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HomeMy WebLinkAbout1991-08-08 - Board of Directors Meeting MinutesPage r.-a August 8, 1991 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 8,1991 The Regular Meeting of the Board of Directors of the Yorba Linda Water District was called to order by President M. Roy Knauft, Jr. at 8:30 a.m., August 8, 1991, at the District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors present were Sterling Fox, Arthur C. Korn, Carl Scanlin, Vice President Paul R. Armstrong and President M. Roy Knauft, Jr. Also present were William Robertson, Secretary/General Manager; Arthur G. Kidman, District General Counsel; Eric Joseph, Assistant Operations Superintendent; Beverly Meza, Acting Business Manager; Michael Payne, Assistant General Manager; Michael Robinson, Assistant Administrator; and, Barbara Bower, Secretary to the General Manager. Visitors present was Mr. John Burton representing Boral Resources. CONSENT CALENDAR On a motion by Director Fox and seconded by Vice President Armstrong, the Board of Directors voted 5-0, to approve the Consent Calendar as follows: Item 1. Approval of Minutes - Regular meeting of July 25, 1991. Item 2. Authorization for the Directors to leave the State of California prior to next meeting. Item 3. Approval of payment of bills, payroll and refunds in the amount of $950,669.56 on Check Nos. 8494 through 8693; and Payroll check Nos. 1612 through 1679; and one wire to MWDOC in the amount of $184,231.66 dated August 8, 1991. Item 4. Approval of Progress Payment No. 7 to BFI Constructors in the amount of $254,888.00 for construction of the Elk Mountain Reservoir; and payment of retention to El Dorado Bank in the amount of $28,321.00. Item 5. Approval to solicit proposals for engineering services to design the Water Improvement projects in Imperial Highway at Eureka Avenue, Prospect Avenue and Casa Loma Avenue. Item 6. Approval of Progress Payment No. 1 to SSC Construction, Incorporated, in the amount of $33,750.00 for construction of the Camino De Bryant Reservoir. ACTION CALENDAR Item 7. Consideration of Lease Agreement with Blair Paving, Incorporated, for a portion of the District's property adjacent to Well No. 11. Michael Payne, Assistant General Manager, introduced this subject by reporting the current five year lease with 9-7-7 Page August 8, 1991 Blair Paving expired on July 31,1991. Mr. Payne went on to report the proposed five year lease included a provision to adjust the rental amount each year based on the July-to-July cost of living index; and, the staff has negotiated lease terms and conditions to the District's satisfaction. In response to a question by Vice President Armstrong, Mr. Payne reported the lease revenues are allocated to the Water Operating Fund. The Board held a discussion as to whether the lease revenues should apply to site improvements for specific sites, or continue to allocate them to the Water Operating Fund. The Board of Directors choose to continue the current policy of allocating lease revenues to the Water Operating Fund. On a motion by Vice President Armstrong and Seconded by Director Korn, the Board of Directors voted 5-0 to approve a Lease Agreement with Blair Paving, Inc.; and, authorize the President and Secretary to execute the agreement subject to review and approval as to form by the District's Legal Counsel. item 8. Consideration of replace of a water main at 19463 Oriente Drive. Michael Payne, Assistant General Manger, introduced this subject by reporting that a swimming pool contractor failed to report their digging project to Underground Service Alert and broke a District water main located in the backyard of a residence at 19463 Oriente Avenue. Mr. Payne reported the staff, swimming pool contractor and property owner have held numerous meetings to resolve how the broken water pipe will be relocated and who will pay the relocation costs. In response to questions by the Board of Directors, Mr. Payne reported the District will inspect the construction work and that only one property owner will be out of water during construction. On a motion by Director Scanlin and seconded by Director Fox, the Board of Directors voted 5-0, to approve the transfer of $4,190.00 from the Bastanchury Road Capital Replacement project; and, reimbursement of $4,190.00 to Swan Pool Company upon completion of the water improvements, once the lien period has expired and provided no liens have been filed against the project. Item 9. Consideration of Negative Declaration for Bryant Ranch Well No. 2 Project. Michael Payne, Assistant General Manager, introduced this subject with a report the original Well No. 2 site was located in 1990, test pumped and found inadequate to meet the terms set forth in the 1989 Water Service Agreement with AW Associates; and, an alternative site was found 200 feet southwest of the original site. The consulting firm of Michael Brandman and Associates prepared the negative declaration previously adopted by the Board of Directors and have submitted a letter report stating the current site constitutes a technical refinement of the previous report. Mr. Payne went on to report that in the consultants opinion the previous Negative Declaration is adequate for the current site. Following a general discussion on the previous report, capital cost of the new well, operation of Well No. 16 and policy for numbering new wells, and on a motion by Vice President Armstrong and seconded by Director Korn, the Board of Directors voted 5-0, to: 1) find and determine that the previously adopted Negative Declaration titled "Lomas De Yorba Water Well No. 2" adequately addresses the new project site; 2) adopt the previously adopted Negative Declaration as adequate CEQA documentation for the new project; and, 3) authorize staff to file a Notice of Determination with the County Clerk. Page August 8, 1991 Item 10. Consideration of Resolution authorizing and directing condemnation of property for the Lomas De Yorba Booster Station. Michael Payne, Assistant General Manager, requested the Board of Directors officially continue this matter to the September 5, 1991 meeting. On a motion by Director Korn and seconded by Director Fox the Board of Directors voted 5-0 to continue this matter to the September 5, 1991 Board of Directors meeting. Item 11. Consideration of request to oppose Senate Bill 959. William Robertson, General Manager, introduced this subject with a review of Senate Bill 959. Mr. Robertson went on to report that if SB959 is enacted it could cost District customers more than $2.0 million per year by 1997 and each year thereafter. In addition, Mr. Robertson reported if the surcharges are imposed on MWD, MWDOC and OCWD they will surely pass them on to the District which may result in a four fold increase in the annual cost. Director Korn noted that agencies such as the City of Placentia need to understand that SB959 will cause the cost of water to rise, and requested that staff mail a copy of the letter opposing SB959 to the City's of Anaheim, Brea, Placentia and Yorba Linda. The Board agreed that if adjoining cities are concerned about the cost of water they should join the District in sending letters opposing S13959. Following a general discussion on SB959, and on a motion by Director Korn and seconded by Vice President Armstrong, the Board of Directors voted 5-0 to authorize the President to send a letter opposing Senate Bill 959 to the District's legislative representatives; and, that staff shall send a copy to the cities of Anaheim, Brea, Placentia and Yorba Linda. Item 12. Consideration of request to support AB2090. William Robertson introduced this subject with a review of Assembly Bill 2090. The Board held a lengthy discussion concerning the many issues related to AB2090. Issues discussed by the Board were: basic California water rights law; water rights held by water purveyors instead of customers; that water is held as a public trust and cannot be sold as a private commodity; whether free market concepts will work on a product that is not owned by a specific individual or agency; effect on California's agricultural economy; and, possible amendments to remove sale of water within a districts own service area, and a mechanism to trigger exchanges only upon an emergency such as the current drought. Given the variety of opinions among each Board member, the consensus was to not take a position at this time, instruct staff to monitor the AB2090 and return at a later date. Item 13. Consideration of approval of the draft 1991-92 Annual Report. Michael Robinson, Assistant Administrator, introduced this subject by reporting the draft 1991-92 Annual Report was reviewed by the Public Information Committee and is submitted for consideration by the full Board. The Board discussed using unaudited 1991 financial data versus audited 1990 financial data in the annual report and timing for publication. Following a general discussion, the Board wanted to have the reports ready for distribution by mid-October and use audited 1991 financial data if available. The Board's consensus was to use audited 1991 data if available, otherwise using unaudited 1991 data was acceptable so long as the report was ready by mid-October. Page August 8, 1991 In addition, the Board wanted to incorporate Vice President Armstrong's comments, schedule another Public Information Committee meeting for a final review of the text and then go ahead with publication. On a motion by Director Korn and seconded by Director Fox the Board of Directors voted 5-0 to approve publication of the 1991 Annual Report subject to using audited 1991 financial data if available otherwise use unaudited 1991 financial data, meeting a publish date in mid-October and final review of the text by the Public Information Committee. President Knauft declared a ten minute recess beginning at 9:25 a.m. GENERAL MANAGER'S REPORT Item 14. General Manager's oral report and comments. Mr. Robertson reported that McDonald's Corporation and Metropolitan Water District are putting together a joint venture to distribute water conservation kits at all local McDonalds outlets during the weekend of August 24 and 25, 1991. Mr. Robertson solicited support from Board members to attend along with staff members. The Board reviewed their calendars, requested that a schedule be prepared and then mailed to each participant. In addition, Mr. Robertson presented a brief status report on District recruitments. LEGAL COUNSELS REPORT Item 15. Legal Counsel's oral report and comments. Mr. Arthur G. Kidman, District General Counsel, requested a closed session to discuss litigation affecting the District. Mr. Kidman had nothing further to report. STANDING COMMITTEE REPORT Item 16. Report on Executive-Administrative-Organizational Committee meeting of July 25. The sale of District property near the Springview Reservoir, Southern California Water Company offer, Board minutes, Legislative action and agenda of items under consideration by the Committee were discussed at the July 25, 1991 meeting. Item 17. Report on Finance-Accounting Committee meeting of July 30. Water rates, Sewer Maintenance Charge, Sewer Drainage Area report, City of Yorba Linda sewer maintenance proposal, Development fees, I.D.-2 standby charge study and social security regulations were discussed at the July 30, 1991 Committee meeting. In addition, Mr. Robertson reported the Committee meeting scheduled for Monday, August 12 will have to be postponed and water rates will be presented for Board consideration at the first or second meeting in September. Item 18. Oral report Personnel Committee meeting of August 6. The General Manager's evaluation process, conduct at public meetings, maternity leave policy, Acting Engineering Manager, recruitments and Cal. State University Northridge MPA program were discussed at the August 6, 1991 Committee meeting. In addition, Director Korn requested the Committee meeting scheduled for Monday, August 19 will have to be postponed. Page 200 August 8, 1991 Item 19. No Planning-Engineering-Operations Committee meeting report was scheduled. Item 20. No Public Information Committee meeting report was scheduled. INTERGOVERNMENTAL MEETINGS Item 21. Report on WACO meeting, August 2. President Knauft reported the meeting will be held on August 6, and that due to a potential conflict he may not be able to attend. Director Scanlin and General Manager Robertson will attend the August 6 meeting. Item 22. Report on MWDOC meeting, August 7. President Knauft reported that AB2090 and a Memorandum of Understanding regarding Best Management Practices were the major points of interest to the District. Item 23. Report on City Council meeting, August 6. Director Scanlin reported the City of Yorba Linda may have removed themselves from the Potlatch litigation by claiming they are not in the sewer business. Other items included a qualifying retirement system as an alternative to social security and a report on the City's recycling program. Item 24. Report on OCWD meeting, August 7. Director Fox reported this was their 7:30 a.m. meeting, and following a review of the agenda found nothing of specific interest to the District and did not attend. Director Fox will continue to monitor the agenda's for these meetings and attend when needed. BOARD MEMBER COMMENTS Item 25. Director Fox. Director Fox reported he is scheduled for surgery on Monday, August 12 and will probably be out of commission for a week. Item 26. Director Korn. Director Korn had no comments. Item 27. Director Scanlin. Director Scanlin reported he will be out of the State during the week of August 12 to 16. Item 28. Vice President Armstrong. Vice President Armstrong requested a status report on the progress of obtaining the Texaco water well located on Richfield Road. Michael Payne reported the water quality analysis are not ready and staff will be meeting with General Counsel to discuss the well's acquisition. Vice President Armstrong requested that staff continue to work on this matter and report back to the Board. Additionally, Vice President Armstrong reported on the billboard near the Laguna Beach Pageant that graphically showed water conservation within the community. ~ ~ `-7 t Page August 8, 1991 Item 29. President Knauft. President Knauft reported that conservation data prepared by MWDOC showed the District is among the leaders in water conservation efforts. Mr. Robertson reported the District is having a bus tour on Saturday, August 17 - Vice President Armstrong will try to attend. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board of Directors reviewed the Activity Calendar and made assignments. CLOSED SESSION On a motion by President Knauft and seconded by Vice President Armstrong the Board of Directors voted 5-0 at 10:10 a.m. to go into closed session to discuss litigation. Staff attending the closed session included William Robertson, General Manager; Michael Payne, Assistant General Manager; and, Arthur G. Kidman, District General Counsel. On a motion by Director Fox and seconded by Vice President Armstrong the Board of Directors voted 5-0 at 10:16 a.m. to come out of closed session. No action was taken during the closed session. ADJOURNMENT On a motion by Director Fox and seconded by Director Scanlin the Board of Directors voted 5-0 at 10:17 a.m. to adjourn to the next regular meeting which is scheduled for Thursday, August 22, 1991 at 8:30 a.m. at the District Boardroom. Wit iam Robertson General Manager/Secretary