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HomeMy WebLinkAbout2004-01-22 - Board of Directors Meeting Minutes2004-07 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING January 22, 2004 8:30 A.M. The January 22, 2004 meeting of the Yorba Linda Water District Board of Directors was called to order by President William R. Mills at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors Present at Roll Call William R. Mills, President Michael J. Beverage, Vice President Paul R. Armstrong Arthur C. Korn John W. Summerfield Staff Present: Michael A. Payne, General Manager Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Amelia Cloonan, Administrative Secretary Visitors present: Brett Barbre, President, MWDOC Board Mr. Barbre reported the Metropolitan Water District rebate was discussed at the MWDOC ad hoc committee meeting. A tour of the Colorado River is planned for February 4-6. The Delta/Oroville water tour is scheduled for April 24-25. Director Beverage asked why the District did not again receive advance notice of MWDOC's Education Program conducting programs within the YLWD boundaries. Mr. Barbre responded there have been problems, and they are looking at outsourcing to the Discovery Science Center. President Mills suggested putting the Education Program matter on the next MWDOC ad hoc committee agenda. General Counsel Arthur G. Kidman entered the meeting at 8:35 a.m. Michael A. Payne, General Manager, asked President Barbre what the MWDOC Board of Directors decided about the 7-day shutdown policy. Mr. Barbre responded the shutdown will be seven days. Under the Metropolitan Water District code, all member agencies are required to be able to go without water for seven days. A dry run is scheduled for January 27. CONSENT CALENDAR Director Korn renewed his objection to the language in item 2. On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve the Consent Calendar. 1. Approve minutes of regular meeting January 8, 2004. -1- 2004-08 2. Authorize directors to leave the State of California prior to next meeting. 3. Approve disbursements of $1,373,606.04. 4. Approve Progress Payment No. 7 in the net amount of $322,082.59 to Pascal and Ludwig Constructors for construction of the Well No. 15 and Well No. 18 Improvements and the Richfield Plant On-Site Sodium Hypochlorite Generation (OSHG) and Disinfection System Projects, Job Nos. 200209, 200104 and 200207 respectively. 5. Approve Progress Payment No. 2 in the net amount of $277,851.80 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion, Job No. 0316. ACTION CALENDAR 6. Consider acceptance of the financial statements for five months ended November 30, 2003. The item was opened for discussion on a motion by Director Armstrong, seconded by Vice President Beverage. Beverly Meza, Business Manager, presented the report. Questions were asked about the apparent loss of $1.1 million last month, booking the Metropolitan Water District refund, the appearance that water sales are down and variable operating costs are up. The Board of Directors voted 5-0 to accept the Financial Reports for five months ended November 30, 2003. 7. Consider Terms and Conditions for Water and Sewer Service with Toll Brothers. The item was opened for discussion on a motion by Vice President Beverage, seconded by President Mills. Kenneth Vecchiarelli, Engineering Manager, presented the report. The biggest problem staff is dealing with is the leap frog effect of the gap the developer has crossed. Water transmission systems supplying Village III were originally master planned through Village IV, which is currently occupied by operational oil wells. This development is separated between the District's Pressure Zones 3 and Zone 4. The developer has requested the District allow the construction of in-tract water and sewer facilities ahead of phasing agreement modifications that would provide a bridge to the service gap. Mr. Vecchiarelli outlined the preparations of the developer for moving forward. Mr. Dean Pernicone, Shea Homes, entered the meeting at 8:48 a.m. Ken Vecchiarelli explained storage, the FFDCA for Zones 3 and 4 transmission pipelines, the extension of Zone 4, and bridging of the gap between Villages III and IV. Low pressure concerns was discussed. There are 20 lots with elevations at or near 100 feet below the reservoir's high water level. The 100-feet minimum HGL was established in the phasing agreement for the Vista del Verde development. Approximately twenty five homes may have booster pumps for both landscaping and augmented home pressure. Twenty psi is required by the State of California for fire hydrants, and pumper trucks boost the pressure higher. -2- 2004-09 Brett Barbre left the meeting at 9:02 a.m. A question was asked about notice to homeowners. The District requires the developer to provide legal notice. When a document is recorded and made part of the chain of title, the homeowner is on notice and they need to inquire. If the title company doesn't pick up the information, they are liable. Kenneth Vecchiarelli said backflow devices must be tested yearly. The District sends out an annual notice including a list of certified testers. A homeowner selects a tester. The tester sends the report to the District. The District charges an administrative fee for this program. The Board of Directors voted 5-0 to approve Terms and Conditions for Water and Sewer Service with Toll Brothers, Inc. for Tract No. 16315 (Vista Del Verde Planning Area "L"), Job No. 0325. 8. Consider Water Transmission Pipeline in Vista Del Verde, Village III. The item was opened for discussion on a motion by Director Armstrong, seconded by Vice President Beverage. There were questions about the oversizing of the piping, the allocation of costs, the hiring of Keith Companies at the developer's request where public funds are involved, and why competitive bidding did not take place. Kenneth Vecchiarelli, Engineering Manager, said it was the District's estimation that hiring Keith Companies was more efficient and would save staff time by extending their current design effort up Lakeview Avenue, since this project was an extension to the current contract. The Board of Directors voted 5-0 to approve the following items related to Zone 4 Lakeview Avenue Water Transmission Pipeline in Village III of the Vista Del Verde Development, Job No. 0401: 1) Increase the diameter of the pipeline from 16 to 36 inches within the existing extension of Lakeview Avenue north of Bastanchury Road (approximately 1,200 linear foot); and 2) Authorize the President and Secretary to execute the Facility Finance, Design and Construction Agreement (FFDCA) with Shell Western E&P, Inc., L.P. (SWEPI, L.P.); and 3) Authorize the General Manager to execute a Consultants Agreement with The Keith Companies for the engineering design, construction management and inspection services for this project. GENERAL MANAGER'S REPORT 9. General Manager's oral report and comments. a) General Counsel Kidman had nothing to report. -3- 2004-10 b) State of the District. Michael Payne, General Manager, reported he gave a State of the District presentation to the employees on January 13. A meeting with the managers and supervisors is scheduled for January 22 at 2:00 p.m. to set out plans for the coming year. c) District's website. Michael Payne, General Manager, distributed charts showing the number of times the District's website is activated and opened. Dean Permcone, Shea Homes, left the meeting at 9:29 a.m. d) ACWA Spring conference May 5, 6, 7, 2004, Monterey, CA. President Mills stated he will attend the conference. Director Summerfield may attend. e) District activities. There was no report. A recess was declared at 9:30 a.m. The Board reconvened at 9:42 a.m. with all Directors present. COMMITTEE REPORTS 10. Executive-Administration Committee (Mills/Beverage) Report of meeting January 20, 2004, 4:00 p.m. The items discussed were the Board of Directors committee agenda formats, Board of Directors goals workshop format, Administrative management reorganization, Board of Directors meeting location, and the State of the District speech by the General Manager. March 4 is the tentative date for the Board Goals Workshop from 8 a.m. to 12 noon. The name of Bob Rausch was mentioned as facilitator. The facilitator would contact the Board members prior to the meeting. Vice President Beverage asked that the facilitator send a sheet out to the Directors before he calls them so specifics can be prepared in advance. 11. Finance-Accounting Committee (Korn/Summerfield) Summary minutes of meeting held January 13, 2004. The items discussed were the contract with Moreland & Associates, investments, and legislative advocate. Michael Payne, General Manager, reported Barry Brokaw of Sacramento Advocates will attend the Board meeting on February 26. 12. Personnel-Risk Management Committee (Summerfield/Mills) Summary minutes of meeting held January 12, 2004. The items discussed were the ACWA/JPIA Property Insurance, update to the YLWD Emergency Response Plan, health insurance premium increases, recruitment status, risk management claims, and the State of the District message. Director Summerfield reported the Richfield Road improvement was discussed in connection with risk management claims. -4- 2004-11 13. Planning-Engineering-Operations Committee (Beverage/Armstrong) Summary minutes of meeting held January 16, 2004. The items discussed were sewer grants, Grandview sewer main extension, Vista del Verde - Village 3, Kellogg Drive sewer project, and capital improvement status update. Kenneth Vecchiarelli, Engineering Manager, reported he attended the Orange County Sanitation District meeting. The Cooperative Projects Program was being considered. In 2003, applications were not accepted for the program. In the program, projects are funded up to 50%. Staff will draft a set of conditions. Regarding Kellogg Drive, they have started bidding the project. 14. Public Information Committee (Armstrong/Korn) Report of meeting held January 20, 2004. Items discussed were the Public Information Plan 2004 and Waterlines newsletter. Director Korn reported the committee members received a plan of all public relations activities going on in the District. It was requested that Michael Robinson, Assistant Administrator, put a dollar amount on the line items. The committee also received a list of possible items for the Waterlines newsletter. 15. Orange County Water District Ad Hoc Committee (Mills/Beverage) Meeting scheduled for January 26, 4:00 p.m. RFP/EIR, basin percentage update. President Mills asked that the availability of replenishment water be added to the agenda. 16. MWDOC Ad Hoc Committee (Mills/Kom) Report of meeting held January 19, 4:00 p.m. The committee discussed the refund from Metropolitan Water District, water rates, Metropolitan Water District's Integrated Resources Plan, and the Metropolitan Water District shutdown. Director Korn said at the meeting they discussed the total disconnect between IRP and their current press releases that say disaster is about to fall. President Mills asked the table presented to the committee members be distributed to all the Directors. INTERGOVERNMENTAL MEETINGS 17. Yorba Linda Planning Commission, January 14, 6:30 p.m. Director Korn attended and reported the Cingular 42 foot pine tree antenna to be located on Grandview Avenue has been cancelled. 18. Yorba Linda City Council, January 20, 6:30 p.m. Director Armstrong attended and said John Taylor's suit against past and present city officials was dismissed for the most part. The grant of right of imminent domain was postponed, and the sound wall on Esperanza at the railroad tracks is going out for bid. 19. MWDOC, January 21, 9:00 a.m. Michael Payne attended and reported that Brett Barbre was nominated as President, and the planned MET shutdown was discussed. -5- 2004-12 20. OCWD, January 21, 6:00 p.m. Michael Payne attended and reported that a range on BPP of 55-66% was approved depending on availability of Metropolitan water. 66% is probable. The gardener trespassing on OCWD's property along the Santa Ana River will be allowed to stay but is required to tear down a portion of the trees to open the land to the public. 21. OCSD, January 21 Kenneth Vecchiarelli attended and reported that applications for this year will be reopened. Notices will be sent out in February accepting the applications in April. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after January 22, 2004. Agenda is available in the District office prior to meeting. Yorba Linda Planning Commission, January 28, 6:30 p.m. ISDOC Membership, January 29, 11:30 a.m. ISDOC Board, February 3, 7:30 a.m. Yorba Linda City Council, February 3, 6:30 p.m. MWDOC/MWD Workshop, February 4, 8:30 a.m. OCWD, February 4, 5:00 p.m. WACO, February 6, 7:30 a.m. Yorba Linda Planning Commission, February 11, 6:30 p.m. Yorba Linda City Council, February 17, 6:30 p.m. MWDOC, February 18, 9:00 a.m. OCWD, February 18, 5:00 p.m. Yorba Linda Planning Commission, February 25, 6:30 p.m. ISDOC Board, March 2, 7:30 a.m. Yorba Linda City Council, March 2, 6:30 p.m. MWDOC/MWD Workshop, March 3, 8:30 a.m. OCWD, March 3, 5:00 p.m. WACO, March 5, 7:30 a.m. Yorba Linda Planning Commission, March 10, 6:30 p.m. Yorba Linda City Council, March 16, 6:30 p.m. MWDOC, March 17,9:00 a.m. OCWD, March 17,56:00 p.m. Yorba Linda Planning Commission, March 24, 6:30 p.m. Beverage Mills Summerfield Staff Staff Korn Armstrong Staff Staff Beverage Summerfield Staff Staff Korn Armstrong Staff Staff Beverage BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION There were no comments. A recess was declared at 10:12 a.m. The Board of Directors reconvened in closed session at 10:16 a.m. All Directors were present. Also present were General Manager Payne, Engineering Manager Vecchiarelli and General Counsel Kidman. -6- 2004-13 CLOSED SESSION 22. Discussion of pending litigation to which the District is a party, (Justification for Closed Session is Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 815921 Huntington Beach vs. OCWD, and Case No. 818852 Fountain Valley vs. OCWD. 23. Discussion of potential litigation to which the District may be a party, (Justification for Closed Session is Subsection (c) of Section 54954.2 and Subsection (b) of Section 54956.9), International Custom Enterprises. 24. Discussion of pending litigation to which the District is a party, (Justification for Closed Session is Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 11919 Gateway Pacific Contractors, Inc. 25. Discussion of pending litigation to which the District is a party (Justification for Closed Session is Subsection (b)(1) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 030005867 Peters vs. City of Yorba Linda, Southern California Edison; Yorba Linda Water District and Yorba Linda Water District vs. Southern California Edison; Cecil Maurer, Jackie Peters. The Board of Directors came out of Closed Session at 11:03 a.m. No action was taken in Closed Session. ADJOURNMENT On a motion by Vice President Beverage, seconded by Director Summerfield, the Board of Directors voted 5-0 to adjourn at 11:04 a.m. The next regular meeting of the Board is scheduled for Thursday, February 12, 2004 at 8:30 a.m., at the District Headquarters. Michael A. Payne General Manager/Secretary -7- 2004-14