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HomeMy WebLinkAbout2004-07-22 - Board of Directors Meeting Minutes2004-101 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING July 22, 2004, 8:30 A.M. 4622 Plumosa Drive, Yorba Linda - (714) 777-9593 The July 22, 2004 regular 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 Jr., President Michael J. Beverage, Vice President Paul R. Armstrong Arthur C. Korn John W. Summerfield Staff Present: Michael A. Payne, General Manager Arthur G. Kidman, District General Counsel Kenneth Vecchiarelli, Asst General Manager Lee Cory, Operations Manager Beverly Meza, Business Manager Amelia Cloonan, Administrative Secretary Leon de los Reyes, Water Quality Engineer Pamela Pietras, Assistant Administrator Visitors Presdent: Victor Grady, Hoffman Company Donna Kelly, Lennar Homes SPECIAL RECOGNITION AND PRESENTATIONS Leon de los Reyes, Water Quality Engineer, was recognized for fifteen years' service to the District. Pamela Pietras, Assistant Administrator, was recognized for one year's service to the District. There were requests to pull items 5 and 7 from the Consent Calendar. CONSENT CALENDAR (Items 1 through 7) On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors voted 5-0 to approve Consent Calendar Items 1, 2, 3, 4 and 6. 1. Approved Minutes of Regular Board of Directors meeting held July 8, 2004. 2. Ratified and authorized disbursements in the amount of $1,503,069.47. 3. Rejected and referred claim filed by Richard and Nancy Kotich, 4609 Vallecito Drive, Yorba Linda, CA to ACWA/Joint Powers Insurance Authority. 4. Approved Terms and Conditions for Water Service with the Roman Catholic Bishop of Orange for their property located east of Avenida De La Paz, Yorba Linda -1- 2004-102 6. Approved Declaration of Restrictive Covenants Agreement with Mr. & Mrs. John A. Bonet, 4301 Aspenglow, Yorba Linda subject to approval as to form by General Counsel. ACTION CALENDAR Director Beverage declared a conflict of interest and abstained from discussion and voting on item no. 5 5. Progress Payment to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion Recommendation On a motion by Director Armstrong, seconded by Director Summerfield, the Board of Directors voted 4-0-1, with Vice President Beverage abstaining to Approve Progress Payment No. 8 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion in the amount of $307,950.91.8. 7. COMMITTEE REPORTS There was a discussion about whether this item should refer to committee reports or committee minutes. There was also discussion about whether committee minutes should be approved by all the Directors although only two Directors actually participate on each committee. It was suggested the recommendation should be to receive and file the minutes of committee meetings. Director Korn objected to voting on the minutes of a meeting he did not attend. The Committee Reports section of the agenda will be taken back to the Executive- Administrative-Organizational Committee for reworking. Item 7 a-e was continued. a. Executive-Administrative-Organizational Committee (Mills/Beverage) Recommendation: Minutes of the July 20, 2004 meeting will appear in the next agenda. b. Finance-Accounting Committee (Korn/Summerfield) Recommendation: Approve minutes of meeting held July 13. c. Personnel-Risk Management Committee (Summerfield/Mills) Recommendation: Approve minutes of meeting held July 12. d. Planning-Engineering-Operations Committee (Beverage/Armstrong) Recommendation: Approve minutes of meeting held July 14. e. Public Information Committee (Armstrong/Korn) Recommendation: Approve minutes of meeting held July 6. ACTION CALENDAR 8. Consider Financial Statements. Recommendation: Receive and file the Financial Statements for eleven months of fiscal year 2003-2004 ending May 31, 2004. Beverly Meza presented the staff report and gave an outline of the content of the financial statements. On a motion by Director Armstrong, seconded by Vice President Beverage, the Board of Directors voted 5-0 to approve the recommendation. -2- 2004-103 Beverly Meza left the meeting at 8:53 a.m. 9. Consider Siesta Lane Sewer Improvements. Recommendation: Authorize the President and Secretary to execute contract documents with Vasij, Inc. in the amount of $48,480.00, subject to approval as to form by General Counsel. Kenneth Vecchiarelli, Assistant general Manager, presented the report. President Mills asked for a motion to support discussion of the staff recommendation. Director Summerfield moved for discussion, and Vice President Beverage seconded the motion. The Board of Directors voted 5-0 to approve the recommendation. 10. Consider Report on 2004 Public Health Goals. Recommendation: Approve the final draft of the 2004 Public Health Goals Report. Leon de los Reyes presented the report. President Mills asked for a motion to support discussion of the staff recommendation. Director Armstrong moved for discussion, and Vice President Beverage seconded the motion. There was a discussion about uranium and lead allowable levels and uranium removal, cost/benefits, technology. Notice of a public hearing will be published in the Yorba Linda Star and the Orange County Register. Ken Vecchiarelli, Assistant General Manager, will check if a notice has appeared on the water bills or in the Waterlines. President Mills recommended modifications be made to the report to reflect the discussion suggested to the report. The Board of Directors voted 5-0 to approve the final draft of the 2004 Public Health Goals Report with the modifications. Leon de los Reyes left the meeting at 9:09 a.m. 11. Consider Soliciting Proposals for Land Appraisals. Recommendation: Authorize staff to solicit proposals for appraisals from qualified consultants specializing in public land appraisals for parcels near the Bastanchury and Fairmont Reservoir sites at a cost to be borne by the respective developer. Kenneth Vecchiarelli, Assistant General Manager, presented the staff report and briefly outlined the history of the parcels involved and proposed plans for the future of the parcels. General Counsel Kidman said the question for the appraisers is what is the most value of that land. The strip of land selling on the open market does not have the same value it will have being part of this project. The District cannot make a gift of public property or public funds. Vice President Beverage excused himself from discussion of Shapell Industries and left the meeting at 9:23 a.m. Assistant General Manager Vecchiarelli proceeded to outline the history of the second developer, Shapell Construction. President Mills asked for a motion for discussion. Director Armstrong moved and Director Korn seconded the motion. -3- 2004-104 General Manager Payne stated the item on the agenda is for the purpose of soliciting proposals for a qualified appraiser. The Board of Directors voted 4-0 to approve staff's recommendation. Vice President Beverage returned to the meeting at 9:38 a.m. Mr. Grady and Ms. Kelly left the meeting at 9:38 a.m. 12. Consider Adoption of an Ordinance of the Board of Directors of the Yorba Linda Water District Adopting Fats, Oils, and Grease Control Regulations Applicable to Food Service Establishments. Recommendation: Adopt Ordinance President Mills asked for a motion for discussion. Vice President Bverage moved for discussion, and Director Armstrong seconded the motion. Lee Cory, Operations Manager, presented the staff report. This is a mandated ordinance. The Board of Directors adopted Ordinance 04-01 on a roll call vote, with Directors Armstrong, Korn and Summerfield, and President Mills and Vice President voting yes. INFORMATIONAL REPORTS 13. a. President's Report President Mills reported he and Director Korn had a meeting with MWDOC Director Kraemer regarding the Bryant Ranch. In another meeting between he, General Manager Payne, and the Mayor and City Manager of Yorba Linda, discussions were held regarding public recreational facilities on reservoir sites, the need to tear up a portion of Imperial Highway in connection with the Bastanchury pipeline, the Highland Reservoir and pipeline, erosion in the area of redwood trees, and storm drain development for the downtown area. b. General Managers Report General Manager Payne reported there is a homeowners' meeting scheduled at 7:00 p.m., July 22 in the EOC room at the Richfield Plant to go over the plans for the downtown area. The District is getting a team together to participate in the Relay for Life cancer walk being held in August. Directors are welcome to participate. There is a fund raiser on July 23 for Senator Bob Margette. c. Director's Reports Director Korn requested a copy of the second agenda be sent out with the agenda book. General Manager Payne requested the Directors leave the binders after the Board meeting. If a Director wishes to retain any portion of the agenda, please let him know and that portion will be put together with a blue cover. d. General Counsel's Report General Counsel Kidman reported on a legislative item regarding the public health goals. There is a bill (AB2838) that tries to harmonize federal and state terminology. Also, he received and advisory on July 21 from ACWA that the state senate voted on their budget, which went down to defeat on party lines. Lear Pearce and Bob Boyce of Lear Pearce and Associates entered the meeting at 10:07 a.m. -4- 2004-105 A recess was declared at 10:10 a.m. The Board reconvened in Closed Session at 10:21 a.m. with all Directors present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli, General Counsel Kidman, Lear Pearce and Bob Boyce. ADJOURN TO CLOSED SESSION 16. The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. a. Conference with Legal Counsel regarding 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. b. Conference with Legal Counsel regarding 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. c. Conference with Legal Counsel regarding anticipated litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one case. The Board of Directors reconvened in open session at 11:00 a.m. No action was taken in Closed Session. ADJOURNMENT On a motion by Vice President Beverage, seconded by President Mills, the Board of Directors voted 5-0 to continue the rest of the items to the next Board meeting and adjourned at 11:08 a.m. The next regular meeting of the Board is scheduled for Thursday, August 12, 2004 at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive. Michael A. Payne / Secretary/General Manager/ -5-