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HomeMy WebLinkAbout1990-08-09 - Board of Directors Meeting MinutesPage 1- August 9, 1990 . MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING August 9, 1990 The regular meeting of the Board of Directors of the Yorba Linda Water District was called to order by Arthur C. Korn, President, at 8:31 a.m., at the District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors present were: Paul Armstrong, Sterling Fox, Vice President Roy Knauft and President Arthur C. Korn. Also present were William Robertson, Acting General Manager; Mr. Arthur Kidman, District Legal Counsel; Cheryl Gunderson, Business Manager; Mike Robinson, Assistant Administrator; Ray Harsma, Operations Superintendent; Mike Payne, Engineering Manager; and Barbara Bower, Secretary. Also present were Thomas O'Laughlin and Rubin Zubia representing ASL Consulting Engineers; and Keith DeBrucky, Esq. At the request of Mr. William Robertson, Acting General Manager, Agenda Item No. 13, Report on Plant No. 1 Master Plan - Phase II was moved to the beginning of the meeting. Item 13. Report on Plant No. 1 Master Plan - Phase II report. Acting General Manager, William Robertson, reported that the first draft of the Plant No. 1 Master Plan-Phase II report was presented to the Board at the July 26th meeting for review and discussion at this meeting. Mr. Robertson reported that ASL was required to present two alternatives in the final report; however, after reviewing all available options, four alternatives are being presented for discussion. Mr. Robertson introduced Mr. Thomas O'Laughlin and Mr. Rubin Zubia who then facilitated a discussion of the report and its four alternatives. Mr. O'Laughlin reviewed the process by which ASL developed the alternatives: meeting with the management staff to define the report criteria and gather basic long term requirements; meeting with operations staff to further define long term requirements; preliminary review of alternatives with management and operations staff; refining the Draft report; meeting with the PEO Committee; refining the Draft report further; and, the August 9th meeting with the Board. Each of the alternatives presumes completion of Mira Loma Avenue across the District's property and widening Richfield Road across the front of the Plant. In addition, each alternative includes plans that allow for parking and construction of an Administration building even though the building may not be built until a later date. District required improvements can be constructed on less than 8 acres of land, therefore each alternative includes some potentially developable acreage. Alternatives 2, 3 and 4 include a 75 foot wide easement along the north and west property boundary <2-3t Page 24ft August 9, 1990 for water wells and/or other improvements desired by the District. Alternative 1 does not include the 75 foot wide easement feature and may not be as desirable. Mr. O'Laughlin then reviewed the demolition and renovation costs of each alternative, and options for District or private developers to develop the potentially excess land. This completed the formal presentation. The following is a summary of the Board's comments on the Plan: • Director Armstrong wanted the dimensional differences between alternative 1 and 2 clearly identified. Mr. O'Laughlin responded the final report would include a dimension from Richfield Road to the westerly point of land improvements required by the District. • Director Fox inquired about the extension of Mira Loma across District property. Mr. O'Laughlin responded the City of Placentia will probably impose terms and conditions on the District to improve Mira Loma, and Richfield Road, when the District filed for permits to renovate the Plant. There was a general discussion concerning pipeline easements the District's prior rights if, as and when Mira Loma is extended. • Director Armstrong asked if the report recommended conversion of all pumps to electric motors. Mr. Robertson responded that the District will retain its present mixture of natural gas engines and electric motors. The generator is to backup the electric motors and other electrical systems at the Plant. • Director Fox asked if the District could sell the potentially developable land. Mr. Robertson responded that if land is truly excess then the staff would recommend disposing it; however, that decision is not being made at this point. • President Korn observed that renovation of the Plant will be very complicated because the old pipelines cannot be shut off, existing wells need to remain operational and the facility will still be in use during construction. President Korn further noted that a Phase III report may need to be prepared that addresses the timing logistics and sequencing of renovating while keeping the facility operational. • Arthur Kidman, District legal counsel, reported the District should complete an environmental audit of the site. This concluded the Board's comment. President Korn noted staff's recommendation was to receive Board comment; therefore, no further action was required at this time. The Board then thanked Mr. O'Laughlin and Mr. Zubia for their time and effort on the Master Plan. The final report will now be prepared and returned for consideration by the Board at a later date. CONSENT CALENDAR Director Armstrong requested that Item No. 6, Maintenance Contract for DEC Computer, be pulled off of the Consent Calendar for further discussion. Director Armstrong asked if maintenance of the Plant No. 1 Telemetry computer could be combined with maintenance of the Ultimate Computer. Mr. Robertson responded that the only similarity between the Telemetry computer and Ultimate computer is that internal components were manufactured by Digital Equipment Corporation (DEC). The operating systems, software packages and mechanical accessories were so different that combining Page u August 9, 1990 maintenance is not recommended. In addition, Director Armstrong requested a change in the name staff uses to identify the DEC, or Ultimate, computer. Accordingly, from this date forward it will be referred to as the "Business" computer. The item was then returned to the Consent Calendar for consideration. On a motion by Director Armstrong and seconded by Vice President Knauft, the Board of Directors voted 4-0 to approve the Consent Calendar as follows: Item 1. Approval of Minutes - Regular meeting of July 26, 1990. Item 2. Authorization for the Directors to leave the State of California prior to next meeting. Item 3. Approval to agreement with County of Orange for adjusting sewer manhole covers within their Contract No. 1 project; and authorize the President and Secretary to execute the Agreement. Director Armstrong questioned the difference in cost to repair sewer manholes and water covers. Mr. Ray Harsma, Operations Superintendent, responded that sewer manholes averaged three to four feet in diameter and use heavy rings to adjust them to street grade while water valve covers are only about 10 inches in diameter and use slip rings to adjust them to grade. As a result, the labor and material costs to raise a sewer manhole to grade are significantly higher than water valve covers. Item 4. Approval of Temporary Water Service Agreement outside District boundaries with Steven Z. Volski & Associates and authorize the Acting General Manager to execute the Agreement. Item 5. Approval to release the Cash Bond (Faithful Performance) in the amount of $9,146.50, to the Orange County Pump Company for modifications to the Timber Ridge Booster Station. Item 6. Approval of Maintenance Contract for the Business Computer from the Ultimate Corporation and authorization of the allocation of $11,124.00 from the Unappropriated Water Operating Fund Balance. Item 7. Acceptance of the Treasurer's Report for June 30, 1990. Item 8. Approval to solicit bids for a one (1) year paving contract. DISCUSSION CALENDAR Item 9. Consideration of Amendment to the 1989 Water Service Agreement. Mike Payne, Engineering Manager, reviewed the following terms and conditions: the Page August 9, 1990 developer will pay all costs for preparation of the First Amendment; the developer will deed two reservoir sites; the developer will construct two water wells for the District; the developer is allowed to install two temporary water storage tanks at no cost, or liability, to the District; the District will allow occupancy of 69 units; the developer will install a backup booster station for development area "J"; that options for servicing W&Z land along La Palma are addressed; the developer will hold the District harmless from claims resulting from the First Amendment; and, the District will allow immediate occupancy of Fire Station No 53 on La Palma Avenue. Mr. Payne reported that staff and legal counsel have been working on this amendment for approximately one year and approval of the document, even though grant deeds are not ready at this time, will lock in the terms to avoid further negotiations by the developer. Occupancy of Fire Station No. 53 is contingent upon approval of the First Amendment and given that the District does not want to delay occupancy of the station, approval as to form is now being requested. Mr. Arthur Kidman, District legal counsel, reviewed the indemnification clause with the Board. Mr. Keith DeBrucky, legal counsel representing W&Z Development Corporation requested an opportunity to address the Board. Mr. DeBrucky, wanted to go on record as opposing Board approval of the First Amendment at this time as some issues are still not concluded. Mr. DeBrucky reported the District received a letter from Brighton Homes allowing his client to construct a temporary tank on property owned by Brighton. Mr. DeBrucky said the letter was incomplete as it did not address: who was responsible for compaction of the site; whether compaction tests available; will the site hold additional tanks; is the signer of the letter the legal owner of the land; completing Phase 8 of the Bryant Crossfeeder project in a timely manner; time limit on the temporary tanks; formal preparation and recordation of easements for the tank; who will finance construction of additional temporary tanks; and acquisition of a conditional use permit from the City of Yorba Linda. Mr. DeBrucky also noted that the letter has an incorrect name for his client and the signature was not notarized. In conclusion, Mr. DeBrucky thanked the Board, staff and especially Mr. Payne for their effort to secure the letter and address his clients concerns; however, he urged the Board to allow further revisions to the First Amendment before final approval. Mr. Kidman explained these issues were between the developer and Mr. DeBrucky's clients and did not necessarily involve the District. Furthermore, it was because of these types of potential problems, that the District included the indemnification clause. In conclusion, Mr. Kidman reported the First Amendment was flexible enough to address Mr. DeBrucky's concerns without writing them into the Amendment. Page August 9, 1990 The Board discussed the matter at length and concluded the document allowed staff the flexibility to address Mr. DeBrucky's concerns without disrupting approval at this time. In addition, the Board noted that execution of the document was subject to receipt of grant deeds which could take a few weeks, during which time Mr. DeBrucky may be able to resolve his concerns with AW Associates. On a motion by Director Fox and seconded by Vice President Knauft the Board of Directors voted 4-0 to approve the First Amendment to the 1989 Water Service Agreement; and authorize the President and Secretary to execute the First Amendment subject to receipt of the Grant Deeds for the two reservoir sites; and authorize staff to immediately release for occupancy the Yorba Hills Fire Station No. 53. Item 10. Report on the Lomas De Yorba Water Well #2 Project. Mike Payne, Engineering Manager, reported that the environmental documentation required by the California Environmental Quality Act (CEQA) for a second water well in Improvement District No. 2 is now complete and ready for Board action. The project has been evaluated in accordance with the adopted State and District Environmental Impact report guidelines to determine its potential impact on the environment. Following the required review and comment period, it has been determined that this project will not have a significant effect on the environment and that a Negative Declaration will be prepared and filed with the County Clerk's office. In response to an inquiry by Director Armstrong, Mr. Payne reported that the District is not limited to a 100 foot deep water well, that abandonment of existing wells is under the County of Orange agreement with AW Associates and electrical wiring for the new well is above ground. On a motion by Vice President Knauft and seconded by Director Fox the Board of Directors voted 4-0 to determine that the Lomas De Yorba Water Well #2 Project will not have a significant effect on the environment; a Negative Declaration will be prepared; and that a Notice of Determination will be filed with the Orange County Clerk's Office. Item 11. Report on Trunk Sewer Right of Way Acquisition for properties north of Mickel Lane and Palm Drive. Mike Payne, Engineering Manager, reported that BSI Consultants were retained by the District to acquire sewer rights-of-way for a trunk sewer project north of Mickel Lane and Palm Drive. BSI has now completed right of way negotiations with all parties and agreements are ready for signature by the Board. Mr. Payne also reported that Brighton Homes is financing the right-of-way acquisition, undertaking sewer construction in this area and buying out the District's reimbursement contracts. Director Armstrong inquired about other easements in the area and Mr. Payne reported they have been acquired except for the ones presented at this meeting. Vice President Knauft noted the new construction north of Yorba Linda Blvd. and asked if other parties are now coming forward to request connection to the sewer system. Mr. Payne responded that he has received numerous phone calls for new connections in this area. At the request of Director Fox, Mr. Payne identified the parcels on the aerial s Page August 9, 1990 photo in the Board room. Mr. Art Kidman, District legal counsel, reported that the signatures must be notarized before the District would sign the documents. On a motion by Director Armstrong and seconded by Director Fox the Board of Directors voted 4-0 to approve a Right of Way Agreement with Stanley A. Kaller and Arleen E. Kaller and also with Clement E. Lieber and Gerry E. Lieber subject to review and approval as to form by the District's General Counsel; and authorized the President and Secretary to execute both agreements. Item 12. Consideration of Independent Special District of Orange County Opinion Survey. Mike Robinson, Assistant Administrator, polled the Board for response to questions concerning a ISDOC questionnaire regarding special district representation on LAFCO. It was the Board's consensus to: support action to obtain two special district seats on LAFCO; actively support the position by contacting city council members and county supervisors; prepare a report by a professional consultant justifying special district representation on LAFCO; identifying the need for special district services versus city take-over; and, consider financing a portion of the costs to prepare such studies. In addition, the Board held a general discussion of the purpose of various associations and groups to which they belong. The Board concluded that ISDOC needed a project to advocate and special district representation on LAFCO is ideal for them. ACTING GENERAL MANAGER'S REPORT Item 13. This item was moved to the beginning of the meeting. LEGAL COUNSEL'S REPORT Item 14. Legal counsel had nothing to report. STANDING COMMITTEE REPORT Item 15. No Executive-Administrative-Organizational Committee meeting was scheduled. Item 16. A Finance-Accounting Meeting meeting was scheduled for August 15th at 3:30 p.m. In addition, the Finance-Accounting Committee orally reported that their August 8th meeting was for the purpose of discussing Water Rate Report and Sewer Maintenance Charge Report. The Committee reported that staff is reviewing water rate alternatives and will report back to the Committee on August 15th. In addition, Water Rate and Sewer Maintenance Charge recommendations will be presented for consideration at the Board's August 23rd meeting. Item 17. Authorization for Payment of Bills. On a motion by Vice President Knauft and seconded by President Korn, the Board of Directors voted 4-0 to approve payment of bills, payroll and refunds in~ the amount of $977,018.83 on Check Nos. 5661, 5665, Page 2. August 9, 1990 5666, 6088 through 6151 and 6177 through 6204; and Payroll Check Nos. 4651 through 5482; and one wire to ACWA dated July 27, 1990 in the amount of $12,812.80. Item 18. No Personnel Committee meeting was scheduled. Item 19. The Planning-Engineering-Operations Committee reported that the following items were discussed at its August 3rd meeting: the Harold Leasure project; Right-of-Way agreements for Mickel Lane and Palm Drive; First Amendment to the 1989 Water Service Agreement; City of Yorba Linda Radio Antenna Agreement; and, service to the lake managed by the Eastlake Homeowners Association. President Korn requested that the PEO Committee continue reviewing a policy for the service to the lake. Item 20. No Public Information Committee meeting was scheduled. INTERGOVERNMENTAL MEETINGS Item 21. Report on MWDOC meeting, August 1. Director Knauft reported that nothing of importance to the District was discussed at the August 1 st MWDOC meeting. Item 22. Report on OCWD meeting of August 1. Director Fox reported that he was not able to attend the OCWD meeting but did attend the Bay/Delta hearing in Irvine. Director Fox reported there was an overflow crowd for the hearing. Southern California's water officials made great presentations; however, the process seems to focus more on the needs for fish than people and the Water Resources Control Board is having difficulty striking a balance between the competing water needs. Item 23. Report on WACO meeting of August 3. Vice President Knauft reported that Mr. Ray Corley gave a presentation on the "Big Green" or Hayden Initiative and requested District consideration of a Resolution opposing the initiative. Item 24. Report on City Council meeting of August 7. Vice President Knauft reported that the City spent considerable time discussing the CATV survey and weed abatement. Item 25. Report on ISDOC meeting of August 8. Director Fox reported that the August 8th meeting was for the Executive Committee of which he is not a part. The staff was advised to correct the calendar to remove the ISDOC Executive Committee meetings to avoid confusion. BOARD MEMBER COMMENTS Item 26. Director Armstrong: Director Armstrong was concerned about unfinished projects, such as completion of the weather station and the second Etchandy well. Staff Page August 9, 1990 was requested to provide the Board with a calendar of when these items will be completed. There was a general discussion of a projects list so the Board can review project status at a glance. Director Armstrong also commented that he just received one of the District's customer survey cards for service he requested so long ago that he could not remember all of the details. He requested an update on what the survey card program, and asked if they can be mailed quicker after a request for service is made. Item 27. Director Fox: Director Fox reported on the results of the City's CATV survey and asked if the District has received the City's other survey results. Mr. Robertson reported that the other survey results have not yet arrived. Director Fox also reported that he is now working as now working part-time for Senator Frank Hill. Item 28. Vice President Knauft had no comments. Item 29. President Korn: President Korn polled the other Board members regarding their attendance at the upcoming CSDA conference. President Korn reported he will be on vacation and unable to attend the conference. In addition, President Korn circulated pictures taken at former Director Cromwell's last meeting with the Board. Mr. Robertson reported that the District still has not received any letters from potential candidates who may desire appointment to the Board. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board assigned activities for the month of September and requested staff to add a new section at the bottom to identify conference dates so they can review them as early as possible. CLOSED SESSION: There was no closed session. ADJOURNMENT On a motion by Vice President Knauft and Directors voted 4-0 to adjourn the meeting at seconded by Director Fox, the Board of 10:58 a.m. vvimam i. Hooertson Acting General Manager/Secretary