Loading...
HomeMy WebLinkAbout1995-06-22 - Board of Directors Meeting MinutesPage _-S Q June 22, 1995 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING June 22, 1995 The June 22, 1995, Regular 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 nresent at Roll Call: President Arthur C. Korn Vice President Michael J. Beverage Paul R. Armstrong Sterling L. Fox Carl T. Scanlin Staff present: William J. Robertson, Secretary/General Manager Arthur G. Kidman, General Counsel Charles Gray, Engineering Manager Ray Harsma, Operations Superintendent Roger Lubin, Exec. Asst. to the General Manager Beverly Meza, Business Manager Michael Payne, Assistant General Manager Michael Robinson, Assistant Administrator Visitors Andrew Banks, Fields & Creason, special counsel appointed by ACWA/JPIA to represent the District in the Foldager/Romano case. Kenny Witt, Municipal Water District of Orange County Board President Korn offered the floor to Mn Witt, who invited board members to attend a MWD meeting about salinity and reclamation, scheduled for June 28. Board President Korn expressed his thanks for being asked to serve on the MWD/MWDOC Financial Structure Study Committee, and suggested that the committee be disbanded, now that it has completed its assignment. CONSENT CALENDAR On a motion by Director Armstrong, seconded by Director Fox the Board of Directors voted 5-0 to approve the Consent Calendar as follows: Item 1. Minutes of June 8, 1995 regular meeting. Item 2. Authorization for the Directors to leave the State of California prior to next meeting. Item 3. Disbursements of $166,796.29 on Check Nos. 18039 18040 and 18124 through 18221, two wires to MWDOC in the amounts of $84,839.00 dated June 26, 1995, and $933.00 dated June 27, 1995; one wire to ACWA-HBA in the amount of $19,632.89 dated June 27, 1995; and, $95,522.85 for Payroll 11 on Check Nos. 10113 through 10181. Item 4. Amendment to the consultant agreement with ASL Consulting Engineers in the amount of $55,516 for design and construction management for the Richfield Plant renovation project. Item 5. Authorize the General Manager to execute a Consultant Agreement with Converse Consultants West, in an amount not to exceed $3,955 for a geotechnical study of the District's Richfield Plant site. Page a'A v. June 22, 1995 Item 6. Construction budget of $49,053.50; contract with E.W. Harmon, Inc., in the amount of $35,153.50; authorize the General Manager to execute the contract, subject to review as to form by legal counsel; and approve an additional fee, not to exceed $5,700, to ASL Consulting Engineers to provide construction management, staking and inspection services for the San Antonio Road Pipeline Realignment Project, Job No. 9301. Item 7. Release the Guarantee Bond of $3,000, for construction of water facilities installed by Richard Nixon Presidential Archives Foundation. ACTION CALENDAR Item 8. Consideration of sewer replacement at Fairmont Boulevard and Yorba Linda Boulevard. Engineering Manager Charles Gray reported that construction of a new sewer main at Fairmont and Yorba Linda Boulevards is the only way to correct maintenance problems in that area. Staff recommends declaring the project an emergency so construction can take place on school property during the summer months. On a motion by Vice President Beverage, seconded by Director Armstrong the Board of Directors voted 5-0 to approve the emergency replacement of about 3,000 feet of sewer pipe and transfer funds from the Unapproved Sewer Capital Replacement Fund; authorize the Secretary to execute an agreement with Hall & Foreman, Inc., for design and construction management services; and authorize staff to solicit three written bids for construction of the sewer main at Fairmont and Yorba Linda Boulevards, Job No. 9508. General Manager William J. Robertson requested that under emergency provisions, Item 24 be added to the agenda, as a closed session discussion of the Romano/Foldager case. On a motion by Vice President Beverage, seconded by Director Armstrong, the Board of Directors voted 5-0 to add the following to the agenda: "CLOSED SESSION Item 24. Discussion of 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." On a motion by Vice President Beverage, seconded by Director Fox, the Board of Directors voted 5-0 to adjourn to closed session. CLOSED SESSION Item 24. The Board of Directors entered closed session at 8:40 a.m. and discussed 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 staff and to Andrew Banks, special counsel appointed by ACWA/JPIA to represent the District in this matter. Special Counsel Banks left the meeting at the conclusion of this item. Page June 22, 1995 Item 23. The Board of Directors stayed in closed session and discussed pending litigation to which the District is a parry. (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 of Directors provided direction to counsel and staff. The Board exited closed session at 10:30 a.m. General Counsel Arthur G. Kidman left the meeting at the conclusion of this item. Board President Korn declared a recess at 10:31 a.m. The meeting reconvened at 10:37 a.m ACTION CALENDAR Item 9. Budget Report for Fiscal Years 1995-96 and 1996-97. General Manager William J. Robertson submitted the District's first two-year budget to the Board of Directors, noting that actual expenditures could vary during the two year period in response to weather, customer service demands, or other events unforeseen when the budget was prepared. Director Korn asked for quarterly updates, as a means of assessing how well the 2-year budget experiment is working. On a motion by Vice President Beverage, seconded by Director Fox the Board of Directors voted 5-0, on a roll call to approve the following budget resolutions, except for Resolution 95-09, which was approved 4-1 on a roll call (Korn: no). Resolution No. 95-08 adopting the Budget for Fiscal Years 1995-96 and 1996-97 and rescinding Resolution No. 94-06. Resolution No. 95-09 approving the number of authorized positions for Fiscal Years 1995-96 and 1996-97 and rescinding Resolution No. 94-07. Resolution No. 95-10 adopting the Appropriations Limit for Fiscal Year 1995-96. Resolution No. 95-11 adopting Fiscal Year 1995-96 Debt Service Requirements for Waterworks - Election 1959 Series "A" and "B" General Obligation Bonds. Resolution No. 95-12 adopting Fiscal Year 1995-96 Debt Service Requirement for Improvement District No. 1 Series "A" and "B" General Obligation Bonds. Resolution No. 95-13 adopting Fiscal Year 1995-96 Debt Service Requirement for Improvement District No. 2 Series "A", 1987 Refunding and Series "C" General Obligation Bonds. GENERAL MANAGER'S REPORT Item 10. General Manager's oral report and comments. General Manager William J. Robertson reported on: a. Five Year Plan. Copies were distributed to each Board member b. Response to District's "David and Goliath" letter. The District received 15 calls and letters about the letter sent to all customers outlining the District's position on the Orange County bankruptcy. All responses save one were favorable. GENERAL COUNSEL'S REPORT Item H . General Counsel's report. General during closed session. COMMITTEE REPORTS Counsel Arthur G. Kidman's report was made Page 3 V June 22, 1995 Item 12. Executive-Administration Committee. The Committee met June 14 at 8:30 a.m. Attending were Board president Korn, Board vice president Beverage, William Robertson, Mike Payne and Chuck Gray. They discussed sewer and water rules and regulations, regional water quality control board, and received board member comments on a variety of topics. Item 13. Finance-Accounting Committee. Item 14. Personnel-Risk Management Committee. Scheduled a meeting for July 6 at 8:30 a.m. Item 15. Planning-Engineering-Operations Committee. The Committee met June 15 at 3:30 p.m. /attending were Directors Scanlin and Armstrong, and William Robertson, Ray Harsma, and Chuck Gray. The Committee discussed wells 16 and 17, continuing sewer maintenance problems at Fairmont and Yorba Linda Boulevards, and ASL Consulting Engineers Change Order for the Richfield Plant renovation. Item 16. Public Information Committee. A meeting was scheduled for June 28 at 9:00 a.m. INTFRC.OYERNMENTAL M.ETIN N Item 17. Report on MWDOC Special Board meeting, May 16 (Fox): This item was continued from the May 25 Board of Directors meeting. The preliminary budget was reviewed, and shower head retrofitting was discussed. Item 18. Report on MWD Board meeting, June 13 (Fox): Reported that for the first time there was dissent on MWD's budget, evidenced by 7 "no" votes out of 51 votes cast. Item 19. Report on Yorba Linda Planning Commission, June 14 (Scanlin):Nothing of concern to the District transpired. Item 20. Report on Yorba Linda City Council meeting, June 20 (Beverage): Nothing of concern to the District transpired. Item 21. Report on MWDOC Regular meeting, June 21 (Fox): Reported that they adopted their budget, and suggested wider distribution of their strategic plan. Item 22. Report on OCWD Board meeting, June 21(Scanlin): Reported that their is 20,500 acre feet of water behind Prado Dam, and that the Board reorganization, which had been deferred since earlier in the year, was concluded. BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Director Scanlin commented on the favorable response he received in the community about the District's letter dealing with the Orange County bankruptcy. Director Fox indicated he also received favorable response. I Page 2W June 22, 1995 BOARD OF DIRECTORS ACTIVITY CALENDAR The Board of Directors reviewed the Activity Calendar and made assignment changes. ADJOURNMENT On a motion by Vice President Beverage, seconded by voted 5-0 at 11:23 p.m. to adjourn to Thursday, July Director Armstrong, the Board of Directors 13 at 8:30 a.m., at the District headquarters General Manager/Secretary