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HomeMy WebLinkAbout2002-03-28 - Board of Directors Meeting Minutes2002-29 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING March 28, 2002 8:30 A.M. The March 28, 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. Korn, 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 Ken Vecchiarelli, Engineering Manager Amelia Cloonan, Executive Secretary Nemesciano Ochoa, Sr. Project Engineer Visitors resent: Brett Barbre, MWDOC Director Mr. Barbre reported the MWDOC Board had adopted the framework for adopting a new rate structure, which it appears will be adopted at the April meeting. INTRODUCTION OF VISITORS AND PUBLIC PARTICIPATION 1. Mayor Mike Duvall of the City of Yorba Linda was not present at the opening of the board meeting. SPECIAL RECOGNITION 2. Ken Vecchiarelli, Engineering Manager, introduced Nemesciano Ochoa who was promoted to Senior Project Engineer, Engineering Department. Mr. Vecchiarelli mentioned that Chuck Gray also accepted a full-time position with the District as a Senior Project Engineer. Nemesciano Ochoa left the meeting at 8:34 a.m. CONSENT CALENDAR On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors voted 5-0 to approve the Consent Calendar. 3. Approve minutes of regular meeting, March 14, 2002. 4. Authorize directors to leave the State of California prior to next meeting. -1- 2002-30 5. Approve disbursements of $260,642.29. 6. Approve declaration of surplus vehicles and miscellaneous equipment. 7. Approve rejecting and referring liability claim of Bernard Thaler, filed by Stephen W. Berger, Esq., to ACWA/JPIA. President Korn raised a question regarding of conflicts of interest for his ownership of Royal Dutch Shell stock as it may pertain to Agenda Items 8, 9, 10 and 11. General Counsel Kidman reviewed his January 1998 opinion on this matter. General Counsel's opinion is that decisions on SWEPI issues do not have a significant impact on Shell Oil's finances and are even further removed from Royal Dutch Shell's finances, thus President Korn does not have a conflict. General Counsel then reviewed Director Beverage's potential conflict of interest issue due to his prior relationship with Toll Brothers. Mr. Kidman stated it is unclear whether income received from Toll Brothers constitutes a conflict of interest in regard to SWEPI. Director Beverage, however, received income from Toll Brothers more than a year ago, so no decisions now are being made relative to a source of income to Director Beverage in the last twelve months. There is thus no conflict of interest. General Counsel then reviewed the Pulte development and concluded there was not a conflict of interest to disqualify Director Beverage and President Korn from these matters. Legal Counsel Kidman will give written confirmation on these matters Mayor Mike Duvall of the City of Yorba Linda entered the meeting at 8:37 a.m. At 8:51 a.m., President Korn introduced him stating that he wanted to recognize his accomplishments while he is the Mayor. We at the District appreciate the cooperation that has existed while he has been Mayor of Yorba Linda. President Korn also expressed his personal appreciation. Mayor Duval gave a report on his State of the City address presented March 27. Additionally, he presented background information on the 301A Waiver (how much treated effluent can go into the ocean). He spoke about dechlorinating water, bio solids, dechlorination processes and equipment, Orange County Sanitary District, ocean outflow. The City of Yorba Linda thinks the waiver is OK, and the answer should be out early in June. Director Abramowitz expressed the hope that Mr. Duvall would try to generate support among the rest of the Council to transfer the city sewer system to the District. President Korn asked Lee Cory to give a followup on the sewer spill responded to by the Yorba Linda Water District. Mr. Cory gave the background and stated it was a response time element that caused the District to be called in order to minimize the amount of raw sewage going into the storm drain. Mr. Cory reported there are new rules coming out for sewer agencies. A recess was declared at 9:22 a.m. Mayor Duvall and Brett Barbre left the meeting. The meeting reconvened at 9:32 a.m. with all Directors present. -2- 2002-31 ACTION CALENDAR 8. Consider not imposing a Bastanchury PRD fee to finance pressure zone 3 and 4 transmission pipelines. William Robertson, General Manager, presented the report. This issue has not previously been reviewed by the Board. The reasons for not implementing the fee are spelled out in the agenda report and have been covered in the Planning- Engineering-Operations Committee meetings. Questions were asked, and a discussion was held. Items discussed included: approval for oversizing the pipes by the Board of Directors on October 28, 1999, reasons for oversizing pipes, areas where benefits would occur, cost allocations, and the need to update the master plan. General Counsel Kidman expressed his opinion on ad hoc negotiations and decisions and the rights of developers not to be charged for making up deficiencies and to be treated reasonably equally with other developers. On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 to not implement a fee in the Western Service Area for pressure zone 3 and 4 transmission pipelines. 9. Consider FFDCA - Transmission Main for the Vista Del Verde Development (Continued from the Board Meeting of March 14, 2002.) Ken Vecchiarelli, Engineering Manager, presented the report. Questions were asked, and a discussion was held. Items discussed included: possible benefits to I.D. 1, share of costs, question of insurance and liability limitation. William Robertson stated the indemnifications were strengthened in this agreement. Director Beverage moved to approve the item. Vice President Summerfield seconded the motion. Director Abramowitz introduced a question regarding meeting CEQA requirements. Director Beverage called for the question. The Board of Directors voted 4-1, with Director Abramowitz voting no, to authorize the President and Secretary to execute the Facility Finance, Design and Construction Agreement (FFDCA) with Shell Western E&P, Inc. (SWEPI) for the 16-inch Zone 3 Transmission Main. 10. Consider FFDCA - Transmission Mains for the Pulte Home Corporation Project. Ken Vecchiarelli, Engineering Manager, presented the report and outlined the areas covered. Questions were asked, and a lengthy discussion was held. Items discussed included: the increase in size, the density. Ken Vecchiarelli agreed with Director Abramowitz that the District is sizing these facilities as for #1 backup and for appropriate size city has planned. Director Abramowitz asked General Counsel Kidman if the District can commit to a specific action without first meeting CEQA requirements. General Counsel Kidman stated that the timing of when to undertake CEQA compliance is a question of judement to be answered on a case-by-case basis. CEQA documentation must be completed after the project is sufficiently defined to allow meaningful review but must be completed before the public agency is committed to carry out the project. W. Kidman went on to say that if a public agency enters into a contract committing it to build particular facilities or projects, than CEQA compliance should be accomplished before entering into the contract. Projects like this one often are approved through the city before District action, so the District -3- 2002-32 should be able to reference existing environmental documentation approved by the city. Mr. Kidman declined to rule that approval of this contract would violate CEQA but recommended the District should make sure CEQA is considered before Board approvals committing to projects that could effect the physical environment. On a motion by Vice President Summerfield, seconded by Director Armstrong, the Board of Directors voted 4-1, with Director Abramowitz voting no, to approve increasing the size of the Zone 3 and 4 transmission mains serving the Pulte project and authorize the President and Secretary to execute the Facility Finance, Design and Construction Agreement (FFDCA) for this project. 11. Consider Reimbursement to Vista Del Verde, LP for Transmission Pipelines. (Continued from the Board meeting of March 14, 2002.) Ken Vecchiarelli, Engineering Manager, presented the report and explained where the benefits would accrue. Questions were asked, and a discussed was held. On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 to authorize reimbursement of $608,465 to Vista Del Verde, LP for transmission pipelines constructed pursuant to the May 25, 2000 Facility Finance, Design and Construction Agreement. A recess was declared at 10:44 a.m. The meeting reconvened at 10:52 a.m. with all Directors present. 12. Consider recommendations on "things to do" list (continued from the Board meeting held March 14, 2002). President Korn stated his original intent was to get a status report. The General Manager's recommendations are on the Agenda. Directors Armstrong and Abramowitz indicated the items they wished to have reviewed. On a motion by Director Beverage, seconded by Director Abramowitz, the Board of Directors voted 4-0-1, with Director Armstrong abstaining, to accept the items not brought up for review. Director Beverage then moved to have the Board of Directors look at each item marked for review and have the Directors vote on whether they wish to have the item brought up for further discussion. The motion died for lack of a second. Director Beverage then moved, and Director Armstrong seconded, with the Board of Directors voting 5-0, to ask that the Director who checked a particular item review the item with the General Manager to determine if the Director still wanted further discussion on the item. Director Armstrong moved, and Director Beverage seconded, with the Board of Directors voting 5-0, to request the General Manager make a report on the discussions he has with the individual Directors on the items they wanted reviewed. 1. Engineering Workload. Accept staff recommendation. RECOMMENDATION: Finished. People are being hired. -4- 2002-33 2. Engineering Practices. (Abramowitz) RECOMMENDATION: Department was reorganized, no further effort at this time. 3. Parking at Plumosa. (Armstrong) RECOMMENDATION: Staff looked into situation. No practical alternatives exist. No further effort. 4. Earthquake issues. (Abramowitz) RECOMMENDATION: Active communication between City and District staff is an on-going part of our effort. No further effort at this time. 5. Well Water 75%. Accept staff recommendation. RECOMMENDATION: Active. Work on projects is moving forward. 6. Remote Pay stations. Accept staff recommendation. RECOMMENDATION: No further effort at this time. 7. Bill Pay Options (Abramowitz) RECOMMENDATION: Finished. Options are now in place. 8. SARI Line. Accept staff recommendation. RECOMMENDATION: Issue was discussed with Board. No further effort. 9. Low Pressure Problems (Armstrong) RECOMMENDATION: Active. Studies and projects are moving forward. 10. NOCCCD property (Abramowitz) RECCOMENDATION: Monitor, otherwise no further effort. 11. Sports park at Elk Mountain & Fairmont. Accept staff recommendation. RECOMMENDATION: Active. Projects are moving forward. Goal conflicts between public access and security is still under investigation. 12. Building Reservoirs to park vehicles. (Abramowitz) RECOMMENDATION: Finished, no further effort at this time. 13. Clean City of Brea Sewers. Accept staff recommendation. RECOMMENDATION: Monitor but otherwise no further effort at this time. 14. City Sewer Ownership. Accept staff recommendation. RECOMMENDATION: Active, continue to pursue. 15. Energy Management Plan (Armstrong) RECOMMENDATION: Monitor but otherwise no further effort on studying hydro, generator or out of state power options at this time. 16. City Lighting Service. Accept staff recommendation. RECOMMENDATION: No further effort. 17. Sewer Extension. Accept staff recommendation. RECOMMENDATION: On-going monitor of sewer policies otherwise no further effort at this time. 18. Annex islands. Accept staff recommendation. RECOMMENDATION: Active. Will pursue annexations, except Amos Travis, after settlement of litigation. 19. Reconsider Wastewater Treatment Plant. Accept staff recommendation. RECOMMENDATION: No further effort. 20. Build out: When and how will it impact us. Accept staff recommendation. RECOMMENDATION: Concern over staffing issues will be addressed in the Five Year Plan updates. No further effort at this time. 21. Acquire So Cal Water. Accept staff recommendation. RECOMMENDATION: Not cost effective. No further effort. -5- 2002-34 22. Reservoir Cleaning. Accept staff recommendation. RECOMMENDATION: Finished. Regular cleaning is implemented. 23. Increase Community Awareness. Accept staff recommendation. RECOMMENDATION: Community awareness programs remain active. Staff will get Nickey Petroleum reports. 24. Error in List of Items - There is no Item 24. 25. Railroad lowering. Accept staff recommendation. RECOMMENDATION: Monitor only. 26. OCWDIBB litigation. Accept staff recommendation. RECOMMENDATION: Active. 27. MWD water rate structure. Accept staff recommendation. RECOMMENDATION: Active. 28. Golf Course Water Rate. Accept staff recommendation. RECOMMENDATION: Active. 29. Water pressure problem in ID-1. Accept staff recommendation. RECOMMENDATION: Active. Studies and projects are moving forward. 30. Security measures plan and approval by BOD. Accept staff recommendation. RECOMMENDATION: Finished. Board will see components in the future. 31. Per Diem (Abramowitz) RECOMMENDATION: No further effort. 32. Scheduling Committee meetings (Abramowitz) RECOMMENDATION: No further effort. 33. Schedule presentation by Orange County Sanitation District. Accept staff recommendation. RECOMMENDATION: No further effort. 34. Policies to comply with the SB 221/610 development issues. Accept staff recommendation. RECOMMENDATION: Active. Guidelines will come to the Board in the future. 35. Evaluation of IRWD water rates structure (Abramowitz) RECOMMENDATION: No further effort. 36. Chino Basin water storage issues (Abramowitz) RECOMMENDATION: No further effort. 37. Lobbyist (Sacramento Advocates) plan of action for approval by BOD (Abramowitz) RECOMMENDATION: Active. 38. Monitor and report on consolidation and privatization issues. Accept staff recommendation. RECOMMENDATION: No further effort. 39. Prepare legislative advocate work-plan and priority list. (Abramowitz) RECOMMENDATION: No further effort. 40. Coordinate feasibility study regarding level pay plan, variety of different pay options and status report on credit card usage. (Abramowitz) RECOMMENDATION: Finished. 41. Undertake analysis of Best Management Practices and present recommendations to the board. (Abramowitz) RECOMMENDATION: District voluntarily uses BMP's. No further effort at this time. -6- 2002-35 42. Investigate feasibility of self-funding and/or government grants for such conservation programs as moisture testers on residential and commercial landscaping. (Abramowitz) RECOMMENDATION: No more effort. 43. Analyze District services to identify areas where costs can be reduced without reducing the current high level of customer service. (Abramowitz) RECOMMENDATION: Monitor. 44. District history project (although an element of this project is part of the District video). Accept staff recommendation. RECOMMENDATION: No further effort. 45. Facilitate transferring City owned sewer system to District. Accept staff recommendation. RECOMMENDATION: Active, continue to pursue. 46. Complete facility signage program. Accept staff recommendation. RECOMMENDATION: Active. 47. Evaluate purchasing bottled water in large quantities for distribution during emergencies. (Armstrong) RECOMMENDATION: No further effort. 48. Greater participation in Placentia activities. Accept staff recommendation. RECOMMENDATION: Finished. 49. Move forward with "sports field" at the Elk Mountain Reservoir. Accept staff recommendation. RECOMMENDATION: Active. See number 11. 50. Monitor feasibility of acquiring our own imported water supply. Accept staff recommendation. RECOMMENDATION: Monitor, otherwise no effort. 51. Complete Board of Directors handbook. (Abramowitz) RECOMMENDATION: No further effort at this time. 52. Write history of Board practices. Accept staff recommendation. RECOMMENDATION: No further effort. 53. Surplus land at OC-51. (Abramowitz) RECOMMENDATION: Finished. Disposition of land may coincide with Hidden Hills Reservoir project. 54. Quarterly status report to Board of Directors. Accept staff recommendation. RECOMMENDATION: Active. 55. Investigate non-monetary benefits for employees. (Abramowitz) RECOMMENDATION: Still under consideration. 56. Investigate methods to reduce the time it takes to fix leaks. (Abramowitz) RECOMMENDATION: On-going. 57. Complete thorough investigation of alternate fuel vehicles, trucks and equipment and grant programs to mitigate capital costs. (Abramowitz) RECOMMENDATION: No further effort. 58. Participate in MWDOC's county-wide water use and conservation study. Accept staff recommendation. RECOMMENDATION: MWDOC study is finished. 59. Variety of Issue briefs: a. Consolidation with the City - does it really make economical or political sense, and related issues: (Abramowitz) -7- 2002-36 RECOMMENDATION: Monitor legislation otherwise no further effort at this time. b. Water supply issues: Accept staff recommendation. RECOMMENDATION: Discussions of these issues are on-going, thus no special issue brief will be prepared. c. Water quality regulations - the future and affect on water rates. Accept staff recommendation. RECOMMENDATION: Active. d. Best Management Practices - to implement or not implement, or cost versus benefit. (Abramowitz) RECOMMENDATION: District voluntarily uses BMP's. No further effort at this time. e. ERAF, property tax shift and share of one percent basic tax levy, and how they affect water rates. Accept staff recommendation. RECOMMENDATION: Board is educated about property tax issues. Will continue to monitor and respond to legislation. f. Retained Earnings. Accept staff recommendation. RECOMMENDATION: Discussions concerning retained earnings have taken place on several occasions. No further effort at this time. g. Philosophy on preventative maintenance. Accept staff recommendation. RECOMMENDATION: No further effort. h. Philosophy on Rate Making - Why use the "postage stamp" rate structure. This is already finished. (Abramowitz) RECOMMENDATION: Discussed at the two previous water rate hearings. No further effort at this time. GENERAL MANAGER'S REPORT 13. General Manager's oral report and comments. a) Report by General Counsel. General Counsel Kidman had nothing to report. b) Form 700. William Robertson, General Manager, asked Director Abramowitz if he intended to file this form himself and requested that he give the District a copy for the file. c) Report on Placentia sewer cleaning - Lee Cory, Operations Manager, commented on the memorandum issued with the agenda packet. d) Report on Cal-OSHA Inspection final letter - Lee Cory, Operations Manager, reported the District was given a "no charge - no violation found" status. He stated that getting rid of the chlorine at Richfield would solve some future worries. e) Toilet giveaway. William Robertson, General Manager, reported the toilet giveaway took place on March 23. Stacy Bavol, Katy Brown, Cheryl Kielty, Chau Le, Mike Robinson, Ruben Gonzalez and Armando Raya participated. -8- 2002-37 Vice President Summerfield reported a District customer asked him how the toilet giveaway works, and he did not have that information to give them. William Robertson answered that Metropolitan Water District provides the toilets. There is no cost to the Yorba Linda Water District. However, Metropolitan is paying, and the District pays Metropolitan rates. d) District activities. William Robertson, General Manager, reported there were some problems with Well 18. Ken Vecchiarelli, Engineering Manager, gave a report. The pilot well was drilled to over 1000 feet. The potential zones came up high in TDS. The District plans to go to 600 feet instead. A full Title 22 will be done. 2000 gallons per minute water is what is required of Shell. William Robertson, General Manager, reported the radio read meters are now working. William Robertson, General Manager, stated he will be on vacation from Friday, March 29 to April 8. COMMITTEE REPORTS 14. Executive-Administration Committee (Korn/Summerfield) A meeting was scheduled for Thursday, April 18, 4:00 p.m. 15. Finance-Accounting Committee (Beverage/Kom) Report of meeting held March 27, 9:00 a.m. Accounting and payroll software, review financials for the year. 16. Personnel-Risk Management Committee (Abramowitz/Armstrong) Meeting scheduled for Wednesday, April 10, 2002, 9:00 a.m. Employee survey, health insurance, employee organization, Engineering Department reorganization, OCWA Salary Survey, status of recruitments. 17. Planning-Engineering-Operations Committee (Summerfield/Beverage) Report of meeting held March 20, 4:30 p.m. Fees for Bastanchury PRD, Shell development. Meeting scheduled for Wednesday, April 3, 4:00 p.m. 18. Public Information Committee (Armstrong/Abramowitz) Meeting scheduled for Wednesday, April 10, 2002, 9:00 a.m. Website. 19. Orange County Water District Ad Hoc Committee (Beverage/Kom) Report of meeting held March 25, 4:00 p.m. Huntington Beach litigation. President Korn reported feedback at the meeting was provided by retiring OCWD General Manager Bill Mills on some projects going on at OCWD. The adaptive management plan was brought up. 20. MWDOC Ad Hoc Committee (Korn/Abramowitz) Meeting scheduled for, Monday, April 8, 2002, 4:00 p.m. -9- 2002-38 INTERGOVERNMENTAL MEETINGS 21. Yorba Linda City Council, Tuesday, March 19, 6:30 p.m. President Korn attended. There was nothing to report. 22. Yorba Linda Planning Commission, Wednesday, March 27, 7:30 p.m. Vice President Summerfield attended. There was nothing that affected the District. BOARD OF DIRECTORS ACTIVITY CALENDAR Authorization to attend meetings scheduled after March 28 and before April 11. Agenda is available at District office prior to meeting. ISDOC Board, Tuesday, Aprril2, 7:30 a.m. No Yorba Linda City Council, Tuesday, April 2, 6:30 p.m. Korn MWDOC/MWD Jt Workshop, Wednesday, April 3,9:00 a.m. No OCWD, Wednesday, April 3, 9:00 a.m. No. WACO, Friday, April 5,7:30 a.m. No MWD, Tuesday, April 9,12:30 p.m. No Yorba Linda Planning Commission, Wednesday, April 10, 7:30 p.m. Armstrong BOARD MEMBER COMM ENTSATEMS FOR FUTURE CONSIDERATION Director Abramowitz asked if a date had been scheduled for the General Manager's evaluation, which is due now. Director Beverage suggested this be done in the Closed Session at the next Board meeting on April 11. Vice President Summerfield requested a copy of the evaluation form used two years ago. Director Armstrong stated the Board has been promised a Nicky Petroleum report. He asked if any followup had been done. Another item of concern is the parking on Plumosa. Now the city will be developing the apartments next to the District, perhaps the District should approach the Planning Commission to inquire about unburdening the street parking situation. Director Armstrong attended Bill Mills' retirement party. Director Abramowitz asked about discussion of the District moving to larger facilities. The District might want to think about accelerating plans to do so because the school district may be interested in purchasing the location from the District. A recess was declared at 11:40 a.m. The meeting reconvened with all Directors present at 11:45 a.m. The Board of Directors went into Closed Session at 11:45 a.m. General Counsel Kidman and General Manager Robertson were 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. There was no discussion. -10- 2002-39 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. The Board of Directors came out of Closed Session at 12:00 noon. No action was taken by the Board in Closed Session. ADJOURNMENT On a motion by Director Beverage, seconded by Vice President Summerfield, the Board of Directors voted 5-0 to adjourn at 12:12 p.m. The next regular meeting of the Board is scheduled for Thursday, April 11, 2002 at 8:30 a.m., at the District Headquarters. Secretary/General Manager i -11- 2002-40