HomeMy WebLinkAbout1989-11-09 - Board of Directors Meeting MinutesNovember 9, 1989
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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
November 9, 1989
The regular meeting of the Board of Directors of the.Yorba Linda Water District was called
to order by Sterling Fox, President, at 8:30 a.m., November 9, 1989, in the District offices
at 4622 Plumosa, Yorba Linda. Directors present were: Paul Armstrong, Whit Cromwell,
Roy Knauft, Arthur C. Korn and Sterling Fox. Also present were: Arthur Kidman, Legal
Counsel; William P. Workman, General Manager; William Robertson, Assistant General
Manager; Robb Quincey, Executive Assistant to the General Manager; Mike Payne,
Engineering Manager; Beverly Meza, Acting Business Manager; Mike Robinson, Assistant
Administrator; Ray Harsma, Operations Superintendent; Barbara Bower, Secretary; Ken
Maddox, Brighton Homes; Larry Kraemer, Orange County Water District and Cheryl
Livingston, Yorba Linda resident.
CONSENT CALENDAR
On a motion by Director Armstrong and seconded by Director Cromwell, the Board of
Directors voted 5-0 to approve the Consent Calendar as follows:
Item 1. Approval of Minutes - Regular meeting of October 26, 1989.
Item 2. Authorization for the Directors to leave the State of California prior to next
meeting.
Item 3. Approval of an Agreement with R & W Highway inspection for Construction
Inspection Services and authorize the President and Secretary to execute the Agreement.
Item 4. Approval of a Purchase Agreement for three Truck Service Bodies from Harbor
Fabricating Co. in the amount of $24,915.30.
Item 5. Acceptance of the Treasurer's Report for October 31, 1989.
Item 6. Denial of Claim by Ms.. B.J. Hadzoglon, 4846 Merida Plaza, Yorba Linda, in the
amount of $10,000.00
PRESENTATION
Item 7. Presentation by Larry Kraemer, Director, Orange County Water District. Mr.
Kraemer presented the Board with an update to the following Orange County Water
District projects: Santiago Pumphouse, Tustin Nitrate Removal, El Toro TCE Cleanup,
Garden Grove Nitrate Removal and Blending Operations, Green Acres Treatment Facility,
Anaheim Lakes Bypass, and Administrative Office Renovation. Mr. Kraemer also inquired
of the District's interest in conjunctive well use with the Orange County Water District, and
encouraged the District to participate in the project.
November 9, 1989
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Item 8. Presentation of Employee Recognition Award to Customer Service Supervisor
Kathy Eager. President Fox presented Kathy Eager with an Employee Recognition Award
for her efforts with the District's new computer system and the related Utility Billing
software module.
DISCUSSION CALENDAR
Item 9. Consideration of Request for Sewer Main Extension by Mr. and Mrs. Livingston.
Engineering Manager Mike Payne explained that since the Board meeting of October 26,
1989, the Livingston's have subsequently withdrawn their request to waive the District's
requirement for the installation of a sewer main across the easterly frontage of their
property located at 5211 Eureka Avenue. Mr. Payne further explained that the Livingston's
have agreed to extend the sewer main across the easterly frontage of their property,
pursuant to the District's Sewer Rules and Regulations.
Mrs. Livingston briefly extended her appreciation to the Board and staff for their continued
interest and cooperation. After a brief discussion by the Board, on a motion by Director
Cromwell and seconded by President Fox, the Board of Directors voted 5-0 to approve the
Terms and Conditions for Sewer Service with Mr. and Mrs. Livingston, Job No. 8697.
Item 10. Yorba Linda Water District Sewer Main Extension Policies. Engineering
Manager Mike Payne stated that pursuant to the Board's request that staff prepare an
amendment to the District's Sewer Rules and Regulations with regard to general
exceptions for the installation of a sewer mains, the staff prepared Resolution No. 89-35
for the Board's consideration. Mr. Payne stated that this Resolution adds Section 7.11 to
the Rules, which allows a general exception to the rules when the Board makes a finding
that the installation of a sewer main under the Sewer Master Plan is inconsistent with
development plans for a specific area at the time of an applicants request. After a lengthy
discussion by the Board about the purpose and need for the amendment, on a motion by
Director Cromwell and seconded by Director Knauft, the Board of Directors voted 3-2 (No:
Fox, Korn) to table this item.
Item 11. Report on Zone 5 Reservoir Project. Engineering Manager Mike Payne stated
that the District has finalized review of the Zone 5 Reservoir Project, and the staff is
proposing a 3.2 million gallon tank for this purpose. He stated that the District has
completed all of the necessary soils studies and that Converse Consultants has submitted
the final report approving the site for construction of the reservoir. Mr. Payne concluded by
requesting the Board's authorization to seek proposals for the engineering, design and
construction management of this reservoir project. After a general discussion by the Board
with regard to the District's planning process, on a motion by Director Knauft and
seconded by President Fox, the Board of Directors voted 5-0 to make a determination that
the Zone 5 Reservoir Project will not have a significant effect on the environment; that a
Negative Declaration will be prepared; that a Notice of Determination will be filed with the
Orange County Clerks Office; and to authorize staff to seek proposals for the engineering
design of the reservoir project.
November 9, 1989
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Item 12. Report on the Brighton Annexation. Engineering Manager Mike Payne
presented a report and recommendations to the Board on proceeding ahead on
developing a pre-annexation agreement with Brighton Homes, the Orange County
Community College District and the Placentia Unified School District.
Mr. Ken Maddox of Brighton Homes spoke briefly with regard to his proposed
development, and stated that he hoped to work with both the NOCCCD and PUSD to
allow this annexation to move forward swiftly. More specifically, Mr. Maddox discussed the
schedule of activities that he would like to undertake to get his development project
started, and also discussed how the extension of Bastanchury Road affects this
development. After a lengthy discussion by the Board with regard to the use of proposed
temporary water tanks to serve this development, and other options available to service
this area, on a motion by Director Knauft and seconded by Director Cromwell the Board of
Directors voted 5-0 to:
1. Proceed with annexation of the Brighton and NOCCCD properties.
2. Complete the Master Plan for the Brighton, NOCCCD and PUSD development. In
the event that NOCCCD and/or PUSD does not finance their respective share, then
the District will finance completion of the report and collect the costs upon future
annexation or development.
3. Complete a Pre-Annexation Agreement with Brighton, NOCCCD and PUSD so as
to provide the ground rules and plans for development; phasing of development
and related construction of facilities; financing of facilities; the timing of
occupancies; and specific obligations of the developers and District in proceeding
with development.
4. Proceed with plans and specifications to activate AMP Connection DI-01.
5. Exchange water service to the PUSD school site for, up to, seven lots in the
Brighton Homes development.
6. Require developers to pay off existing Drainage Area "B" Refund Contracts; and
finance, and construct offsite sewer improvements related to their development.
7. Use Drainage Area "B" Acreage Fees toward financing oversizing of offsite sewer
improvements related to normal growth in Drainage Area "B".
8. Allow use of temporary reservoirs subject to specific terms and conditions that will
be identified in the Pre-Annexation Agreement.
November 9, 1989
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9. Allow approximately 27 acres of Brighton's development, along with a portion of
the NOCCCD development, to drain into the City Sewer System; however, it is
understood that the area will remain in the District's Sewer Maintenance Area.
Item 13. Report on the Financial Statements for the two months ended August 31, 1989.
Acting Business Manager Beverly Meza stated that from this time forward, the District's
financial statements will have comparisons by item, from the previous to current year. She
further stated that net income has increased $195,139. over the last year, and that
revenues are showing an increase of $264,129. , while the expenses have also increased
by $68,990. Ms. Meza concluded her report by stating that last year at this time, three of
four District funds reflected a net loss for the two months; however, this year only one fund
shows a net loss for the two months of reporting. After a brief discussion by the Board, on
a motion by Director Knauft and seconded by Director Armstrong, the Board of Directors
voted 5-0 to accept the Financial Statements for the two month period ended August 31,
1989.
Item 14. Viewing of Xeriscape Video Tape. Assistant Administrator Mike Robinson
presented a viewing of "Drip by Drip", a water conservation video to the Board. The video
is aimed at the public featuring a strong water conservation message.
_GENERAL MANAGER'S REPORT
General Manager William Workman reminded the Board of the upcoming Veteran's Day
holiday on Friday, November 10, 1989 of which the District would be observing. Mr.
Workman also advised the Board that due to the building renovation project that is about
to be underway, the Board meeting of November 20, 1989 will be held at the District's
Plant No. 1 site.
Item 15. Use of Highland Reservoir Site. General Manager William Workman stated that
over the last several months the Board and the staff have discussed a number of issues
regarding the short and long term uses of the Highland Reservoir property. He reviewed
with the Board the kinds of land uses that the District might designate for the Highland
Reservoir site, as well as ways in which the District might resolve the problems with the
existing access and use encroachments on the site.
After the Board of Directors discussed the existing encroachments and possible land
uses, the Board directed staff to return to the Board for review a map which outlines the
current encroachments and existing underground pipes. The Board asked that
consideration be given to an encroachment or license permit procedure. In the interim, the
Board stated that the Highland Reservoir site should remain to be an open semi-natural
open space.
November 9, 1989
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Item 16. Consideration of Request by the Pacific Company (A.W. Associates) to amend
the 1989 Water Service Agreement to permit additional occupancies in Tracts 13717 and
13545. General Manager William Workman stated that development in Improvement
District No. 2 (I.D. No. 2) has been guided over the past several years in large part by the
1983 Water Service Agreement. However, in April of this year, the Board approved the
1989 Water Service Agreement negotiated between the District and A.W. Associates,
which provided the ground rules and plans for development of the remaining
undeveloped portions of I.D. No. 2. Mr. Workman stated that the agreement described the
phasing of development and related construction of facilities; the financing of these
facilities; the timing of occupancies of units; and the specific obligations of the Developers
and the District in proceeding with development in I.D. No. 2.
Mr. Workman further stated that in late August of 1988, A.W. Associates requested that the
District approve the installation of a second temporary above ground storage tank to
permit occupancies for an additional 83 units, for a total of 133 units within Tract No.
13545 and 13717. As the request was not consistent with the 1989 Water Service
Agreement, the staff recommended to the Board that they deny this request at their
meeting of September 14, 1989. As this item was continued to the meeting of October 12,
1989 to permit the staff time to consult with the Developer regarding these conditions, it
was again discussed; however, again referred back to the staff for further work and
resolution before it returned to the Board. Mr. Workman reviewed the proposed conditions
for approval of the Developer's request, and further advised the Board that no agreement
has yet been reached between the Developer and the District to amend the 1989 Water
Service Agreement. Mr. Workman indicated that there had been recent discussions
regarding expanding the Zone 4 Reservoir site as an alternative to the well; however, no
agreement had been reached on the issue. He stated that the staff recommends denial of
the request by the Pacific Company (A.W. Associates).
Mr. Workman stated that the District received a request for a continuance of this matter
from the Pacific Company. He concluded his report by stating that contrary to the 1989
Water Service Agreement, staff has determined that A.W. Associates has recently began
construction of a second above-ground water tank, which apparently has been designed
to serve the additional 83 units in question. Mr. Workman and Engineering Manager Mike
Payne made a brief slide presentation showing the development area, and the
construction of the unapproved second above-ground water tank. After a lengthy
discussion by the Board with regard to this issue, on a motion by Director Knauft and
seconded by Director Armstrong, the Board of Directors voted 5-0 to continue this item to
the Board's meeting of December 14, 1989; direct the staff to forward a letter to A.W.
Associates indicating that no approval had been given by the District for the second
above-ground water tank; request the staff to check with the City regarding "holds"
placed on occupancy permits of the 83 additional units in Tracts 13717 and 13545; and
directed further research regarding ownership rights of the eastside water well.
November 9, 1989
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LEGAL COUNSEL'S REPORT
Item 17. Legal Counsel Arthur Kidman reported that the schedule for California Special
District's Association Financial Certificates of Participation for the District's Building
Renovation Project will be issued sometime in mid-December, 1989. Mr. Kidman also
advised the Board with regard to a recent Court of Appeals decision affecting how
developer fees can be charged by Special Districts. He advised the Board that ACWA is
investigating the possibility of de-certifying the publication of this ruling so that it cannot be
used as precedent in similar cases in the future.
INTERGOVERNMENTAL MEETINGS
Item 18. No Executive-Administrative-Organizational Committee meeting report
scheduled.
Item 19. No Finance-Accounting Committee meeting report scheduled
Item 20. Authorization for Payment of Bills. On a motion by Director Knauft and
seconded by President Fox, the Board of Directors voted 5-0 to approve payment of bills
and rate deposits in the amount of $176,976.40 on Check Nos. 18558 through 18642,
and Payroll Check Nos. 4195 through 4252.
Item 21. No Personnel Committee meeting report scheduled.
Item 22. No Planning-Engineering-Operations Committee meeting scheduled.
Item 23. No Public Information Committee meeting scheduled.
BOARD MEMBER COMMENTS
Item 24. Report on MWDOC meeting of November 1, 1989. Director Knauft reported that
there was nothing of significance to the District discussed at this meeting.
Item 25. Report on OCWD meeting of November 1, 1989. There was no District
attendance at this meeting.
Item 26. Report on MWDOC Dinner meeting of November 2, 1989. Director Knauft
reported that Delta water quality was the issue of discussion at this Dinner meeting.
Item 27. Report on WACO meeting of November 3, 1989. There was no District
attendance at this meeting.
Item 28. Report on City Council meeting of November 7, 1989. Director Cromwell
reported that the Council discussed the concept of elections by District, a public hearing
regarding an appeal of a Planning Commission decision regarding density on a
development project, and the Airport Site Plan.
November 9, 1989
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BOARD MEMBER COMMENTS
Item 29. Director Armstrong: Director Armstrong advised the Board concerning California
Assembly Bill 21 which obligates the District for a special levy so to cover costs to develop
a Safe Drinking Plan.
Item 30. Director Cromwell: Director Cromwell commented on the success of the
District's recent Xeriscape Conference and on the District's recent participation in local
parades He also advised the Board with regard to the Local Area Formation
Commission's recent decision against Special District representation on it's Commission.
Item 31. Director Knauft: Director Knauft inquired of the staff regarding Operations
equipment, and the way in which this equipment is capitalized.
Item 32. Vice President Korn: Vice President Korn had no comments.
Item 33. President Fox: President Fox had no comments.
ADJOURNMENT
On a motion by Director Knauft and seconded by Director Fox, at 12:15 p.m the Board
voted 5-0 to adjourn the meeting to November 20, 1989, 8:30 a.m. at the District's Plant
No. 1 facility, Placentia.
William' P. Workman
General Manager/S,