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HomeMy WebLinkAbout1996-04-25 - Board of Directors Meeting MinutesPage 3504 April 25, 1996 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING APRIL 25, 1996 The April 25, 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 Staff present: William J. Robertson, Secretary/General Manager Arthur G. Kidman, General Counsel Charles Gray, Engineering Manager 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 Robinson, Assistant Administrator Visitors John Townsel, Assistant Operations Superintendent Kenny. Witt; MWDOC Andrew Banks, Fields and Creason, Attorneys at Law At the direction of the Chair, Kenny Witt addressed the Board. He reported on "Met Day" in Sacramento, which included briefings and meetings with members of the legislature. Met indicated that they will eliminate 100 positions during each of the next three years and defer capital projects, to contain costs and reduce rates. A water transfer program was announced that will allow Met to acquire water for $152 per acre foot. CONSENT CALENDAR On a motion by Director Fox, seconded by Director Armstrong, the Board of Directors voted 5-0 to approve the Consent Calendar as follows: Item 1. Minutes of regular meeting April 11, 1996. Item 2. Minutes of special meeting April 18, 1996. Item 3. Authorization for the Directors to leave the State of California prior to next meeting. Item 4. Disbursements of $89,132.19 on checks 19464 and 64, 19490 and 91, and 20019 through 20098; a wire to ACWA-HBA for $19,215.09 dated 04/24/96; a wire to Bank of America for $598,482.50, dated 04/30/96; and $88,414.78 on checks 10050 through 10874 for Payroll No. 7. Item 5. Quitclaim deed of easement with Werner Engineering, Inc. for their project located north of La Palma and east of Lomas de Yorba West, and authorize the President and Secretary top execute the quitclaim deed, Job 9011. Kenny Witt, Chuck Gray and John Townsel left at the conclusion of this item. At the direction of the Chair, the Board entered closed session at 8:50 a.m. Page 3505 April 25, 1996 CLOSED SESSION Item 28. Pending litigation to which the District is a party, (Subsection (a) of Section 54956.9), County of Orange, Case No. 714408; Plaintiff Daniel Romano and Joann Romano, and Daniel Foldager and Patsy Ann Foldager; Defendant Yorba Linda Water District, et al. The Board of Directors provided direction to counsel and staff. Andrew Banks left at the conclusion of this item. Item 27. 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 action was taken on this item. Item 29. Pending litigation to which the District is a party, (Subsection (a) of Section 54956.9), County of Orange, Case No. 762615; Plaintiff JW Contracting Corporation; Defendant Yorba Linda Water District, et al. No action was taken on this item. Art Kidman left at the conclusion of this item. Item 26. Labor negotiations regarding General Manager's contract. On a motion by Director Armstrong, seconded by Director Scanlin, the Board of Directors voted 5-0 to approve the General Manager's contract as amended, and authorize the President to execute the agreement. The Board exited closed session at 11:40 a.m. President Beverage declared a recess at 11:40 a.m. The meeting reconvened at 11:50 a.m. ACTION CALENDAR Item 6. Consideration of Public Funds Investment Policy for 1995-96. Business Manager Beverly Meza reported that Government Code section 53600 required the Board of Directors to adopt and review the District's investment policy, and that recently enacted legislation, SB 564 and SB 866 mandate changes to this policy. Ms. Meza reported that proposed modifications to the District's investment policy will establish criteria that institutions must meet to qualify for District business, and add a section forbidding the District from initiating investments in repurchase and reverse repurchase agreements and derivative instruments. These modifications have been reviewed by the District's auditors (Diehl, Evans and Associates) and by the Finance-Accounting Committee. On a motion by Director Fox, seconded by Director Beverage, the Board of Directors voted 5-0 on roll call to adopt Resolution 96-04, which sets forth the District's public funds investment policy and rescinds Resolution 93-07. Item 7. Consideration of financial statements for the eight months ended February 29, 1996. Business Manager Beverly Meza reported that the Water Fund showed a net income of $810,130 and the Sewer Fund a net income of $30,520 for the eight months ended February 29, 1997. ID 1 showed a net income of $264,461, and ID 2 a net income $79$,730 for the same period. Total assets of $91,302,573 exceeded total liabilities of $23,056,425 for a fund equity of $68,246,148. On a motion by Director Armstrong, seconded by Director Fox, the Board of Directors voted 5-0 to accept the financial statements for the eight months ended February 29, 1996. Item 8. Consideration of investment portfolio report for March 31, 1996. Business Manager Page 3506 April 25, 1996 Beverly Meza reported that the average portfolio yield, excluding Improvement District No. 2 Series C General Obligation bond funds, was 5.64 percent. On a motion by Director Fox, seconded by Director Armstrong, the Board of Directors voted 5-0 to accept the investment portfolio report for March 31, 1996. Item 9. Consideration of Operational Area Agreement with the County of Orange. Assistant General Manager Michael Payne reported that SB 1841 became law requiring all agencies in California to adopt and use the Standardized Emergency Management System (SEMS) in order to receive funding from the State immediately following a disaster. SEMS requires each county to adopt an operational area agreement, and all other agencies to adopt and use SEMS by December of 1996. The agreement further requires the District to designate a Board Representative and alternate, as well as a staff representative to the Orange County Emergency Organization. Mr. Payne also reported that if the Board approved SEMS and the Operational Area Agreement, staff would revise the District's Emergency Response Plan to include SEMS and incident command system. On a motion by Director Fox, seconded by Director Scanlin, the Board of Directors voted 5-0 to adopt SEMS and authorize the President and General Manager to execute the Operational Area Agreement of the County of Orange, subject to review as to form by General Counsel; appoint Arthur C. Korn as and Paul Armstrong as representative and alternate, respectively and Michael Payne as the District's staff representative to the Orange County Emergency Organization. Item 10. Consideration of letter to District customers regarding the Orange County bankruptcy. General Manager William Robertson reported that at the April 18 special board meeting, the Board requested distribution of another letter to District customers. Mr. Robertson reported that the cost to distribute the letter is estimated at $7,500. The Board of Directors directed staff to produce and mail a letter dealing with the Orange County bankruptcy, following review and approval by the Public Information Committee and Adler Public Affairs. DISCUSSION CALENDAR Item 11 . Report on credit card/automated pay policy. On a motion by Director Beverage, seconded by Director Fox, the Board of Directors voted 5-0 to continue Items 11 and 12 to a subsequent meeting. Item 12. Report on water systems operations during the Allen-McColloch Pipeline shutdown. This item was continued to a subsequent meeting. GENERAL MANAGER'S REPORT Item 13. General Manager's oral report and comments. a. Bastanchury Road pipe leak. Mr. Robertson reported on the 16-inch, 60-year old pipe, which had burst under Bastanchury Road, and indicated that we are working to settle one claim from a homeowner whose garage was damaged by the leak.. b. Display, Earthquake Preparedness and Safety Fair, April 28. c. Report on District activities: Mr. Robertson had nothing to report. GENERAL COUNSEL'S REPORT Item 14. General Counsel's report. Mr. Kidman report was covered during closed session. COMMITTEE REPORTS Item 15. AB 2109 Ad Hoc Committee. Page 3507 April 25, 1996 Item 16. Executive-Administration Committee. Met April 16, 1996 at 9:00 a.m. Attending were Directors Michael Beverage and Paul Armstrong, General Manager William J. Robertson, and General Counsel Arthur G. Kidman who joined the meeting via telephone. The Committee discussed the County's proposal to the Option B participants in the County of Orange bankruptcy. The Committee scheduled a meeting for May 1, at 9:00 a.m. Item 17. Finance-Accounting Committee. Item 18. Personnel-Risk Management Committee. Item 19. Planning-Engineering-Operations Committee. Item 20. Public Information Committee. Scheduled a meeting for May 2, at 4:00 p.m. INTERGOVERNMENTAL MEETINGS Item 21. ACWA Mini Conference - La Quinta, April 12-13 (Armstrong/Fox): Directors Armstrong and Fox summarized the sessions they attended. Item 22. MWDOC Meeting April 15 (Scanlin): Director Scanlin reported that there was a resignation from the Board. He also stated that there was a discussion of Colorado River water storage, and mentioned that Tri-Cities has requested that LAFCO approve a plan to have them join MWDOC. Item 23. Report on Yorba Linda City Council meeting,April 2 (Armstrong): Reported that there was a bid for sewer replacement due to subsidence, near Manzanita and Village Center Drive. Item 24. OCWD meeting, April 17 (Scanlin): Reported that the replenishment assessment increased $3 from last year. Item 25. Report on Yorba Linda Planning Commission meeting, April 24 (Scanlin): Nothing of concern to the District transpired. BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Korn: Reported that he received advertising material from a bank soliciting business with the District. The solicitation contained 17 cents, which he turned over to the District. Director Fox left at the conclusion of this item. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board of Directors reviewed the Activity Calendar and made assignment changes. ADJOURNMENT On a motion by Director Armstrong, seconded by Director Scanlin, the Board of Directors voted 4- 0, at 1:15 p.m., to adj rn to Thursday, May 16, at 8:30 a.m., at the District's headquarters on Plumosa Drive. - 1717' Manager