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HomeMy WebLinkAbout2005-09-08 - Board of Directors Meeting Minutes2005-131 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 8, 2005, 8:30 A.M. The September 8, 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 Arthur G. Kidman, General Counsel Kenneth Vecchiarelli, Asst. G.M. Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Amelia Cloonan, Admin Secretary Stacy Bavol, Customer Service Supervisor Leon de Los Reyes, Water Quality Engineer Earl Hamanaka, Engineering Tech II VISITORS PRESENT Timothy Hoban, Regional Counsel, Toll Brothers Richard Slade, Richard C. Slade & Associates LLC SPECIAL RECOGNITION AND PRESENTATIONS Assistant General Manager Vecchiarelli introduced Earl Hamanaka, Engineering Technician II. He was recognized for thirty years service to the Yorba Linda Water District. Item 3 was removed from the Consent Calendar by President Beverage due to a financial conflict of interest. CONSENT CALENDAR (Items 1 through 4) On a motion by Vice President Armstrong, seconded by Director Summerfield, 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 August 25, 2005. Recommendation: Approve minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $783,126.29. 4. Declaration of Restrictive Covenants Tract No. 16314. Recommendation: Authorize the President and Secretary to execute the Declaration of Restrictive Covenants, subject to approval as to form by General Counsel, with Toll Brothers, Inc., Job No. 200402. -1- 2005-132 On a motion by Director Summerfield, seconded by Director Collett, the Board of Directors voted 4-0-1, with President Beverage abstaining, to approve Consent Calendar Item 3. 3. Quarter Horse Reservoir Expansion - Fencing and Landscaping Recommendation: That the Board of Directors Approve Progress Payment No. 1 in the amount of $42,969.78 to Schuler Engineering Corporation for the Quarter Horse Reservoir Expansion, Job No. 200316. The Board of Directors adjourned to Closed Session at 8:35 a.m. All Directors were present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli and General Counsel Kidman. ADJOURN TO CLOSED SESSION 5. a. Conference with Legal Counsel regarding anticipated litigation. (Justification for Closed Session is Government Code Section 54956.9(b)) (two cases) 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. c. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6, Yorba Linda Water District Employees Association, employee organization, and Ken Vecchiarelli, YLWD designated representative. RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 9:25 a.m. Stacy Bavol, Lee Cory, Amelia Cloonan, Leon de los Reyes, Timothy Hoban and Richard Slade rejoined the meeting. CLOSED SESSION REPORT There was no Closed Session report. President Beverage asked Tim Hoban if he wished to address the Board. Mr. Hoban introduced Richard C. Slade, President of Richard C. Slade & Associates LLC. Mr. Slade was involved with Well No. 18 in 2002. The technical specifications for construction released in Spring 2002 talked about pumping capacity of 2000 gpm. Testing was performed in April and May 2002. Rates ranged from 2000 to 3000 gpm. A detailed summary of the operations report was provided in June 2002. It was recommended that Well No. 18 be placed on line with maximum pumping of 2200 gpm. He has become aware the District is looking at some drawdown reports on Well 18 and would appreciate copies of the report when completed. Lori Epperson, Court Reporter, joined the meeting. At 9:30 a.m. Tim Hoban, speaking on behalf of Vista del Verde, wanted to reiterate the request for issuance of the remaining permits for Village III. The request to agendize this item -2- 2005-133 before the Board has not yet happened. They have provided to the Board and the Board Secretary a thorough explanation of their right to those permits. Mr. Hoban reiterated Vista del Verde's objection to withholding the permits based on problems with Well 18. There have been no results from the testing. The District has the obligation to conduct the tests promptly and issue permits promptly. The well was completed over a year ago. Lastly, under the 2004 temporary credit capacity agreement between Vista del Verde and the District, the District agreed completion of Well 18 would not be a requirement for construction of Village III. Apparently the District is utilizing Well 18 for just that purpose. Mr. Hoban stated he would appreciate the opportunity for questions from the Board now or after Item 8 on the agenda. President Beverage thanked Mr. Hoban ACTION CALENDAR 6. Consider an Amendment to the Consultants Agreement with Parsons Water & Infrastructure, Inc. for the Bastanchury Reservoir and Booster Station replacement project. Assistant General Manager Vecchiarelli presented the report. The purpose of this item is to move forward with the next step in design of the Bastanchury Booster Station, sodium hypochlorite disinfection system, multi-zone pressure reducing station and first two bays of a reservoir. Parsons has been on board since the District decided to look at the optimization plan. The design fee is a bit less than 5% of project construction with an additional 10% for construction management and inspection. Grading for a retaining wall is also being done. Estimates for this project include some funding from Vista del Verde and obligations with Hover Development. The breakdown is not yet available. Roughly speaking the project is a little over 35% developer funded with the rest from the District. The PEO Committee discussed this item at its meeting September 1 and fully supports the motion. A liquidated damages clause is part of our normal agreement setting a daily rate. The project has been coordinated between all parties involved including Lennar, Hover, Toll Brothers, Schuler, Parsons and Artukovich. On a motion by Vice President Armstrong, seconded by Director Mills, the Board of Directors voted 5-0 to authorize the President and Secretary to execute Amendment No. 1 to the Consultant's Agreement with Parsons Water and Infrastructure, Inc. in an amount of $1,689,458 subject to review as to form by General Counsel for the design, construction management, inspection and construction, geotechnical and survey services for the Bastanchury Reservoir and Booster Station Job No. 200505. -3- 2005-134 7. Memorandum of Understanding and Pay Plan for the Bargaining Unit Employees. General Manager Payne presented the report. Director Summerfield asked that Exhibit "A" language be made clearer to indicate the District would pay 2/3rds of health care coverage costs. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors on a Roll Call voted 5-0 to adopt Resolution No. 05-07 Adopting the Memorandum of Understanding and Pay Plan between the District and the Yorba Linda Water District Employees Association for the period of July 1, 2005 through June 30, 2006 and to rescind Resolution No. 03-01. DISCUSSION ITEM 8. Well No. 18 analysis and testing of pumping capacity influence on Richfield wells. Assistant General Manager Vecchiarelli stated he had sent the report of this Item to the Board members yesterday by fax. The purpose of Item 8 is to answer the question about whether there had ever been any doubt about Well 18 being additional capacity. In August, September and October 2002, Well 18 operated extremely well, but it was operating individually. Well 18 was not meant to replace a well at the plant but to supplement demands of a new area of newly annexed land. The District needed to upgrade a booster station to 2000 gpm. What is in question is what are the effects when we need to run the system under high demands. The District brought CDM into the picture to satisfy drinking water requirements and to determine drawdown influence between the wells. This work and analysis work is in progress. There was a question about in lieu water. Mr. Vecchiarelli responded the District is off in lieu water effective 7:00 a.m. September 6. The District may go off in lieu for a week or a month. In lieu helps both locally and regionally. The District has proven over the last few months that it can go on and off the program when asked to do so. Director Mills commented the main issue is OCWD's recharge facilitiy is maxed out. This is a regional opportunity to bring the basin back to reasonable levels. President Beverage stated the agreement on Well 18 was with SWEPI. Assistant General Manager Vecchiarelli added Leon de Los Reyes is our contact with CDM. They are fitting our specific information into a specific model. Tim Hoban requested the opportunity to respond to whatever report is provided by CDM. He wants a response to his request that this item be agendized. President Beverage replied that Mr. Hoban could respond to Item 8 at the next Board meeting for five minutes during public comment. The Board would not agendize the item at this time. -4- 2005-135 REPORTS. INFORMATION ITEMS AND COMMENTS 9. a. President's Report There was no report. b. Directors Reports Vice President Armstrong noted there were two remotely located fires of a suspicious nature. He wants to bring to staff's attention that Highland may not be an isolated incident. c. General Managers Report General Manager Payne notified the Directors about a tragic incident. Assistant General Manager Vecchiarelli gave an update. On Tuesday, August 30, one of the laborers working for Artukovich was killed while working on the project. The accident occurred when a plate was out of the trench. The OSHA investigation is on going. Work on the project moved forward two days after the accident. General Manager Payne reported there was a water main break on Ohio Street early this morning. Operations Manager Cory stated the line was from the 1930's. The fire department notified the District. Tree roots were involved. There was 75-80 pounds of pressure at the time of the break. A lot of water went into a sewer line, but one residence was impacted when their sewer lateral backed up. The line is repaired. Ken Vecchiarelli reported the break was in a cast iron line that had not been relined. These pipelines need to be replaced. General Manager Payne attended the OCWD Board meeting. It was a workshop on annexation. The material is available for review. Tim Hoban and Richard Slade left the meeting at 10:06 a.m. d. General Counsel's Report There was no report. COMMITTEE REPORTS 10. a. Executive-Administrative-Organizational Committee (Beverage/Armstrong) Meeting scheduled for September 20, 4:00 p.m. The October 18 meeting was rescheduled to October 3 at 4:00 p.m. b. Finance-Accounting Committee (Mills/Collett) Meeting scheduled for September 13, 4:00 p.m. c. Personnel-Risk Management Committee (Collett/Mills) Meeting scheduled for September 12, 4:00 p.m. d. Planning-Engineering-Operations Committee (Armstrong/Summerfield) Minutes of meeting held Sept. 1 will appear in the agenda of Sept. 22. Assistant Manager Vecchiarelli said staff came to the committee with another aggressive project the District is moving forward on right now with our consultant Tetra Tech. -5- 2005-136 Meeting scheduled for October 6, 4:00 p.m. (Armstrong/Beverage*) e. Public Information Committee (Summerfield/Beverage) Minutes of the meeting held August 29 appeared in the agenda. The meeting of October 3 was rescheduled to September 14, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Minutes of the meeting held August 5 appeared in the agenda. A meeting was scheduled for September 21 at 4:00 p.m. Vice President Armstrong is involved with National Arbor Day. He has the offer of ten trees. He asked these be delivered to the District. g. MWDOC Ad Hoc Committee (Beverage/Armstrong) A meeting is scheduled for September 26, 2005. INTERGOVERNMENTAL MEETINGS 11. a. Yorba Linda City Council, September 6. The meeting was not held. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after September 8, 2005. Agenda is available in the District office prior to meeting. SPntPmher WACO, Se tember 9, 7:30 a.m. 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 .m. Mills (Armstron * Executive-Admin-Or anizational Committee, Sept. 20, 4:00 .m. Bevera a/Armstron Yorba Linda City Council, September 20, 6:30 .m. Summerfield MWDOC Board, September 21, 8:30 a.m. Staff OCWD Board, September 21, 5:00 .m. Staff MWDOC Ad Hoc Committee, September 26, 4:00 .m. Beverage/Armstrong Yorba Linda Planning Commission, September 28, 6:30 .m. Armstrong Mills * Ontnher Executive-Admin-Or anizational Committee, October 3, 4:00 p.m. Beverage/Armstrong Yorba Linda City Council, October 4, 6:30 .m. Collett Plan nin -En ineerin -O erations Committee, October 6, 4:00 p.m. Armstrong/Beverage MWDOC/MWD Joint Workshop, October 5, 8:30 a.m. Staff OCWD Board, October 5, 5:00 p.m. Staff WACO, October 7, 7:30 a.m. Mills Personnel-Risk Management Committee, October 10, 4:00 .m. Collett/Mills Finance-Accounting Committee, October 11, 4:00 p.m. Mills/Collett Yorba Linda Planning Commission, October 12, 6:30 .m. Mills Yorba Linda City Council, October 18, 6:30 .m. Summerfield -6- 2005-137 MWDOC Board, October 19, 8:30 a.m. Staff OCWD Board, October 19, 5:00 .m. Staff Yorba Linda Planning Commission, October 26, 6:30 .m. Armstrong l maicates tnis person is suostituting for tree committee member. General Manager Payne asked Board Members to leave a phone number or fax were they can be reached. CONFERENCES AND SEMINARS 12. 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. ADJOURNMENT On a motion by Director Collett, seconded by Vice President Armstrong, the Board of Directors adjourned at 10:25 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, September 22, 2005 at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda, CA 92886. M l ael A: ayne Secretary/General Manag r -7- 2005-138