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HomeMy WebLinkAbout1991-03-28 - Board of Directors Meeting MinutesPage 'F..- March 28, 1991 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING March 28,1991 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 8:32 a.m., March 28, 1991, at the District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors present were Arthur C. Korn, Carl Scanlin, Vice President Paul Armstrong and President M. Roy Knauft, Jr. Director Sterling L. Fox was absent. Also present were William Robertson, Secretary/General Manager; Cheryl Gunderson, Business Manager; Ray Harsma, Operations Superintendent; Mike Robinson, Assistant Administrator; Yury Zaslavsky, Assistant Engineering Manager; and, Barbara Bower, Secretary to the General Manager. INTRODUCTION OF VISITORS AND PUBLIC PARTICIPATION Item 1. Introduction of Linda Patti, promoted to Customer Service Clerk II. Cheryl Gunderson, Business Manager, reported on the promotion of Ms. Linda Patti and the Board offered their congratulations. Director Sterling L. Fox arrived at 8:35 a.m. PRESENTATION CALENDAR Item 2. Resolution No. 91-10 recognizing Arthur C. Korn on the occasion of his retirement from the Orange County Fire Department. President Knauft read the Resolution recognizing Director Korn, and on a motion by Vice President Armstrong and seconded by Director Scanlin the Board of Directors voted 4-0 to adopt Resolution No. 91-10 recognizing Arthur C. Korn on the occasion of his retirement from the Orange County Fire Department. CONSENT CALENDAR Prior to voting on the Consent Calendar, Director Scanlin noted a correction to Item No. 24 in the draft minutes; and the staff amended the settlement amount in Item 11 to $598.70. 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 3. Approval of Minutes-Regular Meeting of March 14, 1991, as corrected. Item 4. Authorization for Directors to leave the State of California prior to next meeting. Page- March 28, 1991 Item 5. Approval of payment on Check Nos. 6795 through 6582 through 6637; and one March 28, 1991. of bills, payroll and refunds in the amount of $239,827.10 6797 and 7702 through 7786; and Payroll Check Nos wire to ACWA-HPIT in the amount of $15,451.59 dated Item 6. Approval to release the Guarantee Bonds with John Lusk and Sons in the amount of $5,000.00 for water improvements for Tract No. 11378. Item 7. Approval to release the Cash Bond with The Pacific Company, totaling $2,000.00 for the water improvements for Parcel Map No. 83-1087. Item 8. Approval of Terms and Conditions for Water Service with Placentia Unified School District for their project located at 5600 South Ohio Street, Job No. 9108. Item 9. Approval of payment to Richfield Associates in the amount of $10,807.50 for the reimbursement of the Richfield Road Transmission Pipeline, 35 days after the Notice of Completion has been recorded if no liens have been filed. Item 10. Acceptance of the Treasurer's Report for February 28, 1991. Item 11. Authorize settlement of claim filed by Ms. Christine Smith as amended by staff. ACTION CALENDAR Item number 13, 14 and 15 were taken out of order to accommodate the Public Hearing scheduled to begin at 9:00 a.m. Item 13. Consideration of a Negative Declaration for the Bryant Ranch Water Well Chlorination Facility. Mr. Yury Zaslavsky, Assistant Engineering Manager, reviewed the chlorination facility project and reported the staff received a telephone call on Wednesday, March 27th, from Mr. Hintgen representing the Orange County EMA. The County expressed concern the Negative Declaration may not adequately address the location of the building in relationship to the animal corridor, and mitigation measures in the event a broken pipeline causes spillage of chlorinated water. Mr. Zaslavsky reported the County's comments were received after the 35 day review period, therefore, the District is not required to respond; however, due to the sensitive nature of this project the District will include the County's letter, results of a staff investigation and mitigation measures, if applicable, in the final Negative Declaration report. Mr. Arthur Kidman, District legal counsel, reported on the importance of reviewing all environmental concerns up to the time an agency begins construction on a project. On a motion by Vice President Armstrong and seconded by Director Scanlin, the Board of Directors voted 5-0 to approve the Negative Declaration (with County EMA comments); and, authorize staff to file Notice of Determination with the Orange County Clerks office. Page 8 << "g March 28, 1991 Item 14. Consideration of the proposed construction budget and approval of a contract with ASL Consultants, Inc. for construction management services for the Elk Mountain Booster Station. Mr. Yury Zaslavsky, Assistant Engineering Manager, reported that AW Associates received construction bids for the Elk Mountain Booster Station and the staff has reviewed the bids. The District must now approve the bids and establish a construction budget for the project. In response to an inquiry by Vice President Armstrong, Mr. Robertson reported the construction bids are higher than the original estimate because so many public works projects are now out to bid that prices for some projects are costing more than anticipated. Mr. Zaslavsky concluded with a report the staff has reviewed the bids and procedures, and find the bids are in order. On a motion by Director Fox and seconded by Vice President Armstrong, the Board of Directors voted 5-0 to approve the proposed construction budget of $739,495.00 for the Elk Mountain Booster Station; and, authorize the President and Secretary to execute the agreement for construction management services with ASL Consultants, Inc. in the amount of $45,000.00 Item 15. Approval of an Escrow Agreement with BFI Constructors to deposit retention earnings in an interest bearing account. Mr. Yury Zaslavsky, Assistant Engineering Manager, reported that, pursuant to State law, BFI Constructors requested that the District to deposit retention earnings into an interest bearing account, in a bank approved by the District. The staff reviewed BFI's request and El Dorado Bank, and recommends approval of the agreement. On a motion by President Knauft and seconded by Director Korn, the Board of Directors voted 5-0 to approve an Escrow Agreement with the District, BFI Constructors and El Dorado Bank for security deposits; and authorize the President and Secretary to execute the agreement. PUBLIC HEARING CALENDAR Item 12. Consideration of an Emergency Water Management Program - Ordinance No. 91-02 and Resolution No. 91-1.1 Establishing An Appeal Process. Visitors present were Mr. Bruce Bailey, representing the Yorba Linda Star and a student who did not give his name but reported he was doing a school project. President Knauft called the public hearing to order at 9:01 a.m. Mr. William Robertson, General Manager/Secretary, provided proof of publication that a Notice of Public Hearing was published on March 15 and 21, 1991. In addition, Mr. Robertson reported, for the record, there was no correspondence from the public specifically related to the Ordinance, and the hearing was the included in a story appearing in the Los Angeles Times and was reported on radio station KYMS. Mr. Robertson, General Manager/Secretary, opened staff testimony with an audio/visual presentation on the current drought conditions effects of the recent rain across the State, chronology of major events that have occurred from June 1990 to present, how much water the community must save to meet the MWD conservation targets, how the MWD program works, how water is used in the community and where conservation is needed to meet the targets. Mr. Robertson then presented a detailed discussion of the policy PageMIM. March 28, 1991 objectives of the proposed water conservation Ordinance, how the program works, how neighborhood targets are established, an example of how the proposed surcharges are calculated and their effect on customers. Mr. Robertson concluded staff testimony with a recommendation to adopt the second reading of Ordinance 91-02. President Knauft then requested testimony from the public, however, there were no comments. President Knauft declared a recess beginning at 10:00 a.m. The hearing reconvened at 10:12 a.m. The Board opened discussion of the Ordinance with review of the enforcement provisions contained in Section 9.a.2 and 9.a.3. Following a lengthy discussion on these two sections the Board instructed staff on modifications to appear in the final document. The Board noted that the sections declaring Levels 1, 2 and 3 measures should clarify that the District will experience punitive surcharges and restrictions on imported water supply imposed by MWD. Lastly the Board discussed at length the Water Conservation Practices in Exhibit "A" and instructed staff to clarify which actions are to be taken by customers and which actions are to be taken by the District, modifications to items 6, 9 and 21, and to add circulating hot water system and point of use water heaters to item 17. Following a lengthy discussion on details in the Ordinance and policy objectives of allowing the customer to choose the method to save water, and on a motion by Director Fox and seconded by President Knauft, the Board of Directors voted 5-0 to adopt the second reading of Ordinance No. 91-02 An Urgency Ordinance of the Board of Directors of the Yorba Linda Water District Finding the Necessity for and Adopting An Emergency Water Management Program, as amended. On a motion by Director Scanlin and seconded by Director Fox the Board of Directors voted 5-0 to adopt Resolution No. 91-11 A Resolution of the Board of Directors of the Yorba Linda Water District Establishing An Appeal Process For The Emergency Water Management Program, as amended. President Knauft then requested a staff recommendation regarding which Level to implement. Mr. Robertson reported given the current water supply conditions, probable MWD action to go to Stage 5 of their program on April 9, 1991, and that it will take up to 60 days to establish the drought billing process, staff recommends adopting Level 1 Voluntary measures. Mr. Robertson reported this Level is consistent with the letter received by customers on March 15 and the conservation should remain at 18% for residential customers and 33% for landscape/agricultural customers. Following a lengthy discussion the Board choose to remain in voluntary; however, they instructed staff to proceed with establishing the neighborhood averages and changes in the District's computer program to accommodate drought billing. In addition, the Board instructed staff that Exhibit "A" to Resolution No. 91-12 must be consistent with the letter mailed to all customers. Page March 28, 1991 On a motion by Director Fox and seconded by Director Scanlin, the Board of Directors voted 5-0 to adopt Resolution No. 91-12 Resolution of the Board of Directors of The Yorba Linda Water District Declaring Level 1 Voluntary Conservation Measures. On a motion by Director Fox and seconded by Director Scanlin the Board of Directors voted 5-0 to allocate $50,000 from the Unappropriated Water Fund Balance for the purpose of completing computer programming changes to institute drought related billing, calculate the neighborhood averages and procedures for the Appeal Process. On a motion by Vice President Armstrong and Seconded by Director Fox the Board of Directors voted 5-0 to adjourn for lunch at 11:38 a.m., and Mr. Arthur G. Kidman, District legal counsel, departed at this point in the meeting. At 1:15 p.m. President Knauft called the meeting back to order, and all Directors and staff, except for Mr. Kidman, were present. ACTION CALENDAR (continued) Item 16. Select an Alternative Date for the Board of Director's Meeting of May 9, 1991. Following a general discussion of the options, the Board choose to move the May 9, 1991 meeting to May 16, 1991 and move the May 23, 1991 meeting to May 30, 1991. Upon direction from President Knauft, the Secretary will adjourn the regular May 9, 1991 meeting to May 16, 1991, and adjourn the regular May 23, 1991 meeting to May 30, 1991. DISCUSSION CALENDAR Item 17. Quarterly Report to the Board of Directors on the status of Departmental projects. Michael Robinson, Assistant Administrator, presented an audio-visual report on the status of Departmental projects for the period of January 1 through March 28, 1991. This matter was for information only and no action was taken by the Board of Dlrectors. GENERAL MANAGER'S REPORT Item 18. General Manager's oral report and comments. Mr. Robertson reported the staff has negotiated Change Order No. 1 of the Elk Mountain Reservoir project in the amount of $662,000 and will submit it for approval at the April 11, 1991 Board meeting; a status report the Assistant General Manager recruitment process. Mr. Robertson also reported the staff is now considering an electric motor for Well No. 10 instead of the natural gas engine from the Timber Ridge Booster Station, and the engine will be used for another purpose. LEGAL COUNSEL'S REPORT Item 19. Legal counsel was not present. f STANDING COMMITTEE REPORT Item 20. There was no Executive-Administrative-Organizational Committee meeting report. Page March 28, 1991 Item 21. There was no Finance-Accounting Committee meeting report. Item 22. The Personnel-Insurance Committee scheduled a meeting for Tuesday, April 3, 1991 at 8:30 a.m. Item 23. There was no Planning-Engineering-Operations Committee meeting report. Item 24. Report on Public Information Committee meeting of March 20, 1991. The Committee reported that the District's drought letter, 1991 Water Quality Report, Waterlines Newsletter and Water Management Ordinance were discussed at the March 20, 1991 Committee meeting. INTERGOVERNMENTAL MEETINGS Item 25. Report on WACO meeting, March 1, 1991. Director Scanlin reported that the City Council approved a Resolution supporting the District's water conservation program. Item 26. Report on MWDOC meeting of March 20, 1991. President Knauft reported the March 20, 1991 MWDOC Board meeting was canceled. Item 27. Report on OCWD meeting, March 6, 1991. Director Fox reported that OCWD discussed the drought, storage behind Prado Dam and the 1991 Engineers Report. Item 28. Report on the Planning Commission meeting, March 27, 1991. Vice President Armstrong reported the Planning Commission discussed the indoor mall project located behind the Yorba Country Car Wash. BOARD MEMBER COMMENTS Item 29. Director Fox: Director Fox had no comments. Item 30. Director Korn: Director Korn expressed concern over the amount of water used by the State to support the spring fish run instead of providing that water to people of California. Item 31. Director Scanlin: Director Scanlin had no comments. Item 32. Vice President Armstrong: Vice President Armstrong requested that a staff member attend the upcoming MWDOC Public Information seminar; that the staff consider allocating extra surcharge revenues into a fund other than the Rate Stabilization Fund; and, made a report on the first meeting of the City General Plan Steering Committee. Page202 March 28, 1991 Item 33. President Knauft: President Knauft requested that staff investigate why health insurance for dependents is so costly compared to insurance coverage for just the employee. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board of Directors reviewed the activity calendar and made assignments for May. CLOSED SESSION There was no closed session President Knauft declared a recess beginning at 2:05 p.m. The meeting was reconvened at 2:15 p.m. with all Directors, William Robertson and Barbara Bower present. GOALS WORKSHOP Item 34. Board of Directors Goals Workshop. William Robertson facilitated the annual Board of Directors Goals Workshop. The workshop began at 2:15 p.m. The Board discussed community activities, sewer maintenance, water system improvements, financing, customer service, intergovernmental relations, and measures to keep and retain the staff. Results of the workshop are included in the Five Year Plan and 1991-92 Budget reports. ADJOURNMENT On a motion by Director Fox and seconded by Vice President Armstrong the Board of Directors voted 5-0 at 4:03 p.m. to adjourn to the next regular meeting which is scheduled for Thursday, April 11, 1991 at 8:30 a.m. at the District Boardroom. i General Manager/Secretary