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HomeMy WebLinkAbout2002-09-12 - Board of Directors Meeting Minutes2002-101 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS MEETING September 12, 2002 8:30 A.M. The September 12, 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 Rick Walkemeyer, Chief Plant Operator Beverly Meza, Business Manager Michael Robinson, Assistant Administrator Ken Vecchiarelli, Engineering Manager Gloria Luj an, Management Analyst Amelia Cloonan, Executive Secretary Visitors present: None CONSENT CALENDAR On a motion by Director Armstrong, seconded by Vice President Summerfield, the Board of Directors voted 5-0 to approve the Consent Calendar as follows: Approve minutes of regular meeting, August 29, 2002, with the correction noted that Item 27 was removed from the agenda before the Board of Directors went into Closed Session. 2. Authorize directors to leave the State of California prior to next meeting. 3. Approve disbursements of $452,458.35. ACTION CALENDAR Arthur G. Kidman, District General Counsel, entered the meeting at 8:43 a.m. 4. Consider Pulte Home Corporation Zone 3, 4 and 5 Transmission Pipelines (Continued from August 29, 2002) Director Beverage declared a conflict of interest and did not participate in the discussion or vote on this item. Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked, and a discussion was held. 2002-102 A discussion ensued regarding the comment letters submitted by others and the clarity and completeness of the District's document. Mr. Vecchiarelli emphasized the pipeline construction issues were addressed in the development's EIR already approved by the City of Yorba Linda. Consequently, the sole purpose of this Negative Declaration was to oversize pipes. Questions were asked about the reservoir construction. Mr. Vecchiarelli provided a status report on construction. The Board then discussed a tour of the construction site. President Korn requested that the General Manager consider scheduling tours as either part of committee meetings or a special trip. On a motion by Director Armstrong, seconded by Vice President Summerfield, the Board of Directors voted 3-1-1, with Director Abramowitz voting No and Director Beverage abstaining, to adopt the Negative Declaration prepared for the Pulte Zone 3 and 4 Transmission Mains and authorize staff to file the Notice of Determination and authorize the President and Secretary to execute the Facility Finance, Design and Construction Agreement (FFDCA) for the Pulte Zone 5 Transmission Main. 5. Consider Consulting Agreement with The Keith Companies (Continued from August 29, 2002) Director Beverage declared a conflict of interest and did not participate in the discussion or vote on this item. Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked, and a discussion was held regarding the appropriateness of one firm performing both the construction management services and the construction. Kenneth Vecchiarelli commented this contract does not include construction. On a motion by Director Abramowitz, seconded by Director Armstrong, the Board of Directors voted 4-0-1, with Director Beverage abstaining, to approve a Consultant Agreement with The Keith Companies for the design, construction management and inspection services for the Zone 3 and 4 transmission pipelines, Job No. 0125 and the Zone 5 transmission pipeline, Job No. 0215, within the Pulte Home Corporation development. 6. Consider Terms and Conditions for Water and Sewer Service with Pulte Homes Corporation, Tract No. 16320, Job No. 0208. Director Beverage asked if items 6, 7 and 8 pertained to refunds with S&S. Mr. Vecchiarelli replied there were no refunds involved. Director Beverage participated in the discussion and vote on these items. Kenneth Vecchiarelli, Engineering Manager, presented the report. President Korn stated Items 6, 7 and 8 would be considered together and voted on separately. Questions were asked, and discussion was held about: building permits, the issue of deficiency corrections, water and sewer service timing, the cooperation of the city in timing and feedback to the city, private pumps for residences, piping inside the homes, minimum water pressure requirements. On a motion by Director Abramowitz, seconded by President Korn, the Board of Directors voted 5-0 to approve Terms and Conditions for Water and Sewer Service with Pulte Home Corporation for Tract No. 16320. -2- 2002-103 7. Consider.. Terms and Conditions for Water and Sewer Service with Pulte Homes Corporation, Tract No. 16321, Job No. 0226. Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked, and a discussion was held. On a motion by Director Armstrong, seconded by Director Beverage, the Board of Directors voted 5-0 to approve Terms and Conditions for Water and Sewer Service with Pulte Home Corporation for Tract No. 16321. 8. Consider Terms and Conditions for Water and Sewer Service with Pulte Homes Corporation, Tract No. 15566, Job No. 0227. Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked, and a discussion was held. On a motion by Director Beverage, seconded by President Korn, the Board of Directors voted 5-0 to approve Terms and Conditions for Water and Sewer Service with Pulte Home Corporation for Tract No. 15566. 9. Consider Richfield Plant Renovation Project, Phase II, Job No. 9318. Kenneth Vecchiarelli, Engineering Manager, presented the report. Questions were asked, and a discussion was held. This change order was not included in the design as a matter of timing. The demolition of the Mira Loma wall is the responsibility of the City of Placentia. General Counsel Kidman questioned if this change order included any additional time for completion. Kenneth Vecchiarelli reported the District has signed off on the contractor who has not requested additional time. The contractor will be performing landscaping in October. President Korn asked staff to look into what the proper way is to document what staff intends to do. Some issues include: negotiating for agreement on some outstanding issues with the contractor, landscaping in October, and the obligation of the contractor to maintain the landscaping for a period of time. On a motion by Director Beverage, seconded by Vice President Summerfield, the Board of Directors voted 5-0 to approve Progress Payment No. 12, in the net amount of $101,391.71, and Change Order No. 12, in the amount of $14,936.15, to International Customer Enterprises (ICE) for construction of the Richfield Plant Renovation Project, Phase Il. GENERAL MANAGER'S REPORT 10. General Manager's oral report and comments. a) General Counsel Kidman had nothing to report. b) ACWA/JPIA Board of Directors' Meeting & Fall Conference, Disneyland Hotel, Anaheim, CA, November 18 and 19, 2002. Director Armstrong will attend. c) Earthquake, September 3. Rick Walkemeyer reported the earthquake did not cause any harm or problems. -3- 2002-104 d) District activities. Kenneth Vecchiarelli, Engineering Manager, reported on the Yorba Linda Boulevard activity. The contractor was out for two days to remove silt and sediment from a City of Yorba Linda maintained outfall. The District's reservoir contributed to the situation. The District will meet with the Army Corps of Engineers and the California Department of Fish and Game today. The storm drain was compromised, and the Department of Fish and Game has jurisdiction. The Department of Fish and Game will also meet with S&S. All the costs are not yet in. An estimate for the repair of the outfall system is in the neighborhood of $35,000. The contractor's work for two days will be close to $20,000. The city has agreed to split the cost with the District of the removal operation from the outfall structure. William J. Robertson, General Manager, complimented Kenneth Vecchiarelli who took photos of the old sediment and new sediment to the city. The city then agreed to pay for part of the costs. A recess was declared at 9:32 a.m. Beverly Meza left the meeting. The meeting reconvened, with all Directors present, at 9:43 a.m. COMMITTEE REPORTS 11. Executive-Administration Committee (Korn/Summerfield) 12. Finance-Accounting Committee (Beverage/Kom) There was discussion about scheduling a meeting. Audit, water rates. 13. Personnel-Risk Management Committee (Abramowitz/Armstrong) Meeting scheduled for September 19, 3:30 p.m. 14. Planning-Engineering-Operations Committee (Summerfield/Beverage) Minutes of meeting held September 4, 4:00 p.m. Well 19 agreement; Richfield Plant project update; I.D. No. 1 low pressure issue; Lakeview Gravity Sewer proposal; FFDCA and Negative Declaration for Vista del Verde infrastructure: Highland Booster Stations modifications, New Bastanchury Reservoir and Booster Station; Fairmont Reservoir; Water and Sewer Service to Black Gold Golf Course. There was discussion about scheduling a meeting. 15. Public Information Committee (Armstrong/Abramowitz) Report of meeting held September 10, 4:00 p.m. Waterlines, Annual Report, Fiesta and Heritage Days activities, website. Director Abramowitz reported the committee members received a draft copy of Waterlines. Staff is working on the annual report. The District will not have a float for Fiesta Days this year because of activities at the plant. The District will participate in Heritage Days. -4- 2002-105 President Korn questioned whether it is in the District's interest to purchase space in West Coast Magazine. He requested staff to report to the Board. Michael Robinson, Assistant Administrator, said West Coast Magazine would accept pieces on an intermittent basis without cost to the District. Director Armstrong asked if the information could be made available to the Board of Directors by September 25. A meeting is scheduled for Wednesday, September 25, 2002, 1:00 p.m. Website, West Coast Magazine articles. 16. Orange County Water District Ad Hoc Committee (Beverage/Kom) Meeting scheduled for Monday, September 23, 4:00 p.m. OCWD activities. 17. MWDOC Ad Hoc Committee (Kom/Abramowitz) Meeting scheduled for Monday, October 28, 4:00 p.m. Report on MWDOC Manager's meeting and GM reports, Report on MWD activities, Report on MWDOC activities. INTERGOVERNMENTAL MEETINGS 18. Yorba Linda City Council, September 3, 6:30 p.m. The meeting was cancelled. 19. Yorba Linda Planning Commission, September 11, 7:30 p.m. No one attended. BOARD OF DIRECTORS ACTIVITY CALENDAR Yorba Linda City Council, September 17, 6:30 p.m. Korn OCWD, September 18, 6:00 p.m. Abramowitz Yorba Linda Planning Commission, September 25, 7:30 p.m Armstrong The question was posed whether three Directors who are candidates could be present at the Candidate Meeting at the same time. General Counsel Kidman said if District business is not discussed, this is not a meeting under the Brown Act and thus not a violation of that act. BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Director Abramowitz read a poem composed by Lissa Guardia for September 11 commemoration activities. President Korn asked if there was a need for a Closed Session. Item 20 was removed from the Closed Session. Director Abramowitz was excused from attending the Closed Session. The Board of Directors went into Closed Session at 9:59 a.m. Also present were William J. Robertson, General Manager, and Arthur Kidman, General Counsel. -5- 2002-106 CLOSED SESSION 21. Conference with Legal Counsel - Anticipated Litigation. Significant exposure to litigation pursuant to subdivision (b) Section 54956.9: One case. The Board of Directors came out of Closed Session at 11:05 a.m. and reported action taken in Closed Session regarding Agenda Item 21. On a motion by Director Beverage, seconded by Vice President Summerfield, the Board of Directors voted 4-0 to reject the claim by Director Abramowitz seeking payment for director fees that had not been submitted in compliance with Resolution 01-05. The Board's action was taken in response to the verbal threat by Director Abramowitz made to the General Manager to take the matter to the California Labor Commission if the General Manager did not recommend reversal of the Board's decision of June 27, 2002. The Board considered a confidential memorandum from legal counsel addressing the merits of Director Abramowitz' claim. The Board directed the President to deliver a formal written notice of the Board's rejection of the claim, waive the attorney-client privilege as to legal counsel's memorandum, and provide a copy of the memorandum to Director Abramowitz. ADJOURNMENT On a motion by Director Armstrong, seconded by Vice President Summerfield, the Board of Directors voted 4-0 to adjourn at 11:05 a.m. Board is scheduled for Thursday, September 26, 2002 at 8:30 -6- General Manager