adjourned regular Board meeting to discuss the budget is scheduled for May 19. President Beverage received a call from MWDOC regarding the use of artificial turf at the new facility. If the District uses the artificial turf in its open areas, MWDOC will prepare an article to be printed in the Los Angeles Times and the Orange County Register b. Directors Reports Vice President Armstrong believes the forming of a benefit district could be a method to finance sewers in the western district (see the article in the CSDA bulletin). After the budget process is concluded, he would like to bring this to the Planning-Engineering-Operations Committee. c. General Managers Report General Manager Payne distributed copies of Conflict of Interest booklets to all Directors, key management staff and General Counsel. The District's bus tour scheduled for May 14 is full. d. General Counsel's Report General Counsel Kidman addressed the question about donations made to a charity in the name of a Board member by a developer having business that may come before the District. This donation would not create a conflict of interest causing a director to abstain from voting on an item involving the developer. A director may not take a tax deduction under this circumstance. The answer could be different if a director chaired a fund raising operation soliciting funds from a company that might have business coming before the Board. The Sacramento Bee published an editorial indicating water agencies are opposed to SB 393 (Ortiz) and in favor of SB 1234 (Salinas) because of the extensive auditing requirements included in SB 393. 2005-63 General Counsel Kidman reminded the Board about provisions in the Brown Act that might cause violations during the budget process because of different committees addressing the same subject. Reports to one committee cannot be the same as reports to another committee on the same aspect of the budget, because whenever a majority of the Board receives the same communication, it could be a violation of the Brown Act. Their office checked with the Attorney General's office, which refused to give any guidance on a-mails and referred them to the District Attorney's office. Director Mills commented that at OCWD all committee meetings were meetings with the Board of Directors and the committee, so the problem was solved. Note the Ortiz Bill is attempting to restrict the number of meetings a board member may attend. COMMITTEE REPORTS 11. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong (Collett)*) Minutes of meeting held April 19. President Beverage reported Director Collett attended in place of Vice President Armstrong. The committee discussed consultants' invoices for the last quarter, reviewed the budget process, and reviewed staff's approach to reviewing the Board of Directors policy manual. Meeting scheduled for May 17, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) A meeting is scheduled for May 4, 4:00 p.m. A meeting is scheduled for May 10, 4:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills) Meeting scheduled for May 9, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong (Beverage)*/ Summerfield) Meeting scheduled for May 5, 4:00p.m. e. Public Information Committee (Summerfield/Beverage) The meeting scheduled for May 2 is cancelled. f. Building Ad Hoc Committee (Beverage/Summerfield) No meeting scheduled. g. MWDOC Ad Hoc Committee (Beverage/Armstrong (Summerfield)*) Meeting scheduled for May 23, 4:00 p.m. h. OCWD Ad Hoc Committee (Beverage/Mills) The minutes of the meeting held April 18 are in the agenda packet. The committee discussed the OCWD proposed budget, OCWD's proposed Replenishment Assessments (RA) projections, the Basin Production Percentages in the upcoming OCWD budget and the status of monitoring wells - Anaheim. -5- 2005-64 Meeting scheduled for May 16, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 12. a. Water Education Foundation Lower Colorado River Tour, April 6-8. Director Summerfield postponed his report to May 12. b. Yorba Linda City Council, April 19, 6:30 p.m. (Summerfield) Director Summerfield reported he, Director Mills and some other members of the Morning Rotary received a presentation for the 100th anniversary of Rotary International. c. MWDOC Board, April 20, 8:30 a. m. (Staff) No one attended. d. OCWD Board, April 20, 5:00 p.m. (Staff) General Manager Payne attended. The RA and BPP were discussed. The Board finally agreed to lower the BPP from 66% to 64%. The RA is going up to $205 per acre feet of water. It is a major increase, and the District needs to look at its rate increase to insure the pass through covers OCWD approved rate increases. The RA can be established only once a year. The BPP can be adjusted throughout the year. The RA will be reviewed in November. e. Yorba Linda Planning Commission, April 27, 6:30 p.m. Vice President Armstrong attended. There was discussion about the number of fowl on a lot undersized for keeping fowl. Another item involved a second-story addition on a parcel with a water easement. A note was made on the document that the individual needs to come in to the District Engineering Department. The second story addition on the Hargrove property is on the opposite side from where the water easement is located. Vice President Armstrong questioned their staff about the notification given to the District by the city concerning modifications that might affect easements. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after April 28, 2005. Agenda is available in the District office prior to meeting. Ma Public Information Committee, May 2, 4:00 .m. Summerfield/Bevera e ISDOC Board, May 3, 7:30 a.m. Staff Yorba Linda City Council, May 3, 6:30 .m. Summerfield MWDOC/MWD Joint Workshop, May 4, 8:30 a.m. Staff OCWD Board, May 4, 5:00 .m. Staff Finance-Accounting Committee, May 4, 4:00 p.m. Mills(Beverage)*/Collett Summerfield * Planning-Engineering-Operations Committee, May 5, 4:00 p.m. (Beverage)* Armstron /Summerfield WACO, May 6, 7:30 a.m. Mills Personnel-Risk Management Committee, May 9, 4:00 .m. Collett/Mills Finance-Accounting Committee, May 10, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, May 11, 6:30 .m. Mills OCWD Ad Hoc Committee, May 16, 4:00 .m. Bevera a/Mills Executive-Administration-Organizational Comm., May 17, 4:00 .m. Beverage/Armstrong -6- 2005-65 (Collett * Yorba Linda City Council, May 17, 6:30 .m. Collett MWDOC Board, May 18, 8:30 a.m. Staff OCWD Board, May 18, 5:00 .m. Staff Budget Workshop May 19, 8:30 a.m., Richfield Plant Board MWDOC Ad Hoc Committee, May 23,4:00 p.m. Beverage/Armstrong Summerfield * Finance-Accounting Committee, May 24, 4:00 p.m. Mills(Beverage)*/Collett Summerfield * Yorba Linda Planning Commission, May 25, 6:30 .m. Armstrong Summerfield .luny MWDOC/MWD Joint Workshop, June 1, 8:30 a.m. Staff OCWD Board, June 1, 5:00 .m. Staff Plan nin -En ineedn -O erations Committee, June 2, 4:00 .m. Armstron /Summerfield WACO, June 3, 7:30 a.m. Mills Public Information Committee, June 6, 4:00 .m. Summerfield/Bevera e ISDOC Board, June 7, 7:30 a.m. Staff Yorba Linda City Council, June 7, 6:30 .m. Summerfield Yorba Linda Planning Commission, June 8, 6:30 .m. Mills Personnel-Risk Management Committee, June 13 9, 4:00 .m. Collett/Mills Finance-Accounting Committee, June 14, 4:00 .m. Mills/Collett MWDOC Board, June 15, 8:30 a.m. Staff OCWD Board, June 15, 5:00 .m. Staff Executive-Administration-Organizational Comm., June 21, 4:00 .m. Beverage/Armstrong Yorba Linda City Council, June 21, 6:30 .m. Collett Yorba Linda Planning Commission, June 22, 6:30 .m. Armstron ISDOC Membership June 30,11:30 a.m. Mills ( indicates this person is substituting for the committee member. CONFERENCES AND SEMINARS 13. Authorize attendance of Directors and such staff members of the District as approved by the General Manager to attend the following conferences and seminars. None ACTION CALENDAR 3. Payment of bills, refunds, and wire transfers. Business Manager Meza distributed some new copies of the backup for this item. There were three wires, which totaled $1,674,000. In the future, wires will be listed separately, and at the end, a distribution of the total to the different funds will be indicated. On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 5-0 to ratify and authorize disbursements in the amount of $2,163,516.52. -7- 2005-66 ADJOURNMENT On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 5-0 to adjourn to an adjourned regular meeting of the Board in the form of a Workshop scheduled for Friday, April 29, 2005 at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive. Accommodation for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning Michael A. Payne, District Secretary, at 714-777-3018, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested Michael A. Payne Secretary/General Manager -8-