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HomeMy WebLinkAbout2004-10-28 - Board of Directors Meeting Minutes2004-149 Minutes of the YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING October 28, 2004, 8:30 A.M. The October 28, 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 Paul R. Armstrong Arthur C. Korn John W. Summerfield DIRECTORS ABSENT AT ROLL CALL Michael J. Beverage STAFF PRESENT Michael A. Payne, General Manager Arthur G. Kidman, District General Counsel Kenneth Vecchiarelli, Assistant GM Beverly Meza, Business Manager Lee Cory, Operations Manager Michael Robinson, Assistant Administrator Amelia Cloonan, Administrative Secretary Todd Howard, Information Systems Tech Pamela Pietras, Assistant Administrator II VISITORS PRESENT Matt Stone, Municipal Water District of Orange County (MWDOC) Mark Schwing, Resident SPECIAL RECOGNITION AND PRESENTATIONS General Manager Michael A. Payne introduced Todd Howard, Information Systems Technician, and President Mills presented him with a pin recognizing him for one year of service to the Yorba Linda Water District. Matt Stone of MWDOC was introduced by General Manager Payne. Mr. Stone presented copies of a Water Supply Rate Structure Review to the members of the Board of Directors and reviewed the issue of the proposed tiered and melded supply rate structures. Power point slides of the Current Met Supply Structure, Melded Structure, Possible options for Tier 1 Supply Allocation, the Tier 1 Allocation option, Four-Year Rolling Average, Five-Year Phased Average, Subscription with Take or Pay Contract (1) and (2) Calculation of MWDOC Tier 1 Rate Based on Subscription and charts of the Qualitative and Quantitative Analysis were presented and discussed. There were some questions and discussion. The MWDOC staff is presenting a recommendation on the rate structure to their Board at a meeting in November and they are requesting input from the member agencies. Staff will present a report with a recommendation at the first Board meeting in November. -1 2004-150 President Mills thanked Matt Stone for his presentation. A recess was declared at 9:34 a.m. Matt Stone left the meeting. The Board reconvened with all Directors present at 9:44 a.m. ACTION CALENDAR 5. Report'on District office flooding on October 20. Assistant Manager Vecchiarelli presented the report. Photographs taken immediately after the flooding by Assistant Administrator Robinson were presented. Mr. Vecchiarelli gave an outline of what occurred during the flooding, actions taken, relocation of the Engineering Department, remediation measures taken, and timing of the flooding. Staff's recommendation is to get the Engineering Department back into the building as soon as possible. Staff is working with ACWA/JPIA on the restoration cost. 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. Minutes of regular Board of Directors meeting held October 14, 2004. Recommendation: Approve minutes. 2. Payment of bills, refunds and wire transfers. Recommendation: Ratify and authorize disbursements in the amount of $543,072.92. 3. Progress Payment Quarter Horse Reservoir Expansion. Recommendation: Approve Progress Payment No. 11 to Schuler Engineering Corporation for construction of the Quarter Horse Reservoir Expansion in the amount of $247,196.14. 4. Progress Payment Bastanchury Road Pipeline Emergency Replacement. Recommendation: Approve Progress Payment No. 2 to Miramontes Construction Company Inc. in the net amount of $309,169.35 for construction of the Bastanchury Road Water Transmission Pipeline Replacement, Job No. 200408. 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. General Manager Payne presented the Directors with his monthly report for September. d. General Counsel's Report General Counsel Kidman reported on a question that arose at the last Board meeting regarding the type of announcement needed to be made when a Board member excuses himself from participation. It is necessary to disclose the type of interest, who the interest is with and the fact that the party the interest is with may be affected by the decision. It is not necessary to disclose the dollar -2- 2004-151 amount of the investment or income other than the fact it is over the dollar limit. The dollar limit for investments is $2,000, for real property $2,000, as a source of income $500 and as source of a gift $250. Annual disclosure statements do require disclosure of financial amounts. Location of a Board members residence is not a financial issue. A Board member is allowed to represent himself. He is not allowed to represent others. The flooding situation is possibly related to potential litigation. The issue arose after the agenda was compiled and requires a vote to add the matter to the agenda today. This issue was voted on prior to entering the closed session. COMMITTEE REPORTS 7. a. Executive-Administrative-Organizational Committee (Mills/Beverage) Schedule meeting for November 4, 9:00 a.m. President Mills cannot attend this meeting. General Manager Payne will speak with Vice President Beverage. Meeting scheduled for November 12, 9:00 a.m. b. Finance-Accounting Committee (Korn/Summerfield) Minutes of the meeting held October 12 were reviewed. Note was made that Kathryn Beseau did not attend the meeting held October 12 but she did attend the October 21 meeting. Minutes of the meeting held October 21 were reviewed. President Mills attended in place of Director Korn who was ill. The Committee reviewed the financial statements for the 12 months ending June 30. c. Personnel-Risk Management Committee (Summerfield/Mills) Minutes of the meeting held October 18 were reviewed. Director Summerfield reported the committee went over the size of the building and projected personnel between the present and 2020. Staff was to go back, take a look, and pare down the size. President Mills could not attend the meeting scheduled for November 8, 2004, at 4:00 p.m. The staff was to contact the committee members to set a date. d. Planning-Engineering-Operations Committee (Beverage/Armstrong) Meeting scheduled for November 10, 4:00 p.m. e. Public Information Committee (Armstrong/Korn) Meeting scheduled for November 2, 4:00 p.m. Director Armstrong has a problem with the date of the meeting. The meeting has been moved to November 12 , 10:30 a.m. f. Building Ad Hoc Committee (Beverage/Summerfield) Minutes of meeting held October 13. Director Summerfield reported the committee looked at the magnitude of construction. It was decided staff would go back and look at common areas that might be pared down. -3- 2004-152 g. MWDOC Ad Hoc Committee (Mills/Korn) Meeting scheduled for November 22, 4:00 p.m. h. OCWD Ad Hoc Committee (Mills/Beverage) Meeting scheduled for November 15, 2004. President Mills asked for a motion to add to the Closed Session an emergency item regarding potential litigation because of the flooding. President Mills moved the motion, Director Summerfield seconded, and the Board voted 4-0 in favor of the motion to add a 9c. INTERGOVERNMENTAL MEETINGS 8. a. Yorba Linda City Council, October 19. Director Armstrong attended. The other nominees for Citizen of the Year, including Mrs. Alice Armstrong, were presented with certificates. Under the consent calendar, the council talked about a 54" storm drain located in the town center. b. MWDOC Board, October 20. Staff did not attend due to the office flooding. c. OCWD Board, October 20. Staff did not attend due to the office flooding. d. Yorba Linda Planning Commission, October 27. Director Armstrong attended and reported the biggest issue discussed was the Vista del Verde/Toll Brothers tract. e. MWDOC sponsored policy forum, "Accomplishments and Opportunities for California's Water Supply", October 27. President Mills attended. Gary Hunt spoke about the need for more reservoirs above the delta. It will cost several billion dollars to fix the delta, and the state will not pay. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after October 28, 2004. Agenda is available in the District office prior to meeting. November WACO, November 5, 7:30 a.m. Public Information Committee, November 2, 4:00 p.m. Yorba Linda City Council, November 2, 6:30 p.m. 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. Planning-Engineering-Operations Committee, November 10, 4:00 p.m. Yorba Linda Planning Commission, November 10, 6:30 p.m. ISDOC Board Election & Luncheon November 12, 11:30 a.m. OCWD Ad Hoc Committee, November 15,4:00 p.m. Executive-Administrative-Organizational Com., Nov 16, 4:00 p.m. MWDOC Board, November 17, 8:30 a.m. OCWD Board, November 17, 5:00 p.m. Armstrong & Korn Summerfield Staff Staff Summerfield & Mills Korn & Summerfield Beverage & Armstrong Korn Staff Mills & Beverage Staff Staff -4- 2004-153 MWDOC Ad Hoc Committee, November 22,4:00 p.m December MWDOC/Met Joint Workshop, December 1, 8:30 a.m. OCWD Board, December 1, 5:00 p.m. WACO, December 2, 7:30 am ISDOC Board, December 7, 7:30 am Public Information Committee, December 7, 4:00 p.m. Yorba Linda City Council, December 7, 6:30 pm Planning-Engineering-Operations Committee, December 8, 4:00 p.m. Personnel-Risk Management Committee, December 13, 4:00 p.m. Finance-Accounting Committee, December 14, 4:00 p.m. MWDOC Board, December 15, 8:30 a.m. OCWD Board, December 15, 5:00 p.m. Yorba Linda Planning Commission, December 15, 6:30 pm Executive-Administrative-Organizational Com. December 21, 4:00 p.m. Yorba Linda City Council, December 21, 6:30 pm ISDOC Membership, December 30,11:30 am President Mills declared a break at 10:35 a.m. Mills & Korn Staff Staff Armstrong & Summerfield Beverage & Armstrong Summerfield & Mills & Summerfield Staff Staff Mills & Beverage Armstrong At 10:38 a.m. the Board reconvened. All Directors were present. Also present were General Manager Payne, Assistant General Manager Vecchiarelli, and General Counsel Kidman. 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. 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. c. Conference with Legal Counsel regarding potential litigation. Justification for Closed Session is Government Code Section 54956.9 - One case. RECONVENE IN OPEN SESSION The Board of Directors reconvened in open session at 11:31 a.m. CLOSED SESSION REPORT There was no Closed Session report. -5- 2004-154 ADJOURNMENT At 11:32 a.m., on a motion by Director Korn, seconded by Director Summerfield, the Board voted 4-0 to adjourn to a regular meeting of the Board scheduled for Tuesday, November 9, 2004 at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive. MMichia`el A. Payne Secretary/General -6-