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HomeMy WebLinkAbout2006-08-10 - Board of Directors Meeting Minutes2006-119 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 10, 2006 The August 10, 2006 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President Paul R. Armstrong at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. DIRECTORS PRESENT AT ROLL CALL Paul R. Armstrong, President Ric Collett, Vice President Michael J. Beverage 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 Diane Cyganik, Finance Director Michael Robinson, Asst. Administrator Amelia Cloonan, Admin Secretary DIRECTORS ABSENT AT ROLL CALL None INTRODUCTION OF VISITORS AND PUBLIC COMMENTS None SPECIAL RECOGNITION None President Armstrong and Director Beverage requested that item 3 be pulled from the Consent Calendar for discussion. CONSENT CALENDAR (Items 1 through 5) On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors voted 5-0 to approve Consent Calendar items 1, 2, 4 and 5. 1. Minutes of the Regular Board of Directors meeting held July 27, 2006. Recommendation: Approve the minutes as presented. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $735,423.65. 4. Terms and Conditions for Sewer Service for Ryan and Alexandra Vanderhook, 18793 Deville Dr., Yorba Linda. Recommendation: Approve Terms and Conditions for Sewer Service for Ryan and Alexandra Vanderhook, 18793 Deville Dr., Yorba Linda, Job. No. 200621. 2006-120 5. Geotechnical Services for Cast Iron Replacement and Sewer Projects. Recommendation: Approve a Professional Services Agreement with Leighton Consulting, Inc., in the amount of $29,500 for technical engineering support services for the Cast Iron Replacement Project and various sewer improvement projects, Job Nos. 200407, 200515, 200603 and 200604. 3. Terms and Conditions for Water Service for John Force, 20650 Travis Rd., Yorba Linda, Job No. 200622. Director Beverage commented this is a large property. An extra fire hydrant is being installed. President Armstrong asked about Item 21 where it states the water district will maintain the on-site water facility. Assistant General Manager Vecchiarelli stated the District will maintain the fire hydrant up to the end of Travis Road. The owner will have a pump house. On a motion by Director Beverage, seconded by Vice President Collett, the Board of Directors voted 5-0 to refer the Terms and Conditions for Water Service with John Force for 20650 Travis Rd., Yorba Linda, Job No. 200622, to the Planning-Engineering-Operations Committee for clarification. The Board of Directors adjourned to Closed Session at 8:38 a.m. All Directors were present. Also present were General Manager Payne, Human Resources Manager Knight and General Counsel Kidman. ADJOURN TO CLOSED SESSION 6. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6) Yorba Linda Water District Employees Association, employee organization and Michael Payne, General Manager and Gina Knight, Human Resources Manager, YLWD designated representatives. 7. Conference with Labor Negotiator. (Justification for Closed Session is Government Code Section 54957.6) Yorba Linda Water District Management, Supervisory, Confidential group and Michael Payne, General Manager and Gina Knight, Human Resources Manager, YLWD designated representatives. Human Resources Manager Knight left the Closed Session at the conclusion of Item 7. 8. 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)) Stuart Glenn, et al vs. City of Yorba Linda and Yorba Linda Water District, Orange County Superior Count Case No. 060000083. General Manager Payne and General Counsel Kidman left the Closed Session at the conclusion of Item 8. General Manager Payne rejoined the Closed Session at 10:40 a.m. 9. Performance Evaluation: General Manager. (Justification for Closed Session is Government Code Section 54957). -2- 2006-121 RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 10:58 a.m. Ken Vecchiarelli, Lee Cory, Amelia Cloonan and Art Kidman rejoined the meeting. CLOSED SESSION REPORT There was no Closed Session report. ACTION CALENDAR 10. Resolution 06-04 Establishing Policies and Procedures in Accordance with SB 1087 Concerning Available Water for Affordable Housing. (Continued from the Board of Directors meeting held July 13, 2006.) General Manager Payne presented the report. The resolution was prepared by General Counsel Kidman who stated the District policy is not to discriminate against anyone. Resolution 06- 04 complies with the requirement to have a policy in place. On a motion by Director Mills, seconded by Director Summerfield, the Board of Directors, on a Roll Call, voted 5-0 to adopt Resolution 06-04 Establishing Policies and Procedures in Accordance with SB 1087 Concerning Available Water for Affordable Housing. 11. Report on Water and Sewer Reporting Requirements. General Manager Payne presented the report. A ruling on Proposition 218 was issued subsequent to the last Board meeting. General Counsel Kidman stated the bottom line is that if the District is to comply with Prop 218 as interpreted by a recent court decision, it is impossible to adopt rate increases across the board as proposed at the last Board meeting. In order to avoid not receiving an increase from Locke Ranch, the District must pass Resolution 06-05. The problem is how to give notice in the future. Any rate increase requires notice of public hearing be mailed to record owner of property for every parcel subject to the fee. With respect to sewer, it is very complex to determine who should receive the notice. The legislature interpreted the record owner of property to be the one shown on the last equalized assessment roll, which presents a problem for the District in matching up who is required to receive notice. Using the utility user list may be considered to substantially comply with the law. The increase could be instituted next July 1. The District could then make up for the losses incurred in the sewer fund over a period of time. There is a question about putting in automatic increases in the future. Recommendation: This is an information only item. No action required or taken at this time. -3- 2006-122 PUBLIC HEARING 12. Locke Ranch Sewer Rates for FY 2006-2007. 1. The President opened the Public Hearing at 11:23 a.m.. 2. The Secretary provided proof of public hearing notice, correspondence and/or petitions. 3. There was no report by the Finance Director. 4. There was no testimony from the public. 5. The President closed the public hearing at 11:24 a.m. 6. Discussion. General Manage Payne presented a revised Agenda report with the rates as they are presently structured. Director Mills reported the committee discussed the Locke Ranch sewer rates at length. Their recommendation is to go forward to set the rates for one year and bring the matter back next year. On a motion by Director Beverage, seconded by Vice President Collett, the Board of Directors, on a Roll Call, voted 5-0 to adopt Resolution No. 06-05 adopting the Locke Ranch Sewer Rates for FY 2006-2007 and rescinding Resolution No. 05-05. REPORTS, INFORMATION ITEMS AND COMMENTS 13. a. President's Report The President had nothing to report. b. Directors Reports Director Summerfield stated he would attend the Colorado River tour in October. c. General Managers Report General Manager Payne asked staff to report on Well 19. Assistant General Manager Vecchiarelli reported contractors have begun construction of Well 19, expected to take 9-12 months. The District has tied up right of entry to the Etchandy #2 Well (Lakeview). The contractor should be commencing work, and a hydrogeologist will make recommendations on whether to spend time and money doing a pump test. The well would not be a good producer for continual use, but there is the potential to use it as a monitoring well. General Manager Payne reported a meeting has been scheduled for August 21 between the District and Dennis Smith and Mike Bailey of the Placentia-Yorba Linda Unified School District to discuss pre-annexation issues. The cancer Relay for Life starts Friday at 5:00 p.m. The contract with OC Advocacy Group has been renegotiated for half the original cost while the District is going through annexation issues. d. General Counsel's Report General Counsel Kidman had nothing to report. -4- 2006-123 COMMITTEE REPORTS 14. a. Executive-Administrative-Organizational Committee (Armstrong /Collett) Alternate: Beverage 1) Meeting scheduled for August 15, 4:00 p.m. b. Finance-Accounting Committee (Collett/Mills) Alternate: Summerfield 1) Meeting scheduled for August 14, 4:00 p.m. c. Personnel-Risk Management Committee (Beverage/Summerfield) Alternate: Collett 1) Minutes of meeting held August 8 will appear in the agenda of August 24. Director Beverage reported the Committee discussed: the ACWA/JPIA Liability Insurance Deposit Premium for the period October 1 2006 through September 30, 2007, a status report on recruitments and liability claims, a status report on the meet and confer process with the Bargaining Unit, Supervisory & Confidential and Management employees. 2) Meeting scheduled for September 12, 4:00 p.m. d. Planning-Engineering-Operations Committee (Summerfield/Mills) Alternate: Armstrong 1) Minutes of meeting held August 3. As an information item, staff discussed a proposal for upgrading the local water distribution system with the Linda Garden Apartment Rehabilitation Project. A Professional Services Agreement with Leighton Consulting, Inc. for geotechnical engineering services was discussed. FFDCA's with Shapell Industries were not ready for consideration. A status report on the meter replacement project, capital improvement projects status report and in-lieu production status report were presented. Staff reported on the Avocado pipeline replacement. Director Summerfield reported a non-profit group bought the Linda Garden Apartments. The city and the non-profit group are preparing to rehab the units. There are some very old pipes in the area. There was a question about whether the District would have an interest in replacing the old pipes. Assistant General Manager Vecchiarelli reported staff suggested the old pipelines located around the property be put out of service. There is a loop on the property. The PEO Committee recommended further discussions with the City of Yorba Linda and the project sponsor. Director Summerfield stated when the city rehabbed the units across from the District office, the District did not to any improvements. -5- 2006-124 2) Meeting scheduled for September 7, 4:00 p.m. 1) Public Information Committee (Mills/Collett) Alternate: Summerfield 2) Minutes of meeting held August 7 will appear in the agenda of August 24. The committee discussed an Action Item: Reporting requirements for future water and sewer rate adjustments. Standing items covered included status reports on: District public information activities, the Smartimer rebate program, MWDOC School program and a review of an article for West Coast magazine. Director Mills reported the District facilities tour is scheduled for September 16. 3) Meeting of September 4 will need to be rescheduled. f. Building Ad Hoc Committee (Beverage/Summerfield) Alternate: Collett 1) Meeting scheduled for August 17, 4:00 p.m. g. MWDOC Ad Hoc Committee (Armstrong/Beverage) Alternate: Mills 1) Meeting scheduled for August 22, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 15. a. Yorba Linda City Council, August No one attended as there were District. no items on the agenda of import to the b. MWDOC -The Politics of Funding Water Infrastructure, August 1 Director Mills attended. California State Senator Dick Ackerman was the speaker. About 160 people from Orange County, Riverside and the Inland Empire water districts were in attendance. c. MWDOC Member Relations Committee, August 3 General Manager Payne attended. The LAFCO MSP process was the issue. There is a push for MWDOC to define core business. The issue of MWDOC's desalter came up. Assistant General Manager Vecchiarelli attended a stake holder meeting for OCWD on August 9. LAFCO wanted input on how OCWD is doing. There is a chapter in the MSR addressing future annexations. d. City of Placentia Planning Commission, August 8 Assistant General Manager Vecchiarelli attended this meeting. Item 2 on the agenda was for the new administration building, which was approved. -6- 2206-125 e. Yorba Linda Planning Commission, August 9 No one attended. Director Mills gave a report on his attendance at the American Membrane Technology Association meeting. There were 600 attendees. They had a panel that gave an update on all sea water conversion projects. There are ten project, seven of which are in the planning stage and three of which are under Poseidon. MWD has been doing pilot work on large diameter membranes. A big issue to solve is what to do with the brine. In thinking about our wells along the river, Prop 50 planning grants could be applied for to build a well and some facilities to reduce salinity. This should be placed on a committee agenda to consider how the District might proceed. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after August 10, 2006. Agenda is available in the District office prior to meeting. August Finance-Accounting Committee, August 14, 4:00 .m. Collett/Mills Executive-Admin-Or anizational Committee, August 15, 4:00 p.m. Armstrong/Collett Yorba Linda City Council, August 15, 6:30 .m. Summerfield MWDOC Board, August 16, 8:30 a.m. Staff OCWD Board, August 16, 5:00 p.m. Staff Building Ad Hoc Committee, August 17, 4:00 .m. Bevera a/Summerfield MWDOC Ad Hoc Committee meeting, August 22, 4:00 .m. Armstrong/Beverage Yorba Linda Planning Commission, August 23, 6:30 .m. Mills/ Alt. Summerfield September WACO, September 1, 7:30 a.m. Mills Public Information Committee (Labor Da Holiday - September 4) Mills/Collett Yorba Linda City Council, September 5, 6:30 .m. Collett/ Alt. Summerfield MWDOC/MWD Joint Workshop, September 6,8:30 a.m. Staff OCWD Board, September 6, 5:00 .m. Staff Planning-Engineering-Operations Committee, Sept 7, 4:00 p.m. Summerfield/Mills Finance-Accounting Committee, September 11, 4:00 .m. Collett/Mills Personnel-Risk Management Committee, Sept. 12, 4:00 .m. Bevera e/Summerfield Yorba Linda Planning Commission, September 13, 6:30 p.m. Mills//Alt. Summerfield Executive-Admin-Or anizational Committee, Sept. 19, 4:00 .m. Armstrong/Collett Yorba Linda City Council, September 19, 6:30 p.m. Collett/ Alt. Summerfield MWDOC Board, September 20, 8:30 a.m. Staff OCWD Board, September 20, 5:00 p.m. Staff Building Ad Hoc Committee, September 21, 4:00 .m. Bevera a/Summerfield Yorba Linda Planning Commission, September 27, 6:30 .m. Mills/ Alt. Summerfield -7- 2006-126 CONFERENCES AND SEMINARS 16. 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. 13th Annual Urban Water Conference, August 27-29, presented by the Urban Water Institute, Inc. b. ISDOC Quarterly Meeting. "What Can CSDA Do For You?, Thursday, August 31, 11:30 a.m.-1:00 p.m. Director Mills and Assistant General Manager Vecchiarelli will attend. c. California Special Districts Association Annual Conference, September 25-28. ADJOURNMENT On a motion by Director Beverage, seconded by Director Summerfield, the Board of Directors voted 5-0 to adjourn at 12:12 p.m. to a regular meeting of the Board of Directors scheduled for Thursday, August 24, 2006, at 8:30 a.m., at 4622 Plumosa Drive, Yorba Linda 92886. ichael A. Payne, Secre ry -8-