HomeMy WebLinkAbout1996-08-22 - Board of Directors Meeting MinutesPage 3540
August 22, 1996
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
August 22, 1996
The August 22, 1996 Regular Meeting of the Yorba Linda Water District Board of Directors
was called to order by President Michael J. Beverage at 8:30 a.m. The meeting was held at
District Headquarters, 4622 Plumosa Drive, Yorba Linda.
Directors present at Roll Call:
President Michael J. Beverage
Vice President Paul R. Armstrong
Sterling L. Fox
Arthur C. Korn
Carl T. Scanlin
Directors absent at roll call
none
Staff present:
William J. Robertson, Secretary/General Manager
Arthur G. Kidman, General Counsel
Charles Gray, Engineering Manager
Ray Harsma, Operations Superintendent
Raquel Lazo, Secretary to the General Manager
Roger Lubin, Exec. Asst. to the General Manager
Beverly Meza, Business Manager
Michael Payne, Assistant General Manager
Michael J. Robinson, Assistant Administrator
Visitors
Kenny Witt: MWDOC Mr. Witt reported on Met board seat allocations; water supply and rate
revisions plans from Met; water transfer contracts; and local storage programs.
CONSENT CALENDAR
On a motion by Vice President Paul R. Armstrong, seconded by Director Fox, the Board of
Directors voted 5-0 to approve the Consent Calendar.
Item 1. Minutes of regular meeting, August 8, 1996.
Item 2. Minutes of adjourned meeting, August 15, 1996.
Item 3. Authorization for the Directors to leave the State of California prior to next meeting.
Item 4. Disbursements of $337,086.02 on Checks 20770 through 20851, a wire to
ACWA/HBA for $21,620.76, dated 08/23/96; and $97,563.03 on Checks 11500 through 11561
for Payroll No. 16.
Item 5. Purchase agreement with Eberhard Equipment of Santa Ana for $24,133 for one
tractor, one flail mower, and one trailer.
Item 6. Change Order Number 2 for $8,271.11, and a contract time extension of five calendar
days; approve progress payment number 3 to P.R. Burke Corporation, for $187,439.06, less a 10
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August 22, 1996
percent retention of $18, 743.91, for a net payment of $168,695.15; and approve transfer of total
retention payments to date of $43,710.22, to Harbor Bank Escrow Account Number 101.
(Rehabilitation of Wells 1,5,7, and 12, Job 8954.)
Item 7. Change Order Number for $33,312.28 and a contract time extension of 50 calendar
days to Shook Building Systems for design and construction of a new District warehouse, Job
9416.
Item 8. Reject and refer the damage claim filed by Ernesto B. Banaag to Joint Powers
Insurance Authority.
PUBLIC HEARING
Item 9. Consideration of resolutions adopting development and customer service fees for
Fiscal Year 1995-96. President Michael J. Beverage opened the public hearing at 8:46 a.m.
Secretary William J. Robertson provided proof of public hearing notice. Testimony began with a
report by Engineering Manager Charles Gray, who reported that staff has examined the current
fee structure and determined that they are insufficient to cover District costs.
Mr. Gray also reported that water and sewer development fees are based on estimated labor hours
to process, design and inspect typical projects, and customer service fees are based on estimated
labor hours to accomplish given tasks. The proposed fee structure is designed to generate
$145,000 in water development fees, $41,300 in sewer development fees, and $60,000 in
customer service fees, which will cover the District's cost of providing development and related
customer service activities. Mr. Gray stated that these fees were reviewed by the Finance
Committee at their August 14 meeting.
There was no testimony from the public. President Beverage closed the public hearing at 8:52
a.m. On a motion by Director Fox, seconded by Vice President Armstrong, the Board of
Directors voted 5-0 on a roll call to accept the Water and Sewer Development Report and
Customer Service Fee Report for Fiscal Year 1995-96, and approve Resolution 96-07, which
adopts Water Development and Processing Fees and Rescinds Resolution 95-16.
On a motion by Vice President Armstrong, seconded by Director Scanlin, the Board of Directors
voted 5-0 on a roll call to approve Resolution 96-08, which adopts Sewer Development and
Processing Fees and rescinds Resolution 95-17.
Item 10. Consideration of resolutions adopting sewer maintenance charge for 1995-96.
President Michael J. Beverage opened the public hearing at 8:59 a.m. Secretary William J.
Robertson provided proof of public hearing notice. Testimony began with a report by General
Manager William J. Robertson who reported that the District's sewer maintenance charge, used
to recover maintenance and repair expenses is imposed on all connections to the sewer collection
system owned by the District, and that sewer maintenance charges were discussed at the August
14, 1996 Finance Committee meeting.
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August 22, 1996
There was no testimony from the public. President Beverage closed the public hearing at 9:03
a.m. On a motion by Director Scanlin, seconded by Director Korn, the Board of Directors voted
5-0 on a roll call to accept the Sewer Maintenance Charge Report for Fiscal Year 1995-96, and
approve Resolution 96-09, which adopts Locke Ranch Sewer Maintenance Assessments and
rescinds Resolution 95-18.
ACTION CALENDAR
Item 11. Consideration of appropriations limit for fiscal year 1996-97 and debt service
requirements for Improvement District 1 and Improvement District 2. Business Manager
Beverly Meza reported that all agencies are required to establish, by resolution, an appropriation
limit foe each fiscal year, and that a total of $4,249,149 is required for principal and interest
payments on voter-approved debt.
On a motion by Director Fox, seconded by Director Korn, the Board of Directors voted 5-0 on a
roll call to approve Resolution 96-10, which adopts appropriation limits for 1996-97.
On a motion by Vice President Armstrong, seconded by Director Kom, the Board of Directors
voted 5-0 on a roll call to approve Resolution 96-11, which adopts 199697 debt service
requirements for Improvement District No 1, 1993 Refunding Bonds.
On a motion by Director Kom, seconded by Director Scanlin, the Board of Directors voted 5-0
on a roll call to approve Resolution 96-12. which adopts 1996-97 debt service requirements for
Improvement District No 2 Series "A" 1987 Refunding bonds and Series "C" General Obligation
bonds.
President Beverage declared a recess at 9:15 a.m.. The meeting reconvened at 9:19 a.m.
Item 12. Consideration of water rates for fiscal 1996-97. General Manager William J.
Robertson reported that rates adopted by Resolution 95-19, which set water rates for two fiscal
years, will continue in effect unless changing financial conditions mandate consideration of
different rates. He also reported that lower MWD and OCWD rates will lower our cost of water
by $344,700. This matter was reviewed by the Finance Committee at their August 14 meeting.
On a motion by Vice president Armstrong seconded by Director Fox, the Board of Directors
voted 5-0 to table this item until the second board meeting in September.
GENERAL MANAGER'S REPORT
Item 13. General Manager William Robertson reported:
a. Status report on the August 10 power outage. Operations Superintendent Ray Harsma
reported that all systems functioned during the outage, and that alternate power sources
functioned as intended during the outage. He also stated that generator power was used to
run the computer, allowing plant operators to monitor reservoir status.
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August 22, 1996
b. District activities:
• Sherry Keller resigned. Recruitment underway to fill that vacancy. A temporary
employee will bridge the gap.
• The selection process for a Network Systems Administrator is almost complete. A new
employee should be on-board within one month.
GENERAL COUNSEL'S REPORT
Item 14. General Counsel's report. General Counsel Kidman reported that a lawyer from his
firm accompanied Beverly Meza to the Ron Rubino trial, where she was called to testify. He
also indicated that he provided guidance to the General Manager on the use of public funds to
contest ballot measures.
COMMITTEE REPORTS
Item 15. AB 2109 Ad Hoc Committee. President Beverage reported on the meeting held in
Sacramento on August 12, 1996. Director Fox reported that AB 2109 is still on "Suspense."
Item 16. Executive-Administration Committee.
Item 17. Finance-Accounting Committee. Met Wednesday, August 14 at 9:00. Attending
were Directors Korn and Fox, and staff members Robertson, Meza, and Gray. The Committee
discussed water and sewer development fees; sewer maintenance fees; sewer drainage fees; water
rates; and appropriation limits and debt service requirements. Director Korn requested a
preliminary review on the process for privatizing the District, and Director Fox informed the
Committee on the status of AB 2109.
Item 18. Personnel-Risk Management Committee. Met Tuesday, August 20, at 9:00 a.m.
Attending were Directors Fox and Scanlin, and staff members Robertson, Lubin and Payne. The
Committee discussed risk management activities; an early retirement incentive program; and
current District recruitment activities for vacant positions.
Item 19. Planning-Engineering-Operations Committee.
Item 20. Public Information Committee. Will meet August 29, at 10:00 a.m.
INTERGOVERNMENTAL MEETINGS
Item 21. ISDOC meeting, August 13 (Fox): Reported that ISDOC's Executive Committee
examined revised by-laws, noted that the Presidency of ISDOC will be changed to a two-year
term, and stated that ISDOC's next regular meeting is scheduled for August 29.
Item 22. Yorba Linda Planning Commission, August 14 (Armstrong): Reported that Cox
Communications, Inc. requested that their application to place a communications tower at a
District reservoir site be continued.
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August 22, 1996
Item 23. MWDOC meeting, August 21 (Fox): Reported the adoption of a resolution is
support of Proposition 204.
Item 24. OCWD'meeting, August 21 (Scanlin): Discussed their proposed amendments to AB
2109; indicated that JPIA requested that boards pass a resolution stating that unpaid volunteers
be classified as employees for the purposes of coverage under workers' compensation laws.
MWDOC and OCWD have already passed such resolutions.
BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION
Paul Armstrong: Noted that water used at the Pond's recent jet ski show became polluted by fuel
oil and could not be released into the Santa Ana River. Instead, it will go through CSDOC, where
it will be released to the ocean after treatment.
BOARD OF DIRECTORS ACTIVITY CALENDAR
The Board of Directors reviewed the Activity Calendar and made assignment changes. In
addition, the September board meeting dates were changed to September 5 and 19.
President Beverage declared a recess at 10:56 a.m. The meeting reconvened at 11:03 a.m.
On a motion by Director Scanlin, seconded by Director Korn, the Board of Directors voted 5-0
to enter closed session.
CLOSED SESSION
The Board of Directors entered closed session at 11:03 a.m.
Item 25. 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. The Board provided direction to staff.
Item 26. Pending litigation to which the District is a party, (Subsection (a) of Section 549569),
County of Orange, Case No. 762615; Plaintiff JW Contracting Corporation; Defendant Yorba
Linda Water District, et al. The Board provided direction to staff.
Item 27. Conference with legal counsel regarding anticipated litigation. Significant exposure
to litigation pursuant to Government Code Section 54956.9 (b)(3)(C), (1 case). The Board
provided direction to staff.
Item 28. Discussion of Personnel matters pursuant to Section 54957.6 of the California
government Code, unrepresented employee: General Manager. This item was deferred until the
first board meeting in September.
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August 22, 1996
On a motion by Vice president Armstrong, seconded by Director Korn, the Board of Directors
voted 5-0 to exit closed session.
The Board exited closed session at 12:07 p.m.
On a motion by Vice-president Armstrong seconded by Director Korn, the Board of Directors
voted 5-0, a) 12:08p.m..,tcy~adjourn to Thursday, September 5, at 8:30 a.m., at the District's
William J. Robertson
Secretary/General Manager