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HomeMy WebLinkAbout2004-04-08 - Board of Directors Meeting Minutes2004-47 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING April 8, 2004 8:30 A.M. The April 8, 2004 meeting of the Yorba Linda Water District Board of Directors was called to order by Vice 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, Vice President Paul R. Armstrong John W. Summerfield Directors Absent at Roll Call William R. Mills, President Arthur C. Korn Staff Present: Michael A. Payne, General Manager Arthur G. Kidman, District General Counsel Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Assistant General Manager Amelia Cloonan, Administrative Secretary Rick Walkemeyer, Chief Plant Operator Dave Barmer, Maintenance Worker III Visitors present: Linda Bauermeister, Barber & Bauermeister David Peairs, Cal Water Vice President Beverage announced Items 2 and 3 would be presented before Item 1. SPECIAL RECOGNITION Michael Payne, General Manager, recognized Rick Walkemeyer, Chief Plant Operator, for earning the State of California Grade 5 Water Distribution Certificate. Michael Payne, General Manager, recognized Dave Barmer, Maintenance Worker III, for earning the State of California Grade 3 Water Distribution Certificate. Rick Walkemeyer and Dave Barmer left the meeting at 8:36 a.m. 1. David Peairs, Cal Water, addressed the Board. Mr. Peairs thanked the Board members for keeping water rates down, and he distributed a memorandum to the Board, which he proceeded to read. In summary, he asked the Board to consider: 1) scrutinizing each non- standard application considering "is it just, is it fair", and 2) making restitution to those who have been victimized by the District's policy so rates stay low. Mr. Peairs said he was not talking about a specific case. -1- 2004-48 Vice President Beverage proposed this issue be moved to the Planning-Engineering- Operations Committee meeting scheduled for April 21, and he asked that District General Counsel Kidman look the issue over and offer any opinions to General Manager Payne to pass along to the committee for discussion. Mr. Peairs is welcome to attend the meeting. General Counsel Kidman opined that the PUC does not apply to the water district, consequently the legal premise put forward by Mr. Peairs is incorrect. There are provisions in the government code. David Peairs left the meeting at 8:43 a.m. The Board of Directors went into Closed Session at 8:45 a.m. with all Directors present. Also present were General Counsel Kidman, General Manager Payne, Assistant General Manager Vecchiarelli and Linda Bauermeister of Barber and Bauermeister. 24. 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. The Board of Directors came out of Closed Session at 9:09 a.m. No action was taken in Closed Session. Linda Bauermeister left the meeting at 9:09 a.m. CONSENT CALENDAR On a motion by Director Armstrong, seconded by Director Summerfield, the Board of Directors voted 3-0 to approve the Consent Calendar. 4. Approve minutes of regular meeting March 25, 2004. Approve disbursements of $918,153.32. 6. Approve Change Order No. 3 in the amount of $42,427.29 and 20 additional calendar days and approve Progress Payment No. 10 in the net amount of $144,149.67 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 and Disinfection System, Job Nos. 200209, 200104, and 200207, respectively. 7. Approve Terms and Conditions for Water Service with Town Plaza LLC, Job No. 0405. ACTION CALENDAR 9. Consider Proposed Amendment to Terms and Conditions for Water Service with Andrew Fisher. Kenneth Vecchiarelli, Assistant General Manager, presented the report and gave background to the project. Mr. Vecchiarelli outlined which pipeline needs to be replaced. This project had previously been approved by the Board on April 24, 2003. The reason this project was brought back for Board consideration is that existing Terms and Conditions have been modified to include two new conditions. A refund for the replacement of the 10" pipeline will be included in the project. -2- 2004-49 Questions were asked about the number of existing and new fire hydrants, engineering costs, District plan checking, the 5-year plan and projects included in it, grade changes, sewer backflow devices. On a motion by Director Armstrong, seconded by Director Summerfield, the Board of Directors voted 3-0 to approve Amended Terms and Conditions for Water Service with Andrew Fisher, Job No. 0307. Note is made that the former terms and conditions are superceded by these Amended Terms and Conditions. 10. Consider Board of Directors Tour. Kenneth Vecchiarelli, Assistant General Manager, presented the report. Questions were asked, and a discussion was held. A decision was made to hold the Board Tour on April 15 at 2:00 p.m. starting at the Richfield Plant. A recess was declared at 9:29 a.m. The Board reconvened at 9:36 a.m. with all Directors present. Liviu Suciu and Don Huennekens, homeowners, entered the meeting. 8. Consider Easement Encroachment. Kenneth Vecchiarelli, Assistant General Manager, presented the report. Questions were asked, and a discussion was held. Mr. Vecchiarelli stated the staff report landed on the side of caution for the District's rights and outlined the situation with the carport and garage. 10 feet of the garage is within the District's easement, and there is a retaining wall on the other side of the pipeline. The City of Yorba Linda Planning Department was aware of the easements, but the property owner failed to identify them on the constriction plans that were approved by the City. Mr. Vecchiarelli stated the retaining wall can stay in place but must be recorded under a declaration of restrictive covenants. The garage structure should be removed. General Manager Payne stated if the District experienced a sewer break in this area, there would be the dilemma of removing the garage during an emergency. A question about the density of the trees in that area was raised. Another question was raised about who would be required to pay for replacing. the retaining wall section, which might be torn out in case of an emergency. General Counsel Kidman stated legally there would be no requirement for the District to replace it if the easement was recorded first. Mr. Suciu and Mr. Huennekens were invited to present any information they considered pertinent. The offer was made by Mr. Huennekens to grant an easement off his property to clear at least 20 feet all the way through the area in question. Staff raised the concern of who will pay the cost of the relocation. Mr. Suciu offered to come up with a couple of thousand dollars as a bond to be used in case of an event. General Counsel Kidman stated any deposit would have to be in the form of cash, as a bond has a life and then expires. Assistant General Manager Vecchiarelli opined that an additional easement would do very little to increase access to the existing pipeline if the garage is allowed to remain in place. Vice President Beverage said he is willing to look at the potential of the easement and replacing the line at the homeowner's expense. Assistant General Manager Vecchiarelli stated the rough estimate to move the pipeline is $30-$35,000. The cost of the garage is between $5-7,000 dollars. -3- 2004-50 General Counsel Kidman stated the Yorba Linda Water District owns a part of the property, and the District is entitled to use it and protect it from unauthorized and competing uses. If you build something on the District's property and it is damaged, the District does not have an obligation to replace it. Vice President Beverage asked the item be taken back to committee to consider the three options: 1) remove the garage and record a declaration of restrictive covenants for the retaining wall, trees and additional backfill over the pipeline, 2) take an additional easement on Mr. Huennekens' property and set a value for money to be put up by Mr. Suciu for costs, and 3) go ahead and get a right of way easement from Mr. Huennekens and relocate the pipeline at the homeowners expense. Vice President Beverage made a motion to accept staff's recommendation. Director Summerfield seconded the motion. Note was made that a modification was necessary. Vice President Beverage stated this needed to go back to the PEO Committee and withdrew his motion. Director Summerfield withdrew his second. Assistant General Manager Vecchiarelli said staff will try to prepare the Declaration of Restrictive Covenants before the PEO Committee meeting. The homeowners will be invited to the committee meeting, which is scheduled for Wednesday, April 21 at 3:00 p.m. Mr. Suciu and Mr. Huennekens left the meeting at 10:44 a.m. A recess was declared at 10:44 a.m. The Board reconvened with all Directors present at 10:50 a.m. GENERAL MANAGER'S REPORT 11. General Manager's oral report and comments. a) General Counsel Kidman reported he attended the ACWA Legislative Symposium. There were two items of interest. There was a session dealing with the Ortiz Bill, which deals with ethics training for water district directors. b) Terrace Apartments water system update. These apartments were built in the early 70's. There was a retaining wall along the west side of the property that fell over into the flood channel in May 2000. At that point the District looked at it and ruled out fault on its part. The new wall put up at a cost of some $200,000 is falling over. Staff and homeowners met. Assistant General Manager Vecchiarelli reported. Leaks were found on the apartment side. General Manager Payne commented it was a team effort to go through, determine the problem was leaky irrigation pipes, and eliminate the possibility of litigation. Customer Service pulled records to check out usage. Kudos to all those involved from the District's side. c) ACWA 2004 Spring Conference, Monterey, CA, May 5-7, Registration. The Board authorized President Mills and General Manager Payne to attend the ACWA conference. d) District activities. General Manager Payne reported each Director had been individually invoiced for CRWUA membership. He asked the Directors to let him know if they wished to continue membership. -4- 2004-51 There were a couple of large main failures last week. On April 6, there was an event close to where the break occurred on 9/11/2003. A huge line failed catastrophically around noon. District forces isolated the main within 15-20 minutes of the break. The City of Yorba Linda and Brea police also assisted. Val Verde Construction responded within an hour and began repair. Another non-catastrophic break occurred at 7:00 p.m. on Bastanchury between Prospect and Rose. Crews isolated it and began shut down. At 11:30 p.m., the system failed catastrophically. Damage was minimized by the actions already taken. Staff is working on replacement of the pipeline. This is not a project identified in the Five-Year Plan. Assistant General Manager Vecchiarelli reported staff is looking at a 16" diameter PVC pipe. Analysis is being done right now. Other districts are being asked about their practices. Corrosion is not a problem with PVC. The plan will be brought to the PEO Committee. The church was very cooperative in allowing the District to stockpile the spoils in their overflow parking lot. COMMITTEE REPORTS 12. Executive-Administration Committee (Mills/Beverage) Report of meeting held April 5. The minutes were presented before the Board meeting. Meeting scheduled for April 20, 4:00 p.m. Board Workshop facilitator, SB 1272 Ortiz, OCWD annexation. 13. Finance-Accounting Committee (Korn/Summerfield) Summary minutes of meeting held April 13, 4:00 p.m. 14. Personnel-Risk Management Committee (Summerfield/Mills) The meeting scheduled for April 12 was cancelled. 15. Planning-Engineering-Operations Committee (Beverage/Armstrong) Meeting scheduled for April 21, 3:00 p.m. Easement 5751 Casson Drive, Yorba Linda - Mr. Suciu, Cal Water 1961 Petra Lane, Placentia - David Peairs, Update of Five-Year Gas Engine Schedule, Update to Five-Year Vehicle and Equipment Plan, Zone 2 Transmission Pipeline - Construction Bids, Richfield Plant Phase III - Architectural Proposals, Pulte Off-Site Sewer, Well 18 and 19 status report, Bastanchury Emergency Pipeline Replacement. 16. Public Information Committee (Armstrong/Kom) Report of meeting held April 6. Zone 2 Transmission Pipeline Public Relations Plan, Water Awareness Month - Open House May 8, Consumer Confidence Report. 17. Orange County Water District Ad Hoc Committee (Mills/Beverage) Meeting scheduled for May 17, 4:00 p.m. 18. MWDOC Ad Hoc Committee (Mills/Kom) Meeting scheduled for May 24, 4:00 p.m. -5- 2004-52 INTERGOVERNMENTAL MEETINGS 19. City of Yorba Linda, March 31. General Manager Payne and Assistant General Manager Vecchiarelli met with Terry Belanger and Jim Smith at the City of Yorba Linda about acquiring the city's sewer system. Zone 2 transmission pipeline permits and public relations was also discussed. Pulte sewer on Kellogg near the high school, encroachment permit issues and easement issues were also discussed. 20. WACO, April 2. President Mills will report at the Board meeting on April 22. 21. Yorba Linda City Council, April 6. Director Summerfield reported an award of the sewer maintenance contract was made to Empire Pipe Cleaning of Orange. An easement was granted to the District for Parkwood Apartment at Prospect and hnperial Highway. There was a claim for $4,000 made because of a misaligned gate valve cover. There was a presentation about the city redevelopment plans. 22. MWDOC/Met Jt. Workshop, April 7. General Manager Payne reported the workshop focused on their budget. 23. OCWD, April 7. At this Board meeting, General Manager Payne reported there were three different proposals for RA. Another workshop is scheduled for next Wednesday night. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after April 8, 2004. Agenda is available in the District office prior to meeting. Yorba Linda Planning Commission, April 14, 6:30 p.m. Korn Yorba Linda City Council, April 20, 6:30 p.m. Armstrong MWDOC, April 21, 8:30 a.m. Staff OCWD, April 21, 5:00 p.m. Staff Yorba Linda Planning Commission, April 28, 6:30 p.m. Beverage ISDOC Membership, April 29,11:30 a.m. Mills & Payne ISDOC Board, May 4, 7:30 a.m. Yorba Linda City Council, May 4, 6:30 p.m. Summerfield MWDOC/MWD Jt Workshop, May 5, 8:30 a.m. Staff OCWD, May 5, 5:00 p.m. Staff Yorba Linda Planning Commission, May 12, 6:30 p.m. Korn WACO, May 14,7:30 a.m. Mills Yorba Linda City Council, May 18, 6:30 p.m. Armstrong MWDOC, May 19, 8:30 a.m. Staff OCWD, May 19, 5:00 p.m. Staff Yorba Linda Planning Commission, May 26, 6:30 p.m. Beverage -6- 2004-53 BOARD MEMBER COMMENTSATEMS FOR FUTURE CONSIDERATION Director Armstrong asked what should be learned after the visit of Linda Bauermeister at the Board meeting. General Manager Payne responded the District has a number of valves, and it is going to be very difficult to go out and visit each valve. The District needs constant training with its people to observe what is going on out there in the field. Trimming the landscape would help. The City of Yorba Linda maintains the trails, and they could be asked to notify the District. Micro inspection is not possible. What is reasonable is the questions. The Board of Directors went into Closed Session at 11:40 a.m. CLOSED SESSION 25. Conference with Legal Counsel Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one case. The Board of Directors came out of Closed Session at 11:55 a.m. No action was taken in Closed Session ADJOURNMENT The Board of Directors voted 3-0 to adjourn at 11:55 a.m. to a special meeting of the Board of Directors on Thursday, April 15, 2004 at 2:00 p.m., at the Richfield Plant. K nneth R. Vecchiarelli Assistant Secretary/Assistant General Manager -7-