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HomeMy WebLinkAbout2004-10-14 - Board of Directors Meeting Minutes2004-141 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING October 14, 2004, 8:30 A.M. The October 14, 2004 regular meeting of the Yorba Linda Water District Board of Directors was called to order by President William 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 VISITORS PRESENT Ric Collett, Resident Gil Ficke, Resident Brian Powell, Carollo Engineers STAFF PRESENT Michael A. Payne, General Manager Kenneth Vecchiarelli, Assistant GM Arthur G. Kidman, District General Counsel Beverly Meza, Business Manager Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Amelia Cloonan, Administrative Secretary Bill Moorhead, Senior Project Engineer Scott Coffman, Maintenance Worker I Jimmy DeAnda, Maintenance Worker I Thurston Hubbard, Maintenance Worker I Daniel Ornelas, Maintenance Worker I Brian Vandiver, Maintenance Worker I Maria Trujillo, Accounting Assistant I SPECIAL RECOGNITION AND PRESENTATIONS Beverly Meza, Business Manager, introduced new employee Maria Trujillo, Accounting Assistant I. Lee Cory, Operations Manager, introduced Scott Coffman, Jimmy DeAnda, Thurston Hubbard, Daniel Ornelas and Brian Vandiver, Maintenance Workers I, Operations Department. President Mills presented them with one-year pins and recognized them for one year of service to the Yorba Linda Water District. Maria Trujillo, Scott Coffman, Jimmy DeAnda, Thurston Hubbard, Daniel Ornelas and Brian Vandiver left the meeting at 8:37 a.m. Lear Pearce, Laer Pearce & Associates entered the meeting. CONSENT CALENDAR (Items 1 through 3) On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve the Consent Calendar. Minutes of the Regular Board of Directors meeting held September 23, 2004. Recommendation: Approve minutes. -1- 2004-142 2. Payment of bills, refunds, and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $1,891,933.30. 3. Highland Booster Station Upgrades - Job No. 200103. Recommendation: Approve Change Order No. 3 in the amount of $12,991.62 and 30 additional calendar days and approve Progress Payment No. 7 in the net amount of $143,845.00 to F. T. Ziebarth Company for construction of the Highland Booster Station Upgrades, Job No. 200103. ACTION CALENDAR 4. Water Master Plan Analysis and Design Criteria, Job No. 200218. Ken Vecchiarelli, Assistant General Manager, presented some background and stated the 1978 Master Plan helped prepare the path to serve the customers and set the criteria on which most of the system is operating to today. Mr. Vecchiarelli introduced Brian Powell of Carollo Engineers. His presentation included: Presentation Goals Operational System Requirements Fire Flow System Requirements System Storage Components Operational Fire Flow Emergency There was discussion about water pressure, pressure regulators, storage and the Board of Director's need for more information. Gil Ficke believes people in his area do not want to pay for pressure regulators but will agree to take care of them. The Board of Directors took no action on this item, which will be brought back to the Board by the end of the year. A recess was declared at 10:00 a.m. Brian Powell, Bill Moorhead, Lee Cory, Beverly Meza left the meeting. The Board of Directors reconvened in Closed Session at 10:02 a.m. All Directors were present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli, General Counsel Kidman and Laer Pearce of Laer Pearce & Associates. -2- 2004-143 ADJOURN TO CLOSED SESSION 9. 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 existing litigation to which the District is a party. (Justification for Closed Session is Government Code Section 54956.9(a)) Orange County Water District vs. Yorba Linda Water District. b. 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. Laer Pearce left the meeting at 10:25 a.m. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 11:03 a.m. CLOSED SESSION REPORT On a motion by Director Armstrong, seconded by Vice President Beverage, with Director Korn abstaining, the Board of Directors voted 4-0-1 to approve the Memorandum of Understanding between Orange County Water District and Yorba Linda Water District regarding OCWD's Completion of a Program Environmental Impact Report for the District's Long Term Facilities Plan and Consideration of Annexations as amended. The Board of Directors reconvened in Closed Session at 11:05 a.m. All Directors were present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli, General Counsel Kidman and Laer Pearce of Laer Pearce & Associates. RECONVENE IN OPEN SESSION The Board of Directors reconvened in Open Session at 11:17 a.m. CLOSED SESSION REPORT There was no Closed Session report. 5. Financial Statements for the one month ending July 31, 2004. On a motion by Director Korn, seconded by Director Armstrong, the Board of Directors voted 5-0 to receive and file the Financial Statements for one month ending July 31, 2004. -3- 2004-144 REPORTS, INFORMATION ITEMS AND COMMENTS 6. a. President's Report There was no report. b. Directors Reports There was no report. c. General Managers Report Michael Robinson, Assistant Administrator, noted the District participated in the City of Placentia's Heritage Days Parade. The Orange County Register reported the District was recognized for the best commercial float. Fiesta Days will take place in Yorba Linda on the 30th of October. The District will participate in the parade and will man a booth. d. General Counsel's Report General Counsel Kidman reported: 1) The state is diverting $350 million this year and next year from special districts. There are a couple of stop loss provisions: 40% of the District's property tax revenue is assessed. They then assess how much money they received from all districts. After the first go round, they will go through another round to come up to the $350 million on a proportionate basis, so more than 40% could be lost. If tax revenues are less than 10% of the total revenue, all the revenue could be taken. 2) The final legislative report should be out in a day or two. 3) It has been brought to the Directors' attention that there must be one more level when a Director declares a conflict of interest. The Director must state the nature of the conflict of interest, and it must be recorded in the minutes. For example, if a company is a source of more than $500 income to a Director in a twelve month period prior to a vote on an agenda item, the Director must so state. Or, a Director must state if he has a conflict of interest, because the Director has an investment in a company involved in a decision of the Board of Directors. COMMITTEE REPORTS 7. a. Executive-Administrative-Organizational Committee (Mills/Beverage) Minutes of meeting held September 22. Vice President Beverage stated consultant expenses, agenda formats and the conflict of interest code were discussed at the meeting. Meeting scheduled for October 19, 4:00 p.m. -4- 2004-145 b. Finance-Accounting Committee (Korn/Summerfield) Director Korn reported at the meeting held October 12, the committee discussed Financial Statements for one month ending July 31, 2004 and water rates. Meeting scheduled for October 21, 4:00 p.m. c. Personnel-Risk Management Committee (Summerfield/Mills) Director Summerfield reported CalPERS contributions were discussed at the meeting held September 24. Meeting scheduled for October 18, 4:00 p.m. d. Planning-Engineering-Operations Committee (Beverage/Armstrong) Vice President Beverage reported on the meeting held October 6. The committee discussed the design of the Hidden Hills Reservoir, the Water Master Plan Report, the Bastanchury parcel appraisal and the status of capital facilities project. Meeting scheduled for November 10, 4:00 p.m. e. Public Information Committee (Armstrong/Korn) Director Armstrong reported on the meeting held October 5. He noted a correction to Item 4 of the minutes. The Heritage Days Parade was held on October 9. Director Armstrong also reported he has heard from three of the participants in the recently held District Tour, all of whom were very impressed. Meeting scheduled for November 2, 4:00 p.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Vice President Beverage reported on the meeting held September 8. The committee discussed the Richfield Road and Miraloma sites, the size and relationship of all the different departments and the square footage of the building. Minutes of meeting held October 13, will appear in October 28 agenda g. MWDOC Ad Hoc Committee (Mills/Korn) President Mills reported on the meeting held September 27. The committee discussed the Orange County cross feeder, the Central Pool Augmentation alignment. Director Korn took exception to the sentence stating the route down the Santa Ana River would be good for YLWD. The MWDOC rate structure was also discussed. General Manager Payne stated MWDOC was asked to come to the Board meeting on November 9 to make a presented to the Board of Directors about the rate structure. Meeting scheduled for November 22, 4:00 p.m. -5- 2004-146 h. OCWD Ad Hoc Committee (Mills/Beverage) President Mills reported on the meeting held October 4. The committee discussed the Program Environmental Impact Report, water levels, the Ground Water Replenishment System, Basis Production Percentage Projections. The committee also asked a question about the plume. Meeting scheduled for November 15, 4:00 p.m. INTERGOVERNMENTAL MEETINGS 8. a. Yorba Linda Planning Commission, September 29. President Mills attended. There was nothing of significance to the District to report. b. ISDOC Membership, September 30. General Manager Payne attended. Chuck Smith, Orange County Board of Supervisors, 1s District, gave an update of Orange County's activities. c. Yorba Linda City Council, October 5. Director Summerfield attended. There was nothing of significance to the District. The new Yorba Linda City Manager was introduced. d. OCWD Board, October 6. There was nothing of significance to the District, so no one attended. e. Yorba Linda Planning Commission, October 13. No one attended. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after October 14, 2004. Agenda is available in the District office prior to meeting. October Personnel-Risk Management Committee, October 18, 4:00 p.m. 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. Finance-Accounting Committee, October 21, 2004, 4:00 p.m. Yorba Linda Planning Commission, October 27, 6:30 pm November WACO, November 5, 7:30 am Public Information Committee, November 2, 4:00 p.m. Yorba Linda City Council, November 2, 6:30 pm MWDOC/Met Joint Workshop, November 3, 8:30 a.m. OCWD Board, November 3, 5:00 p.m. Personnel-Risk Management Committee, November 8, 4:00 p.m. Finance-Accounting Committee, November 9, 4:00 p.m. Summerfield & Mills Mills & Beverage Armstrong Staff Staff Korn & Summerfield Armstrong Armstrong & Korn Summerfield Staff Staff Summerfield & Mills Korn & Summerfield -6- 2004-147 Planning-Engineering-Operations Committee, November 10, 4:00 p.m. Beverage & Armstrong Yorba Linda Planning Commission, November 10, 6:30 pm Korn OCWD Ad Hoc Committee, November 15, 4:00 p.m. Mills/Beverage Executive-Administrative-Organizational Com. November 16, 4:00 p.m. Mills & Beverage Yorba Linda City Council, November 16, 6:30 pm Armstrong MWDOC Board, November 17, 8:30 a.m. Staff OCWD Board, November 17, 5:00 p.m. Staff MWDOC Ad Hoc Committee Meeting, November 22, 4:00 p.m. Mills & Korn President Mills and General Manager Payne will attend MWDOC's special policy forum entitled "CALFED: Accomplishments and Opportunities for California's Water Supply" to be held on October 27. ADJOURNMENT On a motion by Director Korn, seconded by Vice President Beverage, the Board of Directors voted 5-0 to adjorn at 11:55 a.m. to a regular meeting of the Board of Directors scheduled for Thursday, October 28, 2004 at 8:30 a.m., at the District Vieadquarters, 4622 Plumosa Drive. Wchael A.-Payne Secretary/General Ma -7- 2004-148