HomeMy WebLinkAbout2002-06-13 - Board of Directors Meeting Minutes2002-65
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS MEETING
June 13, 2002
8:30 A.M.
The June 13, 2002 meeting of the Yorba Linda
order by President Arthur C. Korn at 8:30 a.m.
4622 Plumosa Drive, Yorba Linda.
Water District Board of Directors was called to
The meeting was held at District Headquarters,
Directors Present at Roll Call
Arthur C. Korn, President
John W. Summerfield, Vice President
Paul R. Armstrong
Michael J. Beverage
Directors Absent at Roll Call
Marls Abramowitz
Visitors present: None
Staff Present:
William J. Robertson, General Manager
Arthur G. Kidman, District General Counsel
Beverly Meza, Business Manager
Michael Robinson, Assistant Administrator
Ken Vecchiarelli, Engineering Manager
Amelia Cloonan, Executive Secretary
Leon de Los Reyes, Project Engineer
CONSENT CALENDAR
On a motion by Director Beverage, seconded by Director Armstrong, the Board of Directors
voted 4-0 to approve the Consent Calendar.
Approve minutes of regular meeting, May 23, 2002.
2. Authorize directors to leave the State of California prior to next meeting.
3. Approve disbursements of $1,106,922.81.
4. Approve authorizing the President and Secretary to execute the Declaration of Restrictive
Covenants Agreement with MBK Homes, LTD., a California Limited Partnership, for Tract
16028 (Job No. 0127).
5. Approve authorizing the President and Secretary to execute a Declaration of Restrictive
Covenants Agreement with Mr. & Mrs. Gary Barnes for 17352 La Macinda..
6. Approve Progress Payment No. 9 in the net amount of $247,237.36, to International
Custom Enterprises for construction of the Richfield Plant Renovation Project, Phase 11,
Job No. 9318.
Director Abramowitz entered the meeting at 8:34 a.m.
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ACTION CALENDAR
7. Consider the 2002 Consumer Confidence Report. Michael Robinson, Assistant
Administrator, presented the report. The text was reviewed by the Public Information
Committee. Director Abramowitz stated staff had done a very good job. There were some
complex changes. William Robertson, General Manager, complimented Michael Robinson
and Leon De Los Reyes for their work on the report.
On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of
Directors voted 5-0 to approve the text and publication of the 2002 Consumer Confidence
Report.
8. Consider Resolution 02-01 modifying District purchasing policy. Beverly Meza., Business
Manager, presented the report. The main difference in the policy is the dollar amount.
Both the auditors and the Finance Committee reviewed the policy. Discussion was held
regarding the authorities and guidelines for purchasing and the possible issue of bid rigging
by contractors.
On a motion by Director Beverage, seconded by Director Armstrong, the Board of
Directors voted 5-0 on a roll call vote to adopt Resolution 02-01 modifying District
purchasing policy and rescinding Resolution 91-13.
9. Consider Acceptance of the Financial Statements for ten months ended April 30, 2002.
Beverly Meza, Business Manager, presented the report. The correct figure for "Excess of
Revenues" should be $504,351. Questions were asked.
On a motion by Director Beverage, seconded by Director Abramowitz, the Board of
Directors voted 5-0 to accept the Financial Reports for ten months ended April 30, 2002.
10. Consider Bastanchury Water and Sewer Pipelines for the Vista Del Verde Development.
Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked,
and a discussion was held regarding the original EIR, the cumulative impact, the
construction impact, possible requirement for an EIR, noise impact, and notifications.
Arthur G. Kidman, General Counsel, addressed the EIR issue. His conclusion was that the
District is conducting itself appropriately with respect to the CEQA review.
On a motion by Director Beverage, seconded by Vice President Summerfield, 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 Bastanchury Sewer Pipeline, adopt the
Negative Declaration prepared for the Bastanchury Water and Sewer Pipelines and
authorize staff to file the Notice of Determination.
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11. Consider Water Pipeline Improvements in Imperial Highway. Kenneth Vecchiarelli,
Engineering Manager, presented the report. Questions were asked, and a discussion was
held. There was a meeting with the City about disputed items. The original agenda
amount of $98,586.71 was increased by $15,090.00. Item #1, preliminary design and bid
documents, should be $9,965. Item #3, construct new fire hydrant, will be paid by the
District. It was agreed to split Item #5, relocate backflow device, with the city paying for
the backflow. The District will pay $1825.00. It was agreed the District will pay nothing
on Item 47, concrete encasements for water lines.
On a motion by Director Beverage, seconded by Director Armstrong, the Board of
Directors voted 5-0 to approve reimbursement to the City of Yorba Linda, in the amount of
$113,676.71, for construction of water system improvements in Imperial Highway.
12. Consider support of the "Leave Our Community Assets Local" Coalition. President Kom
presented the report. Questions were asked, and a discussion was held. ISDOC adopted
this and requested each agency adopt it.
On a motion by Director Beverage, seconded by Director Abramowitz, the Board of
Directors voted 5-0 to authorize the Yorba Linda Water District's participation in the
"Leave Our Community Assets Local" (LOCAL) Coalition, without authorizing the
checking of any of the five boxes at the bottom of the form.
A recess was declared at 9:30 a.m. Beverly Meza left the meeting. The meeting reconvened at
9:38 a.m. with all Directors present.
GENERAL MANAGER'S REPORT
13. General Manager's oral report and comments.
a) General Counsel Kidman is the representative of the District's Board to ACWA. He
reported on some legislation inquiries he received from ACWA and a letter he received
regarding Region 10. He received ACWA's legislative outreach program material in
the mail. They propose to try to get agencies to endorse principles in the legislative
package and authorize managers to write letters so authorization is not required every
time.
b) Report on Yorba Linda Arts & Crafts Fair, June 2. Michael Robinson, Assistant
Administrator reported. Director Abramowitz attended. There were good questions
about security issues, water quality and pressure questions.
On Friday, June 7, the District provided water and water bottles at the Rose Drive
School End of the Year Fiesta. 300 water bottles were distributed.
c) Yorba Linda Water District Family Picnic, Saturday, June 29. Reservations: Director
Abramowitz - 3, Director Armstrong - 2, Director Beverage already reserved.
d) Board Tour, Thursday, June 20, 1:00 p.m. The tour will last approximately three hours.
e) District activities. There was nothing further to report.
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COMMITTEE REPORTS
14. Executive-Administration Committee (Kom/Summerfield)
15. Finance-Accounting Committee (Beverage/Kom)
Report of meeting held June 5, 9:00 a.m. Audit, accounting software, purchasing policy,
fixed assets policy. Minutes of the meeting were included in the Agenda.
President Korn stated the Finance Committee requested staff present the accounting
software to the Public Information/Personnel Risk Management Committee because of the
interest of the members of these committees.
16. Personnel-Risk Management Committee (Abramowitz/Armstrong)
17. Planning-Engineering-Operations Committee (Summerfield/Beverage)
The Minutes of the meeting held June 4, 4:00 p.m. were included in the Agenda. Richfield
Plant renovation, Well No. 18 status report, Transmission pipelines in Bastanchury Road,
SWEPI FFDCA's, Mountain View Avenue sewer extension, Avocado Drive extension.
Meeting scheduled for Tuesday, June 18, 2002, 4:00 p.m. Well No. 18 status report,
Richfield Plant status report, I.D. 1 low-pressure alternatives.
18. Public Information Committee (Armstrong/Abramowitz)
Report of meeting held May 29, 9:00 a.m. Website improvements, text of the
Consumer Confidence Report, Salary Survey for Key Management Staff. The report
was included in the Agenda.
19. Orange County Water District Ad Hoc Committee (Beverage/Kom)
20. MWDOC Ad Hoc Committee (Kom/Abramowitz)
Minutes of the meeting held May 20, 2002 were included, for the record, in the Agenda.
INTERGOVERNMENTAL MEETINGS
21. ISDOC Membership, Thursday, May 30,11:30 a.m.
President Korn attended as requested by the Board. The incumbents were reelected.
22. Yorba Linda City Council, June 4, 6:30 p.m.
President Korn attended. A great deal of time was spent discussing why Council meetings
are held.
23. Yorba Linda Planning Commission, June 12, 7:30 p.m.
Director Armstrong attended. There is an issue of traffic access to a proposed low-cost
senior housing development at Imperial Highway and Prospect Avenue. It is presently
planned to empty traffic onto Prospect, not Imperial.
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There is a proposed new sign ordinance regarding temporary signage, including political
campaign signs. There are proposed new size and height regulations, with no signs to be
allowed on medians. Every sign must have on it the identity of who installed the sign, and
the sign must be removed no more than five days after the event.
BOARD OF DIRECTORS ACTIVITY CALENDAR
Yorba Linda City Council, Tuesday, June 18, 6:30 p.m. President Korn
MWDOC, Wednesday, June 19,9:00 a.m. No
OCWD, Wednesday, June 19,6:00 p.m. No
Yorba Linda Planning Commission, Wednesday, June 26, 7:30 p.m. Director Beverage
Director Abramowitz asked to readdress the way the Activity Calendar is handled. President
Korn stated the Board of Directors decided ad hoc committees were more important to the
District than the outside meetings.
BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION
President Korn thanked staff for updates on the status of two items: 1) The memo about the
status of the Placentia sewers, and 2) possible Highland Avenue shutdown.
Director Armstrong reported that visitors to Colorado reported level of the lakes and reservoirs is
down. There was a discussion about conservation measures.
Vice President Summerfield reported on a process whereby the inside of vactor trucks is coated
above original specifications to extend the life of the truck. William Robertson, General
Manager, took note.
Vice President Summerfield queried General Counsel Kidman on whether he needs to disclose
the information that his company has received a contract to provide a piece of equipment to
MWD's Diemer Water Plant. General Counsel Kidman stated that when or if the Board is
required to vote on a new contract for the Diemer Plant, this may be a consideration.
Director Abramowitz also wished to thank staff for the two status memos. He requested a status
report on what options staff is looking at for long-term housing of all the District's operations.
President Korn stated it is not appropriate to ask staff right now because this is a big/complicated
issue. Director Armstrong stated the Five-Year Plan looks at these issues.
The Board of Directors went into Closed Session at 10:26 a.m.
CLOSED SESSION
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. Performance Evaluation of General Manager (Pursuant to Government Code Section
54957).
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Director Abramowitz notified the Board that discussion of compensation must occur in open
session. Director Abramowitz then left the closed session, stating that knowingly violating the
Brown Act is a misdemeanor.
The Board of Directors came out of Closed Session at 11:00 a.m.
On a motion by Vice President Summerlield, seconded by Director Armstrong, the Board of
Directors voted 4-1, with Director Abramowitz voting No, as follows: Although the General
Manager's employment contract does not specify that he be evaluated this year, the Board has
directed its members to individually evaluate his performance as each member sees fit. Board
members may wish to confer with the General Manager on their personal feelings either verbally
or in writing. These comments should be considered individual comments and not necessarily
the consensus of the Board.
Each member of the Board has reviewed Duties and Obligations of the General Manager as set
forth in the water code, and the General Manager's Employment Agreement, signed and dated
June 25, 1999. Additionally, the Board is aware of reports from independent agencies such as
Cal OSHA, the Health Department, and financial auditors who have reviewed and found the
District operations to be satisfactory.
The Board of Directors find the performance of the General Manager to be both adequate and
satisfactory as it pertains to the criteria as set forth in the above documents and the District's
Mission Statement.
On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors
voted 5-0 to increase the salary of the General Manager from $105,000 to $115,500 per annum,
effective July 1, 2002. The salary increase is an equity increase.
ADJOURNMENT
On a motion by Director Beverage, seconded
Directors voted 5-0 to adjourn at 11:05 a.m.
by Vice President Summerfield, the Board of
The next regular meeting of the Board is scheduled for Thursday, June 27, 2002 at 8:30 a.m., at
the District Yk"a aua rs.
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Secretary/General Manager