HomeMy WebLinkAbout1998-12-10 - Board of Directors Meeting MinutesPage 3804
December 10, 1998
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
December 10, 1998
The December 10, 1998 regular meeting of the Yorba Linda Water District Board of Directors
was called to order by Vice President Arthur Korn at 8:30 a.m. The meeting was held at District
Headquarters, 4622 Plumosa Drive, Yorba Linda.
Directors present at Roll Call:
Vice President Arthur C. Korn
Mark Abramowitz
Paul R. Armstrong
Brett R. Barbre
Michael J. Beverage
Directors absent at roll call
none
Visitors
Kenny Witt, MWDOC
Staff present:
William J. Robertson, Secretary/General Manager
Arthur G. Kidman, General Counsel
Lee Cory, Operations Superintendent
Charles Gray, Engineering Manager
Robin Katz, Customer Service Supervisor
Raquel Lazo, Secretary to the General Manager
Roger Lubin, Executive Asst. to the General Manager
Michael Payne, Assistant General Manager
Michael Robinson, Assistant Administrator
Ken Vecchiarelli, Assistant Engineering Manager
Vice President Korn recognized Kenny Witt, who reported that Metropolitan Water District of
Southern California has begun recruiting a new General Manager, and that the dedication
ceremony for their new headquarters building will be held Friday, December 11, 1998.
ANNUAL REORGANIZATION OF THE BOARD OF DIRECTORS
Item 1. Seat Directors Abramowitz, Armstrong, and Barbre. General Manager William J.
Robertson reported that the County of Orange has certified the November 3, 1998 election
results, in which incumbent Paul R. Armstrong, along with Brett R. Barbre and Mark
Abramowitz were elected to the Board of Directors.
The Board of Directors officially welcomed and seated new directors Mark Abramowitz and
Brett Barbre.
Item 2. Annual selection of President and Vice President. Vice President Arthur C. Korn
opened nominations for President of the Board of Directors. Director Armstrong nominated Vice
President Arthur C. Korn for President, and Michael Beverage as Vice President. The motion
was seconded by Director Beverage. There were no other nominations. The Board of Directors
voted 5-0 to elect Arthur C. Korn President and Michael Beverage as Vice President.
Page 3805
December 10, 1998
On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of
Directors voted 5-0 to appoint William J. Robertson as Corporate Secretary, Michael Payne as
Corporate Assistant Secretary, and Beverly Meza as Auditor.
Item 3. Annual Review of Board of Directors Committee Assignments. General Manager
Robertson reviewed the various committees and noted that with the election of two new
directors, staff expected numerous changes in Committee assignments. Director Korn suggested
the following Committee assignments.
Executive-Administrative-Organizational Committee:
Finance-Accounting Committee:
Personnel-Risk Management Committee:
Planning-Engineering-Operations Committee:
Public Information Committee:
Shell Development ad-hoc Committee
Kom (Chair)Beverage
Kom (Chair)/Abramowitz
Armstrong (Chair)/Abramowitz
Armstrong (Chair)Barbre
Beverage (Chair)Barbre
Beverage (Chair)/Armstrong
President Korn made the following Committee assignments:
District-City Finance Committee: Kom; Alternate, Abramowitz
ISDOC Representative:
ACWA/JPIA Representative:
Special District Workers' Compensation
Authority - Elected:
WACO Planning/Executive Committee
Elected:
ACWA Region 10 Board:
Staff and Barbre; Alternate, Korn
Armstrong; Alternate, Abramowitz
Korn
Armstrong; Alternate, Abramowitz
Abramowitz
President Korn then made the following intergovernmental assignments for Directors:
Orange County Water District: Barbre/Armstrong
Orange County Water District regular meeting: Barbre/Armstrong
Municipal Water District of Orange County: Abramowitz/Kom
Page 3806
December 20, 1998
Yorba Linda City Council-first meeting:
Yorba Linda City Council-second meeting:
Yorba Linda Planning Commission-first meeting:
Yorba Linda Planning Commission-second meeting:
LAFCO:
Kom/Abramowitz
Kom/Abramowitz
ArmstrongBarbre
ArmstrongBarbre
Staff/ Beverage
On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of
Directors voted 5-0 to confirm the appointments made by President Dorn.
Item 4. Annual review and consideration of the Board of Directors' compensation. President
Korn reported that the Executive Committee reviewed the Board of Directors' compensation.
The Board of Directors concurred with the Committee, and, on a motion by Vice President
Beverage, seconded by Director Abramowitz, the Board of Directors, for the seventh consecutive
year, voted 5-0 to make no changes in Director compensation.
CONSENT CALENDAR
On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of
Directors voted 5-0 to approve the Consent Calendar.
Item 5. Minutes of adjourned regular meeting, November 24, 1998.
Item 6. Authorize Directors to leave the State of California prior to next meeting.
Item 7. Disbursements of $673,957.06.
Item 8. Approve terms and conditions for water service with Barry Murdock, for property
located at the northwest corner of La Palma Avenue and Via Lomas de Yorba West, Job 9827.
ACTION CALENDAR
Item 9. Consider Alder Avenue and Dorinda Road Pipeline Replacement, Job 9610.
Engineering Manager Chuck Gray reported that staff and ASL Consulting Engineers have
completed the process of negotiating change order submittals made by Casada Construction.
These change orders cover additional work required as conditions of the City of Yorba Linda's
encroachment permit as well as field conditions encountered during construction.
On a motion by Director Abramowitz, seconded by Vice President Beverage, the Board of
Director voted 5-0 to:
• Approve Progress Payment No. 2 to Steve Casada Construction Comp[any, Inc. in the
amount of $83,040, less a 10 percent retention of $8,304, for a net payment of $74,736; and,
• Approve Change Order No 1, in the amount of $33,667.70.
Page 3807
December 10, 1998
GENERAL MANAGER'S REPORT
Item 10. General Manager's oral report and comments:
a) General Counsel's report. General Counsel Arthur G. Kidman reported that option B
participants in the Orange County Bankruptcy case have presided in having their claim
against Merrill-Lynch reinstated in State court. On a motion by Vice President Beverages
seconded by Director Barbre, the Board of Directors voted 5-0 to discuss this in closed
session. Director Abramowitz asked for a report from General Counsel Kidman on pending
litigation concerning the District.
b) Water Quality. General Manager Robertson reported on a water quality problem in ID 2 that
seems to have been rectified.
c) Employee Recognition Dinner, scheduled for December 11.
d) CRWUA Conference, December 16-18. General Manager William Robertson announced
that he and Director Abramowitz planned to attend.
e) District activities.
• General Manager William Robertson invited all Directors to contact Main Photo and arrange
for their official portraits.
• Copies of key ordinances and resolutions were distributed to all directors.
• New Board Room chairs have been ordered. Delivery is expected in mid-January.
• A luncheon for former Director Carl Scanlin is scheduled for January 21, 1999.
COMMITTEE REPORTS
Item 11. Executive-Administration Committee. Will meet January 6, 1999 at 8:30 a.m.
Item 12. Finance-Accounting Committee. Will meet January 13, 1999 at 9:00 a.m.
Item 13. Personnel-Risk Management Committee. Will meet December 14, 1998 at 3:30 p.m.
Item 14. Planning-Engineering-Operations Committee. Will meet January 5, 1999 at 3:00 p.m.
Item 15. Public Information Committee. Will meet January 12, 1999 at 4:00 p.m.
Item 16. Shell Ad-Hoc Committee. No report.
INTERGOVERNMENTAL MEETINGS
Item 17. Yorba Linda City Council, December 1 (Kom): Nothing of concern to the District
transpired.
Item 18. SDWCA board meeting, December 7 (Korn): Reported that SCWCA will put more
effort into assisting special districts with safety programs.
Item 19. ACWA Fall Conference, December 2-4 (Armstrong): Reported on the conference.
Page 3808
December 10, 1998
Item 19a. Planning Commission, December 9 (Armstrong): Reported on the inclusion of
District-sponsored terms and conditions in an development project approved by the Commission.
President Korn declared a recess at 9:50 a.m. The Board reconvened in closed session at 10:00
a.m.
CLOSED SESSION:
Item 20. Pending litigation to which the District is a party, (Subsection (a) of Section 54956.9),
County of Orange, Chapter 9, Case No SA 94-22272-JR; Orange County Investment Pools,
Chapter 9, Case No. SA 94-22273-JR before the US Bankruptcy Court, the Central District of
California.
No reportable actions were taken, and the Board exited closed session at 10:48 a.m.
BOARD MEMBER COMMENTSATEMS FOR FUTURE CONSIDERATION
Mark Abramowitz: Attended a reception sponsored by Montgomery/Watson Engineers and
wanted to know if it had to be declared on his Conflict of Interest form. He also mentioned that
Ash Dinghra said hello to his friends at YLWD.
Director Abramowitz wanted the Executive Summary of the California Water Plan, and
discussed the OCWD replenishment project. He mentioned that release of the movie "Civil Suit"
will probably generate phone calls to the District, and stated that staff should plan on sending
information out ahead of the movie's release. Director Abramowitz also wants to discuss
bringing So. Cal. Water's Locke Ranch into the District. He also mentioned that the City of
Long Beach would like to give us a tour of their bottled water operation.
Paul Armstrong: Wants timeline from LAFCO on turning over unincorporated county islands to
the City of Yorba Linda. He also inquired whether the "Lakebed" will be turned over to the City.
Mike Beverage: Wants to continue moving forward with Placentia Sewer Maintenance even if
we don't annex their system.
Brett Barbre: Wants information regarding people who are not connected to the sewer system.
He also advocated discussion with the City of Yorba Linda about taking over their sewer system.
He suggested Board consideration of a District website.
He also had a question on Conflict of Interest issues, and General Manager Robertson asked
General Counsel Kidman to do a workshop at the January Board meeting he is scheduled to
attend.
Page 3809
December 10, 1998
Other Matters:
Referred to the Public Information Committee: Discuss whether to send a letter to our customers
updating them on the Orange County bankruptcy.
Referred to the Personnel/Risk Management Committee: A review of current litigation against
the District.
General Counsel Kidman mentioned three matters:
1) the employee of a contractor suing us over an accident during the Plant No. 1 renovation;
2) the lawsuit about rejecting the low bidder on the Plant No. 1 project, and
3) the Dynasty matter: The District provided information to another firm, but this matter has not
reached the stage where we are directly involved in a lawsuit.
General Manager Robertson stated that Assistant General Manager Mike Payne will review in-
house Risk Management activities at the Personnel/ Risk Management Committee meeting.
BOARD OF DIRECTORS ACTIVITY CALENDAR
The Board of Directors reviewed the Activity Calendar and made assignment changes.
ADJOURNMENT
On a motion by Director Beverage, seconded by Director Barbre, the Board of Directors voted
5-0, at 11:16 a.;n., to adjourn to Tuesday, December 22, at 8:30 a.m. in the District Boardroom.
Secretary/General Manager