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HomeMy WebLinkAbout1992-09-08 - Board of Directors Meeting MinutesPage Z r . September 8, 1992 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS ADJOURNED REGULAR MEETING September 8, 1992 The September 8, 1992, Adjourned Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by Sterling L. Fox, Vice President, at 10:00 a.m. The meeting was held at the District Headquarters located at 4622 Plumosa Drive, Yorba Linda. Directors present at Roll Call: Vice President Sterling L. Fox Roy Knauft, Jr. Arthur C. Korn Carl T. Scanlin Directors absent at Roll Call: President Paul R. Armstrong Staff present: William Robertson, Secretary/General Manager Arthur G. Kidman, General Counsel Barbara Bower, Secretary to the General Manager Charles Gray, Engineering Manager Ray Harsma, Operations Superintendent Roger Lubin, Exec. Asst. to the General Manager Michael Payne, Assistant General Manager Beverly Meza, Acting Business Manager Michael Robinson, Assistant Administrator Visitors Present: Nancy Lemieux, North Tahoe Public Utilities District. CONSENT CALENDAR Prior to voting on the Consent Calendar, Director Scanlin asked if the rejected claim, Item No. 8, could be filed again. William Robertson stated it could if the insufficiency was corrected. Director Knauft asked if the claim amount was necessary. William Robertson stated the exact amount is preferred but the claimant at least should have noted whether the amount was in the range of Superior or Municipal Court jurisdiction. On a motion by Director Korn, seconded by Director Scanlin, the Board of Directors voted 4-0 to approve Consent Calendar as follows: Item 1. Minutes of the Regular meeting of August 27, 1992, as corrected. Item 2. Authorization for the Directors to leave the State of California prior to next meeting. Item 3. Payment of bills, payroll and refunds in the amount of $508,523.73 on Check Nos. 11807, 11903 through 11905, 11915 through 11987; and Payroll Check Nos. 3876 through 3942; and two wires to MWDOC, one in the amount of $28,147.00 dated August 24, 1992, and one in the amount of $307,010.21 dated September 10, 1992. Item 4. Approval of Progress Payment No. 14 in the amount of $9,097.70 to SSC Construction, Incorporated for construction of the Camino De Bryant Reservoir, Job No. 8935. Item 5. Approval to release the Guarantee Bond with Summit Chase Associates L.P, in the amount of $25,477.00 for the Zone 5 Camino De Bryant Pipeline. Item 6. Approval to solicit proposals for the construction of the 24 inch valve cut-in on Richfield Road, south of Orangethorp Avenue, Job No. 8971. A z'C'\ Page .24199 September 8, 1992 Item 7. Acceptance of the Treasurer's Report for the month ended July 31, 1992. Item 8. Denial of claim filed by Mr. Timothy McCandless on behalf of Richard Aldrich and Dianna Sinko. ACTION CALENDAR Item 9. Consideration of Reimbursement Agreement with Presbytery of Los Ranchos for Sewer Construction costs. Chuck Gray, Engineering Manager, reported the Presbytery installed 125 feet of sewer pipe per plans prepared by BSI and approved by the District's Sewer consulting engineer. The plans were prepared in conjunction with a City of Yorba Linda Storm Drain project. The City project changed after the pipe was installed by the Presbytery. Mr. Gray reported the Presbytery will reinstall the pipe and the District will reimburse construction costs. Director Scanlin asked if the City or engineers would pay for the work. Mr. Gray responded no because the plans were based on the best information available at the time and conditions changed which caused the pipe to change. On a motion by Director Korn, seconded by Director Scanlin, the Board of Directors voted 4-0 to approve a Reimbursement Agreement with the Presbytery of Los Ranchos in the amount of $6,760.00 for the construction of 125 feet of 8 inch sewer main; authorize the General Manager to execute the Agreement; and authorize payment from the Unappropriated Sewer Capital Improvement Fund. Item 10. Approval of Reimbursement Agreement with Brighton Communities for construction of an electrical conduit to serve the Camino De Bryant Reservoir. Chuck Gray, Engineering Manager, reported that due to an oversight, a telemetry conduit was not installed when the inlet- outlet pipeline was built to the Camino De Bryant Reservoir. To correct this situation, staff has asked Brighton to install the conduit as part of their in-tract construction and the District will reimburse the construction costs. On a motion by Director Scanlin, seconded by Director Korn, the Board of Directors voted 4-0 to approve a Reimbursement Agreement with Brighton Communities in the amount of $6,800.00 for construction of an electrical conduit; and authorize the General Manager to execute the Agreement. Item 11. Consideration of request by Nationwide Public Project Coalition for District Membership. Michael Robinson, Assistant Administrator, reported the Nationwide Public Projects Coalition submitted a request for District membership. Mr. Robinson investigated and found Coalition does things already done by others, and the adopted Budget did not include funding for this membership. Mr. Robinson recommended that the District not join the Coalition. The Board concurred with staff recommendation. On a motion by Director Knauft, seconded by Director Korn, the Board of Directors voted 4-0 to not join the Nationwide Public Projects Coalition at this time. GENERAL MANAGER'S REPORT Item 12. General Manager's oral report and comments. William Robertson, General Manager, discussed the following: 1. The City of Yorba Linda Parks and Recreation Commission recently visited three possible locations for conjunctive use recreation facilities and is very interested in the Elk Mountain and Highland Reservoir sites. The Elk Mountain site has the highest probability of becoming a recreation facility. Several possible uses have been discussed with the City. Insurance and park layout still have to be worked out. 2. Affects of the State budget on the District: the State adopted a 35%/10% formula to take special district property taxes; if revenue from special districts is not as much as forecasted, the formula can go to 40%/10%; the take is based on prior year taxes reported Page 2W September 8, 1992 in the State Controller report; the District's prior year taxes were $702,770; 35% of $702,770 equals a loss of $245,970 from this years property taxes; Multi-County, Fire Districts and Council governed districts are exempt; the LAFCO initiated consolidation feature was removed from the adopted legislation; no "Superpot" is in the final legislation; the SDAF is retained; a SDAF Advisory Committee is created, comprised of Presiding Officers of special districts; and the SDAF Advisory Committee makes non- binding'recommendations to the Board of Supervisors. Mr. Robertson urged Board Members to attend the special seminar on this subject at this week's CSDA Conference. There was a consensus that the take is permanent and not a short term solution to the State's budget problems. Mr. Robertson reported staff is in the process of studying several revenue options for presentation to the Finance Committee. The Board wanted to consider rate changes as soon as possible. GENERAL COUNSEL'S REPORT Item 13. Mr. Arthur G. Kidman, District General Counsel, participated in the discussion of the State Budget and had nothing further to report. STANDING COMMITTEE REPORTS Item 14. The Executive-Administrative-Organizational Committee confirmed that a meeting was scheduled for September 15, 1992, at 3:00 p.m. Item 15. The Finance-Accounting Committee confirmed that a meeting was scheduled for Wednesday, September 16, at 9:00 a.m. Item 16. A Personnel Committee meeting was held on Tuesday, September 2, 1992, at 10:00 a.m. The Committee discussed the Classification Plan and Career Ladder plan, Drug policy, Personnel Rules, Training Activities, Unites States vs. Montrose Chemical lawsuit and the General Manager's Evaluation process. Item 17. The Planning-Engineering-Operations Committee confirmed that a meeting was scheduled for Thursday, September 17, at 9:00 a.m. Item 18. A Public Information Committee meeting was scheduled for Tuesday, September 22, 1992, at 9:00 a.m. INTERGOVERNMENTAL MEETINGS Item 19. Report on Yorba Linda City Council meeting, September 1. Director Knauft reported the Council denied extension of the Saba development contract so he will have to start over again. Item 20. Report on MWDOC meeting, September 2. Director Knauft reported that Art Bruington received a five year consultant pin. Item 21. Report on MWD meeting. Director Knauft reported that MWD did not have a meeting. Item 22. Report on OCWD meeting, September 2. Vice President Fox reported that MWD representatives attended the OCWD meeting and reported they are optimistic that rainfall and water purchased through the Water Bank will meet water needs this year. OCWD may lose $2.5 million because of the property tax legislation and is studying rate alternative to recover the lost revenue. tkl Page 24ft September 8, 1992 BOARD MEMBER COMMENTS Item 23. Director Knauft reported that "other accounts receivables" includes interest due on bonds. Item 24. Director Korn did not have any comments. Item 25. Director Scanlin asked General Counsel for the approximate cost to challenge the legality of the property tax legislation. Mr. Kidman, District General Counsel, responded he did not have a precise estimate but guessed it would run into the mid-five figure range, or more. Item 26. Vice President Fox did not have any comments. Item 27. President Armstrong was absent. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board of Directors reviewed the Activity Calendar. Vice President Fox declared a recess beginning at 10:50 a.m. The meeting reconvened at 10:57 a.m. with all Board members, except President Armstrong, present. CLOSED SESSION Item 28. Pending Litigation; United States v. Montrose Chemical. Vice President Fox ordered the Board of Directors into closed session, at 10:57 a.m., to discuss pending litigation. General Manager Robertson, General Counsel Kidman and Assistant General Manager Payne attended the Closed Session. Vice President Fox reconvened into open session at 11:10 a.m. On a motion by Director Korn, seconded by Director Knauft, the Board of Directors voted 4-0 to approve the confidential settlement in the United States v. Montrose Chemical litigation, and authorize the Vice President and Secretary of the District to execute the Consent Decree and forward it to the Orange County Sanitation Districts. ADJOURNMENT On a motion by Director Knauft, seconded by Director Korn, the Board of Directors voted 4-0, at 11:12 a.m., to adjourn to Thursday, September 24, 1992, at 8:30 a.m., at the District headquarters on Plumosa Drive. William J. Robe on General Manager/Secretary