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HomeMy WebLinkAbout1996-09-19 - Board of Directors Meeting MinutesPage 3550 September 19, 1996 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING September 19, 1996 The September 19, 1996 Regular Meeting of the Yorba Linda Water District Board of Directors was called to order by President Michael J. Beverage at 8:30 a.m. The meeting was held at District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors present at Roll Call: President Michael J. Beverage Vice President Paul R. Armstrong Sterling L. Fox Arthur C. Korn Carl T. Scanlin Directors absent at roll call none Staff present: William J. Robertson, Secretary/General Manager Arthur G. Kidman, General Counsel Charles Gray, Engineering manager Roger Lubin, Exec. Asst. to the General Manager Beverly Meza, Business Manager Michael Payne, Assistant General Manager Michael J. Robinson, Assistant Administrator Jill Weber, Secretary Art Vega, Network Systems Administrator Visitors Kenny Witt, MWDOC George Bayse and Sam Couch, Shell Oil Company President Beverage turned the floor over to Kenny Witt, who reported that the Metropolitan Water District of Southern California (Met) and the San Diego County Water Authority (SDCWA) will meet in October to discuss SDWCA9s plans to acquire water from the Imperial Irrigation District. Met also discussed water wheeling, and other Met activities. SPECIAL RECOGNITION: Item 1. Introduction of new employee. Beverly Meza introduced Art Vega, who joined the District on Monday, September 9, 1996 as Network Systems Administrator. Mr. Vega left the meeting at the conclusion of this item. Mr. Witt left the meeting at the conclusion of this item. CONSENT CALENDAR On a motion by Director Fox, seconded by Vice President Paul R. Armstrong, the Board of Directors voted 5-0 to approve the Consent Calendar. Item 2. Minutes of adjourned regular meeting, September 5, 1996. Page 3551 September 19, 1996 Item 3. Authorization for the Directors to leave the State of California prior to next meeting. Item 4. Disbursements of $458,027.04 on Checks 20955 and 20956, and 20961 through 21056; a wire to ACWA-HBA for $17,050.84, dated 9/24/96; and $100,840.09 on Checks 11647 through 11647 for Payroll No. 18. Item 5. Actions related to the rehabilitation of Wells 1,5.7, and 12, Job 8954: (1) Progress payment of $330,130.49, less a 10% retention of $33,013.05, for a net payment of $297,117.44 to PR Burke Corporation; (2) Deposit the retention payment to Harbor Bank Escrow Account Number 101; and (3) Amend the consultant agreement in the amount of $14,600, with Geo-Environmental, Inc., for additional soils and concrete testing. ACTION CALENDAR Item 6. Consider amendments to the Public Information Program. This item was continued at the direction of the Chair. At the direction of the Chair, the Board considered Item 9 next. Item 9. Consideration of Shell Oil Annexation Letter Agreement on development principles. General manager William J. Robertson reported that the District met with Shell representatives George Bayse and Sam Couch, to develop an agreement of basic principles designed to service provision to Shell's proposed project. Engineering Manager Charles Gray then outlined the principles of agreement. These included property tax sharing, Orange County Water District's (OCWD) annexation fees and timing, a water and sewer facility agreement, a water and sewer financing agreement, and a stipulation that Shell will pay all legal fees and consultant costs. On a motion by Vice-president Armstrong, seconded by Director Fox, the board moved to allow the General Manager to sign this agreement as long as it conforms to the basic principles outlined by Mr. Gray. This motion failed by a 0-5 vote. Further discussion resulted in a Board consensus to hold a special meeting October 1, which would provide sufficient time for staff and Shell Oil to complete a proposed letter agreement on development principles. President Beverage declared a recess at 9:30. The meeting reconvened at 9:40. Item 7. Consider of Early Retirement Incentive Plan. Executive Assistant to the General Manager and Personnel Officer Roger Lubin presented an Early Retirement Incentive Plan (ERIP) designed to meet the Board's criteria of providing benefits equivalent to PERS' Two Years Additional Service Credit program, and be funded by savings in employee costs. Page 3552 September 19, 1996 The Board discussed the plan in concept, as well as a request for early retirement by Operations Superintendent Ray Harsma. On a motion to reject the Early Retirement Incentive Program made by President Beverage, and seconded by Vice President Armstrong, the Board of Directors voted 3-2 (Fox, Scanlin: Nay) to approve the motion, thereby rejecting both the Early Retirement Incentive Program and the request for early retirement by Ray Harsma. Item 8. Consideration of Water Rates for Fiscal Year 1996-97. General Manager William J. Robertson reported that certain conditions changed since the Board approved water rates for 1995-96 and 1996-97. Metropolitan Water District of Southern California reduced their rates from $466 to $430.50 per acre foot on July 1, 1996, and Orange County Water District reduced their planned increase from $95 to $88 per acre foot. Total estimated savings from these rate changes are forecast at $344,700 for 1996-97. A motion by Vice-president Armstrong to set rates at $1.00 died for lack of a second. On a motion by Director Fox, seconded by President Beverage, the Board of Directors voted 5-0 to table this item, refer it to the Finance Committee, and return it to the Board at the first regular meeting in October. GENERAL MANAGER'S REPORT Item 10. General Manager William Robertson reported: 1. OCWD Ground Water Producers. A meeting will be held Monday, September 23 at 11:00 a.m. 2. Facilities Tour scheduled for September 28, is fully subscribed, and there is a waiting list. 3. District activities: Raquel Lazo had surgery, Kimberly Hart had a baby, and Diane Dalton is scheduled for surgery next week. GENERAL COUNSEL'S REPORT Item 11. General Counsel's report. This report was covered during closed session. On a motion by Director Fox, seconded by Director Armstrong, the Board of Directors voted 5-0 to enter closed session. CLOSED SESSION The Board of Directors entered closed session at 10:48. Page 3553 September 19, 1996 Item 24. Pending litigation to which the District is a parry, (Subsection (a) of Section 54956.9), County of Orange, Chapter 9, Case No SA 94-22272-JR; Orange County Investment Pools, Chapter 9, Case No. SA 94-22273-JR before the US Bankruptcy Court, the Central District of California. On a motion by Director Fox, seconded by Vice-president Armstrong, the Board of Directors voted 5-0 authorizing the General Manager to enter into a letter agreement with Folger & Levin, for Option B legal representation. Item 25. Discussion of Personnel matters pursuant to Section 54957.6 of the California government Code, unrepresented employee: General Manager. This item was deferred to a workshop planned for October 17'' at 8:30. The Board exited closed session at 11:22 a.m. COMMITTEE REPORTS Item 12. Legislative Ad Hoc Committee. No report. Item 13. Executive-Administration Committee. No report. Item 14. Finance-Accounting Committee. Meeting set for Friday, September 27, at 8:30. Item 15. Personnel-Risk Management Committee. Met Tuesday, September 11, at 9:00 a.m. Attending were Directors Fox and Scanlin, and staff members Robertson and Lubin. The Committee discussed risk management activities; and an early retirement incentive program. Mr. Lubin left the meeting at the conclusion of this item. The Committee then reviewed material related to the General Manager's evaluation, and the management audit conducted by Ralph Andersen & Associates. Item 16. Planning-Engineering-Operations Committee. Item 17. Public Information Committee. INTERGOVERNMENTAL MEETINGS Item 18. WACO meeting, September 6 (Fox): Board of Supervisors meeting rescheduled to October 17. Item 19. ISDOC meeting, September 10 (Fox): Reported that new by-laws will be sent to each director, and that a meeting is set for November 21 to elect new officers. Director Fox also mentioned that he will seek the presidency of ISDOC for a two-year term. Item 20. Yorba Linda Planning Commission, September 11 (Armstrong): Reported that the Planning Commission approved the North Orange County Chabad Center's project, and that surplus property from the North Orange county Community College District will be sold. Page 3554 September 19, 1996 Item 21. Yorba Linda City Council, September 17 (Beverage): The City will dedicate the Casa Loma gymnasium October 19`x. He also reported that the City will develop a police administrative office. Item 22. MWDOC meeting, September 18 (Fox): Reported that they discussed fiduciary responsibilities of Directors. Item 23. OCWD meeting, September 18 (Scanlin): Reported that they continued a public hearing to consider basin equity assessments for agricultural water because of lack of notice to affected properties. BOARD MEMBER COMMENTS/ITEMS FOR FUTURE CONSIDERATION Fox: The Board of Supervisors discussed external restructuring of entities in Orange County, and collaborative efforts regarding ongoing activities in the County. Scanlin: Will be out of town from October 123' through October 29 h. Beverage: Will be out of town from September 22' through October 8'. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board of Directors reviewed the Activity Calendar and made assignment changes. On a motion by Director Dorn, seconded by Director Fox, the Board of Directors voted 5-0, at 12:04 p.m., to adjourn to Tuesday, October 1, at 8:30 a.m., at the District's headquarters on Secretary/General Manager