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HomeMy WebLinkAbout2002-01-10 - Board of Directors Meeting Minutes2002-01 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING January 10, 2002 8:30 A.M. The January 10, 2002 meeting of the Yorba Linda Water District Board of Directors was called to order by President Arthur C. Korn at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors Present at Roll Call Arthur C. Kom, President John W. Summerfield, Vice President Mark Abramowitz Paul R. Armstrong Michael J. Beverage Staff Present: William J. Robertson, General Manager Arthur G. Kidman, District General Counsel Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Payne, Assistant General Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Amelia Cloonan, Executive Secretary Russ Shupe, Storekeeper Ray Hahn, Consultant, Engineering Department Visitors present: Dave Peairs, Technical Director, Cal Water Paul McCrady, Plant Technician, Cal Water President Arthur C. Korn introduced Russ Shupe, Storekeeper, who presented an award from the Orange County's United Way for the Yorba Linda Water District's support of their 2001-2002 Workplace Campaign. President Korn presented a certificate from Orange County's United Way to Russ Shupe for his assistance. Russ Shupe left the meeting at 8:35 a.m. CONSENT CALENDAR Items 4 and 5 of the Consent Calendar were pulled for discussion. On a motion by Director Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve the Consent Calendar, with Director Abramowitz abstaining on Item 1. Approve minutes of regular meeting, December 20, 2002. 2. Authorize directors to leave the State of California prior to next meeting. Approve disbursements of $354,339.85. 2002-02 ACTION CALENDAR 4. Approve Terms and Conditions for Water Service with S&S Construction Company, Job No. 0129. Director Beverage declared a conflict of interest. Ken Vecchiarelli, Engineering Manager, reported this item had not gone to committee. Questions were asked, and a discussion was held. On a motion by Director Armstrong, seconded by Director Abramowitz, the Board of Directors voted 4-0-1, with Director Beverage abstaining from all discussion and voting, to approve the Terms and Conditions for Water Service with S&S Construction Company, 5. Approve Terms and Conditions for Water Service with Cal Water, Job No. 0130. There were questions regarding the sewer service and cutback in case of drought. David Peairs of Cal Water gave an explanation. On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve Terms and Conditions for Water Service with Cal Water, Job No. 0130. Dave Peairs and Paul McGrady of Cal Water left the meeting at 8:49 a.m. 6. Consider Implementation of the Golf Course Water Rate (Continued from Dec. 6, 2002). Director Beverage excused himself from the meeting at 8:50 a.m. Director Abramowitz raised several objections and criticisms about the staff's implementation of the golf course water rate. There was a lengthy discussion about the planned water uses, Board review of the water use data and language of Sec. 3.6.3, how the rate was set, MWD's role, and a plan to reduce water use during drought periods and a questionnaire to the City of Yorba Linda. General Counsel Kidman left the meeting at 8:58 a,m. and returned at 9:22 a.m. Director Armstrong moved, and Director Summerfleld seconded, to ask the General Manager to come up with a questionnaire to the City of Yorba Linda, which would indicate they are living up to the requirement that there be some study on the City's part and a plan on what the City has to do to reduce water usage. There was discussion. Director Abramowitz asked to form an ad hoc committee with respect to water usage methods. General Manager Robertson preferred assignment to an existing committee. There was discussion about the committee assignment. President Korn assigned the matter to the Public Information Committee, because the two Directors most interested in the subject are on that committee. The motion was removed from the table. President Korn declared a recess at 9:28 a.m. The meeting reconvened at 9:40 a.m. with all Directors present. -2- 2002-03 7. Consider accepting Financial Statements for five months ended November 30, 2001. Beverly Meza, Business Manager, presented the report. Ms. Meza stated the agenda report is dated incorrectly, because she was unsure the statements would be completed by January 10. The financial statements were completely reformatted to match those of the auditors. Questions were asked, and a discussion was held. On a motion by Director Beverage, seconded by Vice President Summerfield, the Board of Directors voted 5-0 to accept the Financial Reports for five months ended November 30, 2001. Beverly Meza left the meeting at 9:41 a.m. Consider Richfield Plant Renovation Project, Phase II, Job No. 9318. Ken Vecchiarelli, Engineering Manager, presented the report. Mr. Vecchiarelli requested the agenda report be changed to include Change Order No. 7, which was discussed at the Executive Committee meeting on January 9. The need for additional security at the Richfield plant perimeter wall necessitated the change order. Questions were asked. The perimeter wall height, appearance, configuration, materials to be used, upkeep of the wrought iron and cost of the change order were discussed. On a motion by Director Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve staff recommendation leaving 8'2" pilasters with wrought iron at the same height with approximately 10" curve out. On an amended motion by Director Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to add peaked caps to the pilasters. Mr. Vecchiarelli added discussion about Change Order No. 7 in the amount of $37,503.16. He reported there are problems with building number one, the existing metal building. There is inadequate support for proposed loads to be added. Neither Butler nor Osborne will sign off that the building is up to current codes. This is a critical path issue, and a delay of two weeks will cost additional monies. The Board of Directors decided to revisit this item after the Closed Session in order to give Mr. Vecchiarelli time to prepare a written agenda report. On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 to add consideration of Change Order No. 7 as Agenda Item 26. The item, which came up subsequent to preparation of the agenda, needs to be addressed prior to the next Board meeting. Ken Vecchiarelli and Ray Hahn left the meeting at 10:21 a.m. GENERAL MANAGER'S REPORT 9. General Manager's oral report and comments. a) General Counsel Kidman gave updates: 1) McCormick Kidman & Behrens has performed analysis of SB 610 and SB 221 without other firms or agencies involvement. The work should be complete by January 11 and will be in the form of an approximately 70-page manual. 2) General Counsel Kidman suggests updating the -3- 2002-04 Urban Water Manage Plan prior to the next five-year plan, because there is the addition of a groundwater element. 3) Cash back of property tax: preliminary indications are that a cash give back would be allowed under statute, but costs of performing the analysis may outweigh benefits of the cash give back. Part of the complex legal issue is how the "deemed allocated" affects ERAF contributions. b) Form 460 Campaign Statements were forwarded in the agenda materials. c) District activities. General Manager William Robertson noted Roy Stevenson's retirement parry is scheduled for January 24. He asked if anyone wanted to attend and if a proclamation should be issued. Lynn Hample is also retiring. d) Lee Cory, Operations Manager reported on the sewer lift station rehab. Mr. Cory outlined how the work, beginning Monday, January 14, would proceed and stated it would take 3-4 days to complete. COMMITTEE REPORTS 10. Executive-Administration Committee (Korn/Summerfield) Report of meeting held January 9, 2002, 4:00 p.m. Status report of property tax refund task order, General Counsel contract, Director expense reports, status report on goals and objectives. President Korn reported most of the meeting was spent on the Richfield plant. Meeting scheduled for January 30, 4:00 p.m. Outside intergovernmental/agency meeting attendance by Directors, per diem for Directors. 11. Finance-Accounting Committee (Beverage/Kom) 12. Personnel-Risk Management Committee (Abramowitz/Armstrong) Schedule meeting. Security measures. 13. Planning-Engineering-Operations Committee (Summerfield/Beverage) Meeting scheduled for January 21, 4:00 p.m. 14. Public Information Committee (Armstrong/Abramowitz) 15. Orange County Water District Ad Hoc Committee (Beverage/Korn) 16. MWDOC Ad Hoc Committee (Abramowitz/Kom) Meeting to be scheduled at the Board of Directors meeting January 24. William Robertson, General Manager, will contact Stan Sprague regarding the possibility of holding the meetings on a day other than Mondays. President Korn will consider appointing another Board member to the committee if Monday is the only acceptable day. INTERGOVERNMENTAL MEETINGS 17. MWDOC, November 21 Director Abramowitz did not attend. -4- 2002-05 18. MWDOC/MWD Joint Workshop, December 5 Director Abramowitz did not attend. 19. WACO, December 7 Director Abramowitz did not attend. 19. MWDOC, December 19 Director Abramowitz did not attend. 21. YL City Council, December 28, 2001 (Finance Business only, time not set) . President Korn did not attend. 22. WACO, January 4,7:30 a.m. Director Abramowitz did not attend. BOARD OF DIRECTORS ACTIVITY CALENDAR Director Armstrong is unavailable to attend meetings through February 8. Director Abramowitz stated MWDOC is important for the District to attend if we can take action on important items. He questioned whether it is worthwhile to have someone there when the items are not important to the District? Should this be assigned to staff so if there is something important they can attend? If there is no follow up by staff, should a Director attend? President Korn commented more is accomplished at ad hoc committee meetings than by attending the agency meetings, and it may be time to rethink attendance at these meetings. Rather than having a Director attend every meeting, someone could attend when staff determines there is something important to the District. General Manager William Robertson stated he did not feel he should be the one to determine whether something is important enough to the Directors to warrant attendance at meetings. Director Abramowitz: At the water rate public hearing, possible changes in developer fees were discussed. General Manager William Robertson said setting these fees is done in August each year. Developer fees came up in the context of revenue streams to meet budget requirements. There was a discussion. Director Abramowitz noted in the past that if there is an illness or death in the family of a board member, he would like to be notified. He again makes this request. Director Abramowitz asked to put on the agenda for discussion in the future the per diem expenses for members of the Board of Directors. This will be added to the Executive Committee calendar. Director Abramowitz said the Employee Recognition Dinner was very well done. The dinner is the Board showing appreciation to staff. The Board members should be excluded from door prizes. The question of past Board members and past employees was raised. The dinner is sponsored by the Board but organized by the Recreation Committee. -5- 2002-06 President Korn declared a recess at 11:11 a.m. The Board of Directors reconvened at 11:18 a.m. with all members present and went into Closed Session. General Counsel Arthur Kidman, William Robertson, General Manager, and Michael Payne, Assistant General Manager were also present. CLOSED SESSION 23. Discussion of pending litigation to which the District is a party, (Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. OOCC14623, Keith Ranby Saul v. Yorba Linda Water District, et al. 24. Discussion of pending litigation to which the District is a party, (Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. 815921 Huntington Beach vs. OCWD, and Case No. 818852 Fountain Valley vs. OCWD. 25. Discussion of pending litigation to which the District is a party, (Subsection (a) of Section 54956.9), Superior Court of California, County of Orange, Central Justice Center, Case No. OICC15914, Highland Court Homes, LLC vs. YLAU The Board of Directors came out of Closed Session at 11:47 a.m. Kenneth Vecchiarelli, Ray Hahn, Amelia Cloonan, and Lee Cory rejoined the meeting. 26. Approve Richfield Plant Renovation Project, Phase II, Job No. 9318, Change Order No. 7. Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked. On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve Change Order No. 7 in the amount of $37,503.16 and 35 additional days to International Custom Enterprises (ICE) for reinforcement of the structural framing in Building No. 1 at the Richfield Plant Renovation Project, Phase 11. ADJOURNMENT On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 at 11:52 a.m, to adjourn the meeting. of the Board is scheduled for Thursday, January 24, 2002 at 8:30 a.m., -h- Secretary/General Manager