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Home My WebLink About2002-06-27 - Board of Directors Meeting Minutes2002-71 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING June 27, 2002 8:30 A.M. The June 27, 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 Mark Abramowitz Paul R. Armstrong Michael J. Beverage Visitors present: None Staff Present: William J. Robertson, General Manager Janet Morningstar, District General Counsel Lee Cory, Operations Manager Beverly Meza, Business Manager Michael Payne, Assistant General Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Gloria Lujan, Management Analyst Amelia Cloonan, Executive Secretary President Korn noted a request made to hold the Closed Session at the beginning of the Board Meeting, however, Linda Bauermeister, whose presence was required for the Closed Session, had not yet arrived. CONSENT CALENDAR Item 1 of the Consent Calendar was pulled for discussion. On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors voted 5-0 to approve Consent Calendar items 2, 3 and 4. 2. Authorize directors to leave the State of California prior to next meeting. 3. Approve disbursements of $594,039.24. 4. Approve authorizing the President and Secretary to execute a Declaration of Restrictive Covenants for 18341 Buena Vista Avenue, Mr. & Mrs. Randy Sousa. ACTION CALENDAR 1. Approve minutes of regular meeting, June 13, 2002. Director Abramowitz presented comments to the members of the Board of Directors. -1- 2002-72 On a motion by Vice President Summerfield, seconded by Director Armstrong, the Board of Directors voted 5-0 to refer the minutes of the meeting of June 13, 2002 to staff for revision and to bring them back for approval at the July 11 Board meeting. Linda Bauermeister, Barber & Bauermeister, entered the meeting at 8:36 a.m. The Board of Directors went into Closed Session at 8:36 a.m. CLOSED SESSION 19. Status report on 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. OOCC 14623, Keith Ranby Saul v. Yorba Linda Water District, et al. 20. Discussion of pending litigation to which the District is a party, (Subsection (a) of Section 54956.9), Superior Court Case, County of Orange, Case No. 020004559, Yorba Linda Water District, a California Municipal Corporation, vs. General Accident Insurance Company, Association of California Water Agencies, Joint Powers Insurance Authority, et al. 21. 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 was not discussed. The Board of Directors came out of Closed Session at 8:50 a.m. In Closed Session, on a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve a settlement agreement pertaining to Item 20 subject to approval by other parties and receipt of documents. An announcement will be made following receipt of the signed documents. Linda Bauermeister left the meeting. Alan Cummins, John Coyan, Shapell Industries, and Anthony Garcia representing himself joined the meeting. Anthony Garcia left the meeting at 8:53 a.m. Director Beverage declared a conflict of interest with respect to Item.5 and left the meeting at 8:53 a.m. 5. Consider Water Supply Assessment for North Yorba Linda Estates. Kenneth Vecchiarelli, Engineering Manager, presented the report. William J. Robertson, General Manager, had presented the members of the Board with a revised copy, of the report wherein the changes made were marked. Director Abramowitz commented that he had a request from a member of the public to continue this item. Questions were asked regarding the involvement of the City of Yorba Linda, when the report is due, the public comment period, and the draft EIR document. Discussion was held. Director Abramowitz moved to continue item 5, which motion failed for lack of a second. President Korn declared a recess at 9:12 a.m. The meeting reconvened at 9:21 a.m. with all Directors, except Director Beverage, present. More questions were asked and a discussion was held on whether the WSA and UWMP induced growth. -2- 2002-73 On a motion by Director Armstrong, seconded by Vice President Summerfield, the Board of Directors voted 4-0 to approve and adopt the Water Supply Assessment (WSA) for North Yorba Linda Estates and authorize Secretary to forward the adopted WSA to the City. Director Beverage rejoined the meeting at 9:28 a.m. 6. Consider Mitigated Negative Declaration for Proposed Well #19. Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked, and a discussion was held regarding whether the well is both injection and extraction, whether the District can use this Metropolitan Water District project well as part of the District's system (details still to be worked out), how this project affects the draw, other possible sites. Director Abramowitz requested that the Board members get a copy of what goes out to the District's distribution list. Questions were asked and a discussion was held concerning an exhaustive evaluation of the second Etchandy well. The consensus was to not pursue an exhaustive evaluation of the second Etchandy well. On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 5-0 to adopt the Mitigated Negative Declaration and authorize staff to file the Notice of Determination for the proposed Well No. 19 at the Richfield Plant, Job No. 200205. 7. Consider Director Fee Compensation Report Filed Late. William J. Robertson, General Manager, presented the report. Director Abramowitz asked if he should recuse himself. Janet Morningstar, General Counsel, answered that he should not vote on this item. Director Armstrong moved the Board follow their normal resolution that there is no excuse for filing late. There was a lengthy discussion about Resolution 01-05, requirements to pay Directors regardless of when paperwork is submitted, and the purpose of the policy. On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors voted 4-0-1, with Director Abramowitz abstaining to follow the provisions of Resolution 01-05, which adopted a policy on the timely filing of Director activity and expense reports. GENERAL MANAGER'S REPORT 8. General Manager's oral report and comments. a) Report by General Counsel. Janet Morningstar had nothing to report. b) Employee Picnic, Saturday, June 29. Vice President Summerfield stated he plans to attend the picnic. c) District activities. William J. Robertson reported the Yorba Linda RACES group had their annual session this past weekend, and they appreciate our providing the site to them. COMIVHTTEE REPORTS 9. Executive-Administration Committee (Korn/Summerfield) 2002-74 10. Finance-Accounting Committee (Beverage/Kom) Meeting scheduled for Wednesday, July 3, 9:00 a.m. Sewer maintenance charge, mid-year budget, investment Policy. 11. Personnel-Risk Management Committee (Abramowitz/Armstrong) 12. Planning-Engineering-Operations Committee (Summerfield/Beverage) The minutes of the meeting held June 18, 4:00 p.m. were included in the Agenda. Richfield Plant renovation status report, Well No. 18 status report, I.D. 1 low pressure alternatives, Avocado sewer project. 13. Public Information Committee (Armstrong/Abramowitz) Meeting scheduled for Wednesday, July 10, 4:00 p.m. Accounting software, website status report. 14. Orange County Water District Ad Hoc Committee (Beverage/Kom) 15. MWDOC Ad Hoc Committee (Korn/Abramowitz) INTERGOVERNMENTAL MEETINGS 16. Yorba Linda City Council, Tuesday, June 18,6:30 p.m. President Kom attended. Community Facility Districts as outlined in the letter to the District from the City were discussed. The City adamantly opposes these districts. The District's Board previously declined to consider these districts. 17. Yorba Linda Planning Commission, Wednesday, June 26,7:30 p.m. After discussing the agenda with Ken Vecchiarelli, Director Beverage determined there was nothing of interest to the District and determined there was no reason to attend the meeting. 18. Report of Board Tour, Thursday, June 20, 1:00 p.m. Director Abramowitz reported he was out of town. William J. Robertson said an agenda was not posted and apologized. Kenneth Vecchiarelli reported the bus company refunded half the cost of the bus for the tour because of mechanical difficulties with the bus. BOARD OF DIRECTORS ACTIVITY CALENDAR IS DO C Board, Julys 2,7:30 a.m. YL City Council, Julys 2,6:30 p.m. MWD 0 CIMET Joint Workshop, July 3, 9:00 am 0 CWD, Julys 3, 6:00 p.m. WA CO. July,{ 5,7:30 a.m. MWD, July19,12:30p.m " YL Planrmng Comm, Julys 15, 7:30 p.m. No Meeting Cancelled No No No No Director Beverage -4- 2002-75 BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Director Summerfield will be unable to attend the Board meeting on August 8. Director Armstrong will be unable to attend the Board meetings on August 8 and 22. Director Abramowitz queried whether the Board meeting date should be changed so four members of the Board could attend. ADJOURNMENT On a motion by Director Beverage, seconded by Director Abramowitz, the Board of Directors voted 5-0 to adjourn at 10:09 a.m. The next regular meeting of the Board is scheduled for Thursday, July 11, 2002 at 8.30 a.m., at the DistricllHeadd-u-a-rhers. Wi'URdh J. Robertson Secretary/General Manager -.5- 2002-76