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Home My WebLink About2004-09-09 - Board of Directors Meeting Minutes2004-127 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 9, 2004, 8:30 A.M. 4622 Plumosa Drive, Yorba Linda - (714) 777-9593 The September 9, 2004 regular 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 STAFF PRESENT: Michael J. Beverage, Vice President Kenneth Vecchiarelli, Assistant GM Paul R. Armstrong Arthur G. Kidman, District General Counsel Arthur C. Korn Beverly Meza, Business Manager John W. Summerfield Amelia Cloonan, Administrative Secretary DIRECTORS ABSENT AT ROLL CALL William R. Mills Jr., President VISITORS PRESENT: Rick Collett, Resident SPECIAL RECOGNITION AND PRESENTATIONS Vice President Beverage recognized Director Paul Armstrong who was selected to receive the City of Yorba Linda's first Citizen of the Year award. CONSENT CALENDAR (Items 1 through 4) On a motion by Director Armstrong, seconded by Director Summerfield, the Board of Directors voted 4-0 to approve the Consent Calendar. 1. Minutes of the Regular Board of Directors meeting held August 26, 2004. Recommendation: Approve minutes. 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $878,038.62. 3. Highland Booster Station Upgrades. Recommendation: Approve Progress Payment No. 6 in the net amount of $432,463.74 to F. T. Ziebarth Company for construction of the Highland Booster Station Upgrades, Job No. 200103. 4. Declaration of Restrictive Covenants, Tract Nos. 16320 and 16321, Job Nos. 200208 and 200226 respectively. Recommendation: Authorize the President and Secretary to execute the Declaration of Restrictive Covenants Agreements with Pulte Homes, Jobs Nos. 200208 and 200226, subject to approval as to form by General Counsel. -1- 2004-128 ACTION CALENDAR 5. Election of California Special Districts Association (CSDA) Board of Directors. Assistant General Manager Vecchiarelli presented the report. Seats B and C have Orange County representation. On a motion by Director Armstrong, seconded by Director Korn, the Board of Directors voted 4-0 to support Arlene Schafer and Paul Jones for the two positions on the CSDA Board. COMMITTEE REPORTS, INFORMATION ITEMS & COMMENTS 6. a. President's Report and Comments There were no comments. b. Directors Reports and Comments There were no comments. Laer Pearce of Laer Pearce Associates entered the meeting at 8:47 a.m. c. General Managers Report 1) Assistant General Manager Vecchiarelli presented a six minute video on the Fats-Oils-Grease (FOG) program Public Outreach Campaign and Training Program. "The Drain Is Not a Dump" is the slogan on which the District will focus. The deadline to implement the program is December this year. 2) The Water Conservation Program has kicked off. The marketing effort began on September 8 with 15 residential users. The City of Yorba Linda has discussed this program directly with MWDOC. 3) Assistant Administrator Mike Robinson reported to Assistant General Manager Vecchiarelli that 650 District residents participated in the High Efficiency Clothes Washer Program. The program will close at the end of the current year. 4) The District Tour is scheduled for September 25. 5) Heritage Days is scheduled for October 9. 6) Fiesta Days is scheduled for October 30. 7) At the Orange County Groundwater Producers Program, September 8, Assistant Manager Vecchiarelli distributed some information on the Bryant Ranch dispute and presented a Powerpoint presentation. d. General Counsel's Report General Counsel Kidman reported that Thursday morning, September 2, he received a voice mail message from Orange County Water District's General Counsel advising him the OCWD Board on September 1 advised counsel to move forward with a lawsuit against the Yorba Linda Water District. General Counsel Kidman accepted service on behalf of the District, and on Friday evening, September 3, he received the petition and complaint. COMMITTEE REPORTS 7. a. Executive-Administrative-Organizational Committee (Mills/Beverage) A meeting is scheduled for September 21, 4:00 p.m. -2- 2004-129 b. Finance-Accounting Committee (Korn/Summerfield) The meeting of September 14 has been rescheduled to September 28 at 4:00 p.m. c. Personnel-Risk Management Committee (Su mmerfield/M ills) The meeting of September 13 has been rescheduled to September 24 at 4:00 p.m. d. Planning-Engineering-Operations Committee (Beverage/Armstrong) The meeting scheduled for September 8 was not held. The next meeting of the PEO Committee is scheduled for October 13 at 4:00 p.m. e. Public Information Committee (Armstrong/Korn) Summary minutes of meeting held September 7 will appear in September 23 Agenda. Director Armstrong reported the District Facilities Tour scheduled for September 25 was discussed. Lee Cory, Operations Manager, is accumulating the Customer Service response cards. Assistant General Manager Vecchiarelli recommends the FOG Public Service Announcement and Outreach Program be discussed by the Public Information Committee. Twenty agencies are focused on the same issue, and portions of the outreach effort should be decided regionally. Director Armstrong asked when construction will begin on the 30" pipeline. Assistant General Manager Vecchiarelli said the District is working out some issues with the City of Yorba Linda. The location of the District's pipeline in the parcel at Lemon and Imperial causes problems for the City's Downtown Redevelopment Master Plan. A meeting is scheduled for October 5, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) A meeting was held on September 8. INTERGOVERNMENTAL MEETINGS 8. a. Yorba Linda City Council, September 7. Director Armstrong commented that he did not receive the agenda. When he arrived at City Hall, he found the meeting had been cancelled. Director Armstrong asked the District call in advance of these meetings if an agenda is not received to make sure the meeting will be held. If an agenda is not received, someone from the District should pick up an agenda for the Board member who will attend the meeting. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after September 9, 2004. Agenda is available in the District office prior to meeting. -3- 2004-130 September Personnel-Risk Management Committee, September 13, 4:00 p.m. Finance-Accounting Committee, September 14, 4:00 p.m. Yorba Linda Planning Commission, September 14, 6:30 pm MWDOC Board, September 15, 8:30 a.m. OCWD Board, September 15, 5:00 p.m. OCWD/OCSD Water Factory 21 Demolition/Beginning Construction of the GWRS Ceremony, September 20, 4:00 p.m. Executive-Administrative-Organizational Com. September 21, 4:00 p.m Yorba Linda City Council, September 21, 6:30 pm MWDOC Ad Hoc Committee Meeting, September 27, 4:00 p.m. Yorba Linda Planning Commission, September 28, 6:30 pm ISDOC Membership, September 30,11:30 am Building Ad Hoc Committee, September 30, 4:00 p.m. Summerfield & Mills Korn & Summerfield Korn Staff Staff Mills,Beverage, Summerfield, Payne Mills & Beverage Mills Mills & Korn Mills Beverage/Summerfield Vice President Beverage will ask President Mills if he will be able to attend the Yorba Linda City Council Meeting scheduled for September 21. Director Armstrong will tentatively be unable to attend the PI Committee meeting scheduled for October 5, the PEO Committee meeting scheduled for October 13, and the Yorba Linda City Council meeting scheduled for October 19. October WACO, October 1, 7:30 am OCWD Ad Hoc Committee, October 4, 4:00 p.m. ISDOC Board, October 5, 7:30 am Public Information Committee, October 5, 4:00 p.m. Yorba Linda City Council, October 5, 6:30 pm OCWD Board, October 6, 5:00 p.m. Personnel-Risk Management Committee, October (conflict) Finance-Accounting Committee, October 12, 4:00 p.m. Planning-Engineering-Operations Committee, October 13, 4:00 p.m. Yorba Linda Planning Commission, October 13, 6:30 pm Executive-Administrative-Organizational Com. October 19, 4:00 p.m Yorba Linda City Council, October 19, 6:30 pm MWDOC Board, October 20, 8:30 a.m. OCWD Board, October 20, 5:00 p.m. Yorba Linda Planning Commission, October 27, 6:30 pm Mills/Beverage Armstrong & Korn Summerfield Staff Summerfield & Mills Korn & Summerfield Beverage & Armstrong Korn Mills & Beverage Armstrong Staff Staff Mills CONFERENCES AND SEMINARS 9. Authorize attendance of Directors and such staff members of District as approved by the General Manager to attend the following conferences and seminars. a. Colorado River Water Users Association (CRWUA), Dec 15-17. Vice President Beverage and Director Summerfield plan to attend. -4- 2004-131 A recess was declared at 9:27 a.m. The Board of Directors reconvened in Closed Session at 9:35 a.m. All Directors were present. Also present were: Assistant General Manager Vecchiarelli, General Counsel Kidman and Laer Pearce of Laer Pearce and Associates. ADJOURN TO CLOSED SESSION 10. 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 anticipated litigation. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: one case. RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 10:46 a.m. CLOSED SESSION REPORT General Counsel Kidman announced that the Board of Directors took the following action in Closed Session. On a motion by Director Armstrong, seconded by Director Summerfield, the Board of Directors voted 3-1, with Director Korn voting No, to file a response and cross complaint to the lawsuit received Friday, September 3, OCWD vs. YLW D. ADJOURN TO CLOSED SESSION The Board of Directors reconvened in Closed Session at 10:48 a.m. All Directors were present. Also present were: Assistant General Manager Vecchiarelli, General Counsel Kidman and Laer Pearce of Laer Pearce and Associates. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 11:02 a.m. CLOSED SESSION REPORT There was no Closed Session report. ADJOURNMENT The Board of Directors adjourned at 11:02 a.m. to a Board Workshop scheduled for Thursday, September 16, 2004 at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive. Kenneth R. Vecchiarelli Assistant Secretary/Assistant General Manager -5- 2004-132