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HomeMy WebLinkAbout2005-07-28 - Board of Directors Meeting Minutes2005-105 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 28, 2005, 8:30 A.M. The July 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 STAFF PRESENT Michael J. Beverage, President Michael A. Payne, General Manager Paul R. Armstrong, Vice President Arthur G. Kidman, General Counsel Ric Collett Kenneth Vecchiarelli, Asst. G.M. John W. Summerfield DIRECTORS ABSENT AT ROLL CALL Amelia Cloonan, Admin Secretary William R. Mills VISITORS PRESENT Dave Larsen, District Labor Counsel, Rutan & Tucker, LLP. The Board of Directors adjourned to Closed Session at 8:32 a.m. All Directors were present. Also present were: General Manager Payne, Assistant General Manager Vecchiarelli, General Counsel Kidman, Labor Counsel Larsen. ADJOURN TO CLOSED SESSION 6. a. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6, employee organization: Yorba Linda Water District Employees Association and agency negotiator Dave Larsen, Rutan & Tucker.) b. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6, unrepresented employees: Yorba Linda Water District Management, Confidential, Supervisory employees' group, and agency negotiator Dave Larsen, Rutan & Tucker.) On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 4-0 to add item 6b1. This item appeared after the agenda had been posted and staff needs direction from the Board of Directors prior to the next Board meeting. Michael Payne left the meeting prior to discussion of 6b1. b 1.Conference with Legal Counsel regarding anticipated litigation. (Justification for Closed Session is Government Code Section 54956.9(b)) (one case). 2005-106 General Manager Payne returned to the meeting at the conclusion of 6b1. District Labor Counsel Larsen left the meeting at the conclusion of 6b1. c. Conference with Legal Counsel regarding anticipated litigation. (Justification for Closed Session is Government Code Section 54956.9(b)) (one case) RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 10:05 a.m. Business Manager Meza, Operations Manager Cory, Customer Service Supervisor Stacy Bavol, Administrative Secretary Cloonan joined the meeting. VISITORS PRES Vince Campion Nathan Chappell Burk Anderson Mark C. Baltes Debra Marks David Sargent George Basye Jim Boyd Tim Hoban Moss Carter ENT Boys & Girls Club of Placentia-Yorba Linda Boys & Girls Club of Placentia-Yorba Linda Boys & Girls Club of Placentia-Yorba Linda Boys & Girls Club of Placentia-Yorba Linda Yorba Linda resident Shea Homes Aera Toll Brothers Toll Brothers Vista Del Verde (Toll Brothers) CLOSED SESSION REPORT It was reported in open session that Closed Session item 6.c. deals with a case already under assessment, anticipated litigation. In Closed Session, one additional case was added (6.b.1) which deals with a case filed against the District by a District employee. This item was added to the agenda because action needed to be taken by the Board before the next Board meeting. SPECIAL RECOGNITION & PRESENTATIONS Jim Boyd of Toll Bros. spoke regarding the release of permits for Vista Del Verde Village III. Toll Bros. believe they are entitled to 100 permits. They feel they have fulfilled their part under a fee agreement. Well 18 was a new item to them. Since the Board meeting on July 14, they met with Art Kidman and Mike Payne to try to work out a solution. If the 100 permits were released, there are an additional 95 pending. There is a surety bond for faithful performance and completion of Well 18. When they signed the temporary credit amendment to the agreement, it was researched and deemed there was adequate short-term storage to handle the pump station needs. The balance of the infrastructure is complete. There are 2005-107 sufficient resources to service the homes. The agreement was based on 2178 homes. At completion, there will be 1300 homes. Mr. Boyd requested the Board release the permits. He believes it is the right thing to do in the interest of working through to a mutually agreeable solution. President Beverage responded the Board and District intend to abide by agreements and the phasing of those agreements. Staff was instructed to look through the agreements to insure they have been satisfied. Staff has been asked to expedite the well drilling capacity. Staff is also instructed to sign for the Village IV area so pipe can be ordered and the price set. Staff will deem if and when to come back to the Board for release of units if responsibilities have been met and to deem when to come back to the Board for phasing, the well, capacity and how many permits to release. It is the preference of the Board to release all the units at the same time. Mr. Boyd stated they are disappointed but will continue to work with staff. Based on the schedules Mike Payne provided, it will take 60 days to complete well tests. Some of the builders are going to be in distress between now and 60 days. President Beverage asked Toll Bros. to work with staff. Right now the Board is not comfortable with the 100 units. David Sargent, George Basye and Tim Hoban left the meeting at 10:23 a.m. Presentation by Nathan Chappell, Boys & Girls Clubs of Placentia - Yorba Linda Vince Campion, Chief Volunteer Officer for Placentia-Yorba Linda Boys and Girls Club gave the background of the club organization. The club was displaced from the Mabel Paine School after the flood, moving to Esperanza High School. The possibility of purchasing the Yorba Linda Water District building when the District vacates creates an opportunity to position the club where the clientele originates. The Yorba Linda Sunrise Rotary group, which was represented at the meeting by Debra Marks, has voted to support this venture. Nathan Chappell presented plans to the Board members and gave an overview. President Beverage spoke about the new administration building, a two-year process. At that point, the Board will deem if this building is or is not needed by the District. If not, it will be declared surplus. First right of refusal is then opened up to government agencies, then to the public. The District must get appraisals. General Counsel Kidman stated the purpose of the Water District is limited and does not include protecting children. If the amount received for the building is anything less than fair market value, the District has made a gift of public funds. 2005-108 Additionally, the purchaser may have to go before the Yorba Linda City Council and/or Planning Commission. Vince Campion, Nathan Chappell, Burk Anderson, Debra Marks and Mark C Baltes left the meeting. A recess was declared at 10:43 a.m. The Board of Directors reconvened at 10:50 a.m. with all Directors present. There was a request to remove Item 3 from the Consent Calendar. With respect to Item 2, there is a payment for waste services. When Director Collett votes, it will be understood he is voting to approve all but the one check. CONSENT CALENDAR (Items 1 through 5) On a motion by Vice President Armstrong, seconded by Director Collett, the Board of Directors voted 4-0 to approve Consent Calendar items 1, 2, 4 and 5. 1. Minutes of the Regular Board of Directors meeting held July 14, 2005. Recommendation: Approve minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,689,768.90. 4. Consider awarding a Two Year Uniform Contract. Recommendation: That the Board of Directors authorize the President and Secretary to execute a two-year uniform contract with Angelica Textile Services at the bid price of $0.40 per shirt and $0.40 per pair of pants. 5. Central Yorba Linda Pipeline Project, Job No. 9804. Recommendation: Approve Progress Payment No. 3 in the net amount of $335,554.12 to Vido Artukovich and Sons, Inc./Vidmar, Inc., a Joint Venture, for construction of the Central Yorba Linda Pipeline Project. ACTION CALENDAR 3. Consider awarding a Two Year Paving Services Contract. Director Summerfield questioned if HPD is a new company the District has not dealt with before. General Manager Payne said the District had a contract with them for the last two years. On a motion by Director Summerfield, seconded by Vice President Armstrong, the Board of Directors voted 4-0 to award a two-year paving services contract to HPD, Inc. and authorize the President and Secretary to execute the contract subject to review as to form by General Counsel. 2005-109 7. Consider a Billing Services Agreement with the City of Placentia for the collection of sewer maintenance fees. Stacy Bavol, Customer Service Supervisor, presented the report. The District was approached by the City of Placentia to assist in collecting sewer fees from some 427 accounts. The contract was reviewed by the District, and changes were made, which were approved by Placentia's City Attorney. Vice President Armstrong stated this item came before the Executive- Administrative-Organization Committee. General Manager Payne met with Bob Dominguez and explained the interest of the District to perform emergency work on their sewers and do sewer maintenance. The city is going to consider this. On a motion by Director Collett, seconded by Director Summerfield, the Board of Directors voted 4-0 to approve and authorize the President and Secretary to execute the Billing Services Agreement with the City of Placentia subject to review as to form by General Counsel. 8. Bastanchury Booster Station - Job No. 200505. Assistant General Manager Vecchiarelli presented the report. This is the follow-up and settlement on a cost associated with the Bastanchury Booster Station. On a motion by Vice President Armstrong, seconded by Director Summerfield, the Board of Directors voted 4-0 to authorize the President and Secretary to execute an agreement for payment by SWEPI, L.P. for the Vista Del Verde development of approximately $3,000,000 in-lieu of constructing the 2,000 g.p.m. Bastanchury Booster Station and the Zone 4 to 2 Pressure Reducing Station, subject to legal counsel approval. Vice President Beverage thanked Moss Carter for the cooperation with staff. Moss Carter left the meeting at 11:05 a.m. President Beverage declared a financial conflict of interest with Item 9. He turned the meeting over the Vice President Beverage and left the room. 9. Quarter Horse Reservoir Expansion - Job No. 200316. Assistant General Manager Vecchiarelli presented the report. He explained the delays were due to the rains. The contractor has worked with the District to get the work done, and the job is substantially complete. On a motion by Director Summerfield, seconded by Director Collett, the Board of Directors voted 3-0 to approve Change Order No. 6, Change Order No. 7, Progress Payment No. 19, the Final Progress Payment and release 2005-110 of 50% retention to Schuler Engineering Corporation; authorize staff to file a Notice of Completion, release the Labor and Material Bond and payment of the remaining retention 35 days after the Notice of Completion has been recorded if no liens have been filed; and release the Faithful Performance Bond in one year if no defects have been found for construction of the Quarter Horse Reservoir Expansion. President Beverage returned to the meeting at 11:10 a.m. 10. Consider the Financial Statement Report for eleven months of fiscal year 2004-2005 ending May 31, 2005. Business Manager Meza presented the report. On a motion by Vice President Armstrong, seconded by Director Collett, the Board of Directors voted 4-0 to receive and file the Financial Statement Report for eleven months of fiscal year 2004-2005 ending May 31, 2005. REPORTS, INFORMATION ITEMS AND COMMENTS 11. a. President's Report The President had nothing to report. b. Directors Reports The Directors had nothing to report. c. General Managers Report General Manager Payne received word that City Engineer Jim Smith is leaving in August to go to Indio. Pat Haley is retiring in October. The Relay for Cancer is scheduled for August 12 and 13. The Board tour for the public is scheduled for Saturday, September 24. A survey was done of water usage by the homeowner, whose letter was given to the Board members at the last Board meeting. The homeowner has a large lot with many trees. Her sprinklers were reset. d. General Counsel's Report General Counsel Kidman thanked the Board for the flowers sent to Mrs. Kidman during her hospital stay. COMMITTEE REPORTS 12. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong ) Minutes of meeting held July 19. 2005-111 Meeting scheduled for August 16, 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) Meeting scheduled for August 9, 4:00 p.m. Director Collett reported on the meeting held July 26. There was a presentation by Well Fargo and Wells Capital. The committee looked at banking issues and investment policy. A net rate of 3.3% could be earned, which is a significant improvement over what the District now earns. The committee asked the Wells Fargo/Wells Capital people to come back for a presentation to the Board. The proposal would reduce banking costs and free up staff time. This item will come back to the Board at the meeting of August 11. c. Personnel-Risk Management Committee (Collett/Mills) Meeting scheduled for August 8, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Meeting scheduled for August 4, 4:00 p.m. e. Public Information Committee (Summerfield/Beverage) Minutes of meeting held July 26 will appear in the Agenda of August 11. Director Summerfield reported the committee went over the annual report and did an extensive review. The report will be revamped with some format changes. It will be sent out to key people in government, the school district and the city. The meeting of August 1 is rescheduled to August 29 at 4:00 p.m. The meeting of September 5, a legal holiday, is cancelled. f. Building Ad Hoc Committee (Beverage/Summerfield) The meeting scheduled for July 29, 4:00 p.m. is being moved to August 5 at 4:00 p.m. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) Minutes of meeting held July 25 will appear in the Agenda of August 11. President Beverage reported Kevin Hunt and Brett Barbre attended. There was discussion about rates and fees and the grant program. MWDOC uses the Townsend Group. There is a commitment from Kevin Hunt that they will work with the District on grants. They spoke about the tunnel project. h. OCWD Ad Hoc Committee (Beverage/Mills) 2005-112 The meeting scheduled for July 18 was not held. Meeting scheduled for September 19, 4:00 p.m. In the future, meetings for MWDOC Ad Hoc and OCWD Ad Hoc will be scheduled one per month in alternate months. INTERGOVERNMENTAL MEETINGS 13. a. Yorba Linda City Council, July 19. (Summerfield) Director Summerfield reported Item 10 was a public hearing to establish sewer maintenance charges for 2005-2006 at $19.40 per parcel. Empire Pipe Cleaning was the firm involved. A gentleman from the Fire Department spoke about the fires in the hills on July 5. If you call 911 on your cell phone, you will get San Bernardino CHP. It is best to program the Brea Police Department number into your cell phone. There was a fatality the week before the meeting in the groundwater recovery operations. There was some controversy about funds paid to a facilitator. b. MWDOC Board, July 20. (Staff) No one attended. c. OCWD Board, July 20 (Staff) No one attended. d. Yorba Linda Planning Commission, July 27 (Armstrong) Director Armstrong reported there was nothing of concern to the District. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after July 28, 2005. Agenda is available in the District office prior to meeting. August Public Information Committee, August 1, 4:00 p.m. Summerfield/Beverage Yorba Linda City Council, August 2, 6:30 p.m. Armstrong MWDOC/MWD Joint Workshop, August 3, 8:30 a.m. Staff OCWD Board, August 3, 5:00 .m. Staff Planning-Engineering-Operations Comm, August 4, 4:00 p.m. Armstron /Summerfield WACO, August 5, 7:30 a.m. Mills Personnel-Risk Management Committee, August 8, 4:00 p.m. Collett/Mills Finance-Accounting Committee, August 9, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, August 10, 6:30 p.m. Mills Executive-Admin-Organizational Committee, August 16, 4:00 p. M. Beverage/Armstrong Yorba Linda City Council, August 16, 6:30 p.m. Summerfield MWDOC Board, August 17, 8:30 a.m. Staff 2005-113 OCWD Board, August 17, 5:00 p.m. Staff Yorba Linda Planning Commission, August 24, 6:30 p.m. Armstrong September Plan nin -En ineerin -O erations Committee, Sept. 1, 4:00 .m. Armstron /Summerfield WACO, September 2, 7:30 a.m. Mills Public Information Committee, September 5, 4:00 .m. (Holiday) Summerfield/Bevera e Yorba Linda City Council, September 6, 6:30 p.m. Collett MWDOC/MWD Joint Workshop, September 7, 8:30 a.m. Staff OCWD Board, September 7, 5:00 .m. Staff Personnel-Risk Management Committee, September 12, 4:00 p.m. Collett/Mills Finance-Accounting Committee, September 13, 4:00 .m. Mills/Collett Yorba Linda Planning Commission, September 14, 6:30 p.m. Mills Executive-Admin-Or anizational Committee, Sept. 20, 4:00 .m. Beverage/Armstrong Yorba Linda City Council, September 20, 6:30 p.m. Summerfield MW DOC Board, September 21, 8:30 a.m. Staff OCWD Board, September 21, 5:00 .m. Staff MWDOC Ad Hoc Committee, September 26, 4:00 p.m. Beverage/Armstrong Yorba Linda Planning Commission, September 28, 6:30 p.m. Armstrong indicates this person is substituting for the committee member. CONFERENCES AND SEMINARS 14. 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 The Board of Directors adjourned to Closed Session at 11:37 a.m. All Directors were present. Also present were: General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. ADJOURN TO CLOSED SESSION 6. d. 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. RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 11:44 a.m. CLOSED SESSION REPORT On a motion by Director Summerfield, seconded by Director Collett, the Board of Directors voted 4-0 to submit a claim form to OCWD and to submit the water production statement for six months. 2005-114 ADJOURNMENT On a motion by Director SummerField, seconded by Vice President Armstrong, the Board of Directors voted 4-0 to adjourn at 11:55 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, August 11, 2005 at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda, CA 92886. a r, 'D" - Michael A.-Payne Secretary/General Manage