Loading...
HomeMy WebLinkAbout2002-01-24 - Board of Directors Meeting Minutes2002-07 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING January 24, 2002 8:30 A.M. The January 24, 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 Michael J. Beverage Director Absent at Roll Call Paul R. Armstrong Staff Present: William J. Robertson, General Manager Arthur G. Kidman, District General Counsel Lee Cory, Operations Manager Michael Payne, Assistant General Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Amelia Cloonan, Executive Secretary Visitors present: Brett R. Barbre, MWDOC Director. Mr. Barbre gave a brief update on the Metropolitan rate structure and the recapture case. CONSENT CALENDAR Director Abramowitz requested items 1, 4, 5 and 7 of the Consent Calendar be pulled for discussion. On a motion by Director Abramowitz, seconded by Director Beverage, the Board of Directors voted 4-0 to approve Consent Calendar items 2, 3 and 6. 2. Authorize directors to leave the State of California prior to next meeting. 3. Approve disbursements of $776,962.07. 6. Approve Progress Payment No. 4, in the net amount of $92,336.53, to International Custom Enterprises for construction of the Richfield Plant Renovation Project, Phase II. ACTION CALENDAR 1. Approve minutes of regular meeting, January 10, 2002. Director Abramowitz questioned how the minutes reported his attendance at intergovernmental meetings. There was lengthy discussion. On a motion by President Kom, seconded by Vice President Summerfield, the Board of Directors voted 4-0 to approve the minutes as originally written. 2002-08 4. Notice of approval authorizing the President and Secretary to sign the settlement agreement substantially in the form as submitted by General Counsel: Superior Court of California, County of Orange, Central Justice Center, Case No. OICC 15914, Highland Court Homes, LLC vs. YLWD. Director Abramowitz questioned why there was no indication attached to the agenda as to the composition of the settlement. General Counsel Kidman responded this agenda item meets the requirements. as the settlement documentation is available for any member of the public to review. On a motion by Director Beverage, seconded by Vice President Summerfield, the Board of Directors voted 4-0, to notice approval authorizing the President and Secretary to sign the settlement agreement substantially in the form as submitted by General Counsel: Superior Court of California, County of Orange, Central Justice Center, Case No. OICC 15914, Highland Court Homes, LLC vs. YLWD. 5. Approve the purchase of one additional AutoCAD license. Director Abramowitz asked if the District is updating the license it already has and if those outside the District are required to match what the District does have. Ken Vecchiarelli, Engineering Manager, responded the license is being updated. On a motion by Director Abramowitz, seconded by Vice President Summerfield, the Board of Directors voted 4-0 to approve the purchase of one additional AutoCAD license. 7. Approve quitclaim of District easement. Director Abramowitz questioned if the quitclaim of lots was being done one at a time and asked what valuable consideration was received. Ken Vecchiareili, Engineering Managers, responded all the lots were being done at the same time, and the valuable consideration for the District consisted of handing over the responsibility for the easement. On a motion by Director Beverage, seconded by Vice President Summerfield, the Board of Directors voted 4-0 to approve the quitclaim of District easement recorded May 20, 1965, in Book 215, Pages 43 and 44 of Miscellaneous Maps, and authorize the President and Secretary to execute the Quitclaim Deed. 8. Consider Consultant Agreement with McCormick, Kidman & Behrens for General Counsel Services. William Robertson, General Manager, presented the report. Questions were asked about the differences between this contract and the one signed in 1999, a change in the number of meetings, extra meetings, increase in rates, payment for expenses related to ACWA Legislative Committee. A discussion was held. On a motion by Director Abramowitz, with the comment that General Counsel Kidman and his firm have done an outstanding job in providing the District with services, seconded by Director Beverage, the Board of Directors voted 4-0 to authorize the General Manager to execute an agreement with McCormick, Kidman & Behrens for General Counsel services. 9. Consider Task Order to District's General Counsel for continuing the investigation into property tax refund issues. William Robertson, General Manager, presented the report. Questions were asked regarding the term "deemed allocated. General Counsel Kidman gave an explanation of the history of this issue. A discussion was held. -2- 2002-09 On a motion by Director Beverage, seconded by Director Abramowitz, the Board of Directors voted 4-0 to not authorize a task order to General Counsel to continue investigation of property tax refunds. 10. Consider Intergovernmental Meeting Assignments and the MWDOC Ad Hoc Committee. William Robertson, General Manager, presented a report. The Board discussed the importance and problems of attending some intergovernmental and ad hoc committee meetings. The consensus is the ad hoc committee meetings are more valuable than MWDOC and/or OCWD Board meetings. There was a lengthy discussion about scheduling the MWDOC Ad Hoc Committee meetings. President Korn said the general policy is when the assigned Board member cannot attend, the President will attend, or in his absence, the Vice President will attend. If the Vice President is not available, then the President will find a substitute to fill in. After discussion, the MWDOC Ad Hoc Committee meeting was scheduled for Monday, January 28 at 4:00 p.m., and Director Beverage will substitute for Director Abramowitz. President Korn noted Director Beverage is not replacing Director Abramowitz on the committee but just substituting for him at this meeting. President Korn called a recess at 9:30 a.m. The Board reconvened with all Directors present at 9:42 a.m. DISCUSSION CALENDAR 11. General Counsel's report on "Water Supply and Development: A User's Guide to 2001 Legislation". Arthur G. Kidman, General Counsel, presented the report. He stated the draft document had been distributed to the Board members and requested the draft not be distributed any further. The report is preliminary. General Counsel Kidman gave a summary of SB 610 and SB 221. President Korn stated there is no Board action proposed at this point. He requested staff keep the Board informed. There was discussion about assigning the policy issues to a Board committee. President Korn will consult with staff before making a committee assignment. GENERAL MANAGER'S REPORT 12. General Manager's oral report and comments. a) Report by General Counsel. General Counsel Kidman had nothing further to report. b) MWD moratorium on facility tours. Mike Robinson, Assistant Administrator, reported MWD is continuing its moratorium on access to their facilities because of increased security concerns. c) Toilet giveaway, March 23 - M. Robinson, Assistant Administrator, stated the location for the giveaway would be the Education Center parking lot at Casa Loma Avenue and Yorba Linda Boulevard. The return is scheduled for two weeks later. There was discussion about commercial and industrial customers in the District. -3- 2002-10 d) LAFCO hearing regarding Pulte annexation, February 13. William Robertson, General Manager, stated staff will attend this meeting. e) District activities. 1) William Robertson reminded the Directors about submitting Forms 460 and 470. 2) Lee Cory reported on the project for the sewage lift station. Lee Cory and Mike Robinson left the meeting at 10:30 a.m. COMMITTEE REPORTS 13. Executive-Administration Committee (Korn/Summerfield) Meeting scheduled for Wednesday, January 30, 4:00 p.m. Status report on goals and objectives, attendance of intergovernmental/outside agency meetings by Directors, per diem for Board members, review of construction meter policy. 14. Finance-Accounting Committee (Beverage/Kom) 15. Personnel-Risk Management Committee (Abramowitz/Armstrong) Meeting scheduled for Wednesday, February 20, 9:00 a.m. Security measures, OCWA Salary Survey. 16. Planning-Engineering-Operations Committee (Summerfield/Beverage) Report of meeting held January 21, 4:00 p.m. Vista del Verde reservoir landscaping, Pulte project, Richfield plant status report. Director Summerfield stated the Vista del Verde reservoir landscaping was not discussed. The plan for landscaping and trees as the Richfield plant was presented. Meeting scheduled for Wednesday, February 13, 4:00 p.m. Reimbursement to Shell for large pipelines in Phase I development (approximately $600,000), new in-house project associated with the new well. 17. Public Information Committee (Armstrong/Abramowitz) Schedule meeting for Wednesday, February 20, 9:00 a.m. Golf Course water rate, District tours. 18. Orange County Water District Ad Hoc Committee (Beverage/Kom) 19. MWDOC Ad Hoc Committee (Korn/Abramowitz) Meeting scheduled for Monday, January 28, 4:00 p.m.. Metropolitan water rate. President Kom asked Director Abramowitz how long it would be before he is available on Mondays. Director Abramowitz said he would look at rearranging his schedule and let President Korn know by the next Board meeting. INTERGOVERNMENTAL MEETINGS 20. Yorba Linda City Council, January 15,6:30 p.m. President Kom attended. There was nothing significant to report.. -4- 2002-11 21. MWDOC, January 16,9:00 a.m. (Abramowitz) There was no report. 22. OCWD, January 16,6:00 p.m. (Korn) There was no report. 23. Yorba Linda Planning Commission, January 23, 7:30 p.m. Director Beverage said there was nothing pertinent to the District. Director Abramowitz said there was a report on a quit claim on the agenda with respect to a project. President Korn asked staff to check on this. BOARD OF DIRECTORS ACTIVITY CALENDAR Director Abramowitz said, unless the Board decides otherwise, he will assume we are not attending WACO. BOARD MEMBER COMMENTSATEMS FOR FUTURE CONSIDERATION There were no comments. CLOSED SESSION No closed session was held. General Counsel Kidman received a dismissal of part of the complaint by Fountain Valley. There were four courses of action. Two of those are related to CEQA issue and are not on appeal. The other two courses of action relate to activities by OCWD. Those have been dismissed voluntarily with prejudice, so they cannot be brought back. ADJOURNMENT On a motion by Director Beverage, seconded by Director Abramowitz, the Board of Directors voted 4-0 to adjourn at 10:47 a.m. The next r ting of the Board is scheduled for Thursday, February 14, 2002 at 8:30 a.m., at th RistricTIH adqparters. Manager -5- 2002-12