HomeMy WebLinkAbout1992-11-12 - Board of Directors Meeting MinutesPage 2425
November 12, 1992
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS ADJOURNED REGULAR MEETING
November 12, 1992
The November 12, 1992, Adjourned Regular Meeting of the Yorba Linda Water District Board of
Directors was called to order by Sterling L. Fox, Vice President, at 10:00 a.m. The meeting was
held at the District Headquarters located at 4622 Plumosa Drive, Yorba Linda.
Directors present at Roll Call:
Vice President Sterling L. Fox
Roy Knauft, Jr.
Arthur C. Kom
Carl T. Scanlin
Directors absent at Roll Call:
President Paul R. Armstrong
Staff =sent:
William Robertson, Secretary/General Manager
Janet Morningstar, District General Counsel
Barbara Bower, Secretary to the General Manager
Charles Gray, Engineering Manager
Robin Katz, Customer Service Supervisor
Ray Harsma, Operations Superintendent
Roger Lubin, Executive Ass't to General Manager
Michael Payne, Assistant General Manager
Michael Robinson, Assistant Administrator
Visitors Present:
Mr. Richard Sparrow, 18801 Oriente Lane, Yorba Linda
CONSENT CALENDAR
On a motion by Director Knauft, seconded by Director Kom, the Board of Directors voted 4-0 to
approve Consent Calendar as follows:
Item 1. Minutes of the Regular meeting of October 22, 1992.
Item 2. Authorization for the Directors to leave the State of California prior to next meeting.
Item 3. Payment of bills, payroll and refunds in the amount of $782,097.86 on Check Nos.
12078, 12157, 12158, 12166, 12167, 12249, 12254 through 12370; and Payroll Check Nos.
4164 through 4231; and one wire to MWDOC in the amount of $312,337.86 dated November
11, 1992.
Item 4. Approval of Terms and Conditions for Water Service with Upper K-Shappell Joint
Venture for their project located north of Esperanza Road and east of Fairmont Boulevard; Tract
10608, J-9222; Tract 14688, J-9223; Tract 14689, J-9224; Tract 14690, J-9225; Tract 14691, J-
9226, Tract 14692, J-9227; Tract 14693, J-9228; Tract 14694, J-9229; Tract 14695, J-9230;
and Tract 14696, J-9231.
Item 5. Approval of request for an additional payment to ASL Consulting Engineers in the
amount of $12,495.73 for construction management services for Elk Mountain Booster Station,
Job No. 8961.
Item 6. Approval to release the Guarantee Bonds, totaling $37,600.00 for the construction of
water and sewer facilities installed by the develovers identified in the Agenda Report.
Item 7. Acceptance of the Treasurer's Report for September 30, 1992, as presented.
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November 12, 1992
Item 8. Approval to purchase one portable paint sprayer from Spray Equipment and Repair
Company in the amount of $2,249.00.
DISCUSSION CALENDAR
At the direction of Vice President Fox, Agenda Item No. 15 was taken out of order to
accommodate Mr. Richard Sparrow's schedule.
Item 15. Consideration of Sewer Assessment District No. 92-01. Chuck Gray, Engineering
Manager, opened discussion of this matter with a description of the process by which
homeowners were informed of the proposed Sewer Assessment District and their opportunity to
sign a petition. Mn Gray reported that seven of twelve homeowners, which represent 58% of
the property, signed the petition to form the Sewer Assessment District. Seven homeowners are
enough to satisfy the legal requirement of 50% plus one, but it falls short of the Board's policy of
having 66% of the homeowners sign the petition. To meet the Board of Directors 66% policy,
one more homeowner must sign the petition. Mr. Gray reported that one more homeowner may
favor the Assessment District, but it was soft support.
Mr. Gray then discussed details of five options available to the Board of Directors: 1) stop work
on the project until one more firm petition is signed; 2) proceed with 58% of the homeowners
which is less than the 66% majority; 3) redraw the Assessment District boundary to include only
the seven homeowners; 4) abandon the Assessment District and let the homeowners build the
project on their own; or, 5) District participate by funding construction of the project with
payback when homeowners connect in the future. This concluded Mr Gray's formal
presentation.
Vice President Fox asked if there were any comments by Board members. Director Knauft
requested that the Board hear from Mr. Sparrow. Mr. Richard Sparrow, 18801 Oriente Avenue,
reported he was a resident within the Assessment District and did not have a vested interest in the
project. He then spoke in favor of the Assessment District even though only 58% of the property
owners signed the petition. Mr. Sparrow continued with a lengthy discussion about the history
of the project, that street improvements were important to all homeowners until the City filled a
pothole at the end of the street, current costs to pump septic tanks, downsizing the Assessment
District boundary to seven homes would drive up individual assessments to the point where
some of them would oppose the project and the advantages of public financing on property tax
bills.
Vice President Fox opened the discussion to Board members. Director Knauft expressed his
desire to move forward to the public hearing. Director Kom discussed the issue that a bare
majority of property owners could impose special assessments on all property owners, however,
it was important to proceed forward to the public hearing so that the will of the people could be
heard. Director Scanlin discussed the amount of legal and engineering expenditures required to
proceed forward. General Manager Robertson reported the District needed to spend $34,000 for
legal and engineering to get the project to the public hearing stage. Vice President Fox discussed
the pros and cons of collapsing the Assessment District to the seven homeowners who currently
favor the project. Following a lengthy discussion, the Board of Directors consensus was to
proceed forward to the public hearing stage. General Counsel advised the Board they could take
action on this matter because it was on the Agenda.
On a motion by Director Knauft, seconded by Director Scanlin, the Board of Directors voted 4-0
to authorize the expenditure of up to $34,000.00 to proceed with design, engineering and legal
work to form Sewer Assessment District No. 92-01.
Vice President Fox declared a recess beginning at 10:35 a.m. The meeting reconvened at 10:45
a.m. with all Directors, except President Armstrong whom was absent, and all staff members
present.
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November 12, 1992
ACTION CALENDAR
Item 9. Consideration of combining the Lakeview Avenue and Mountain View Avenue Water
Facility Improvement Projects into one project. Chuck Gray, Engineering Manager, reported the
City of Yorba Linda is proceeding forward with the Lakeview/Mountain View Avenue street
widening project, which includes widening the Lakeview Avenue bridge. Since the City's
project overlaps two District projects, Mr. Gray recommended combining the two District
projects into one overall project. Mz Gray reported this was cost effective because of the
economies of scale. In addition, the bridge portion of the combined project requires unique
engineering and design review expertise, therefore, Mr. Gray recommended using one engineer
specifically for the bridge and another engineer for the routine water improvements in the street.
There was a general discussion to clarify the staff's recommendation combining two projects into
one project; the overall project budget and using two engineering firms.
On a motion by Director Scanlin, seconded by Director Kom, the Board of Directors voted 4-0
to:
1. Combine the Lakeview Avenue and Mountain View Avenue water facility improvement
projects into one project.
2. Authorize the General Manager to enter into a Consultant Agreement with BSI
Consultants, Inc., in the amount of $8,000.00 to prepare plans and specification to
incorporate the design and construction of a 250 foot section of the Lakeview Avenue
water pipeline into the City of Yorba Linda bridge widening project.
3. Authorize the General Manager to enter into a Consultant Agreement with ASL
Consulting Engineers, in the amount of $13,310.00, for design and engineering services
for the balance of the combined Lakeview Avenue and Mountain View Avenue water
facility improvement project.
Item 10. Approval to purchase components to complete the District's Telemetry System
upgrade. Chuck Gray, Engineering Manager, reported the District needs to purchase several
components to complete the telemetry system approved by the Board of Directors in April 1992.
Mr. Gray reviewed the component needed to complete the system. Mr. Gray went on to report
that next year the District will issue a Consultant contract for a feasibility study of the conversion
from telephone lease line communications to radio communications equipment. All of the
telemetry components are compatible with radio communications equipment in the event the
District wants to make a conversion in the future.
On a motion by Director Scanlin, seconded by Director Korn, the Board of Directors voted 4-0 to
approve an additional $36,294.00 to complete the telemetry system upgrade.
Item 11. Consideration of an agreement with Jack McDavid for Telemetry Consulting services.
Chuck Gray, Engineering Manager, reviewed Jack McDavid's qualifications to be the Telemetry
Consultant, hourly rate for services provided and the estimated number of hours the District may
need Mr. McDavid during the next 13 months. Mr. Gray reported the District will pay Mr.
McDavid's workers compensation insurance. There was a general discussion about PERS rules
concerning the number of hours per year that Mr. McDavid can work without penalties from
PERS, and whether or not staff expects to actually spend the maximum cost of the contract. Mr.
Gray reported the total contract amount is an estimate only and includes enough hours to
accomplish installation of new equipment plus a contingency for unforeseen emergencies.
On a motion by Director Knauft, seconded by Director Scanlin, the Board of Directors voted 4-0
to approve an agreement with Jack McDavid for Telemetry Consulting services; and authorize the
District Officers to execute the agreement; and transfer $8,750.00 from Engineering Professional
Services into the Operations Contract Services budget.
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Item 12. Consideration of a contract with Williams Supply Company, Inc. for the installation
of a 24 inch valve cut-in on Richfield Road. Chuck Gray, Engineering Manager, reviewed the
process to solicit bids to install the 24 inch line valve on Richfield Road. The low bidder was
Williams Supply Company, Incorporated, in the amount of $83,500.00. Staff has reviewed the
bidders qualifications and determined they are a qualified bidder. The Board discussed the need
for a line valve and bidders qualifications.
On a motion by Director Scanlin, seconded by Director Korn, the Board of Directors voted 4-0 to
approve the construction budget in the amount of $104,075.00; award a contract to Williams
Supply Company, Inc. in the amount of $83,500.00 for the installation of the 24 inch valve cut-
in on Richfield Road; and authorize District Officers to execute the contract subject to review and
approval as to form by Legal Counsel, and approve the release of the other bid bonds, once the
contract has been executed with Williams Supply Company, Inc.
Item 13. Consideration to authorize staff to advertise for construction bids for sewer
improvement in Bastanchury Road. Chuck Gray, Engineering Manager, reported the City of
Yorba Linda received federal funding and is moving forward with a project to improve
Bastanchury Road from Casa Loma to Lakeview Avenue. Since the City is widening the street,
now is the time for the District to move forward with construction of 2,126 feet of eight inch
sewer pipe. Ichinyosha Intemational, USA will construct about 450 feet of the sewer project,
with the District building the remaining 1,676 feet. Mr. Gray reported the capital cost will be
financed by transfer of funds from the Lakeview Avenue sewer diversion project and the District
will be reimbursed when homeowners connect in the future. The Lakeview sewer project will
not be built because of the slowdown in the economy. The Board held a discussion on the
source of funds for sewer capital projects and schedule for Brighton Homes to complete its
sewer facilities.
On a motion by Vice President Fox, seconded by Director Scanlin, the Board of Directors voted
4-0 to authorize staff to advertise for public bids for the construction of the sewer improvements
in Bastanchury Road; and approve the allocation of $200,000 from the Lakeview Avenue Sewer
Diversion Project, Job No. 9122.
Item 14. Consideration of Association of California Water Agencies and California Special
Districts Association annual membership dues. William Robertson, General Manager, reported
that a request for 1993 annual dues has been received from both ACWA and CSDA. Due,to the
Board's concerns over paying full dues after loosing a share of property taxes, General Manager
Robertson requested direction from the Board. The Board held a lengthy discussion on this
matter. Director Korn concluded discussion with a request that the Board continue this matter
until after the upcoming ACWA Fall Conference, to give Board members an opportunity to
communicate the District's concerns with other agencies and learn what position other agencies
are taking.
The Board of Directors continued this matter to the December 8, 1992, Board of Directors
meeting.
GENERAL, MANAGER'S REPORT
Item 16. General Manager's oral report and comments. William Robertson, General Manager,
discussed the following:
1. Schedule the annual dinner with Mr. Harold Weiss. The Board's consensus was Friday,
December 11, 1992.
2. MWDOC is planning a luncheon to celebrate closing the AMP refunding bonds. The
luncheon is scheduled for Friday, November 20, 1992 at MWDOC's office. Director
Kom said he would like to attend.
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November 12, 1992
3. Thanks to Barbara Bower, Kinga Cieszko, Ruben Gonzales, Chuck Gray, Ray Harsma,
Ricardo Hipolito, Pati Medina, Katie McCarthy, Linda Patti, Scott Roberts, Mike
Robinson, and Yury Zaslavsky for their help at the Heritage and Fiesta Days float, and
Fiesta Days booth.
4. Back training, scheduled for November 18, will include office staff in addition to the
Operations staff.
5. "Go with the flow" employee orientation braining is scheduled for November 16, 18 and
23.
6. The District's annual United Way campaign is underway.
LEGAL COUNSEL'S REPORT
Item 17. Ms. Janet Morningstar, District General Counsel, reported on a recent appellate court
decision regarding the Brown Act. An Appellate court ruled that Committee meetings were
public sessions which required the agency to follow all of the Brown Act rules pertaining to
public notice of meetings. Ms. Morningstar discussed several legal points in detail and pointed
out this decision contradicts another court ruling. Ms. Morningstar concluded that the recent
decision will be challenged in the State Supreme Court and, because there are contradictory
decisions, agencies should continue to follow their current practice on Committee meetings until
the Supreme Court decides on the appeal.
STANDING COMMITTEE REPORTS
Item 18. Oral report on Executive-Administrative-Organizational Committee held on November
6. The Committee discussed Board member orientation and the upcoming recognition event.
Item 19. No Finance-Accounting Committee meeting was held.
Item 20. A Personnel Committee meeting was held on October 20, at 9:00 a.m. The
Committee reviewed a draft of Sections 4 through 7 of the revised personnel rules, discussed
recruitments and the General Manager's evaluation.
Item 21. Oral report on Personnel Committee meeting held on November 2. The Committee
discussed letter to MWD, Americans with Disabilities Act and District's "Light Duty" policy,
Alternate workweek evaluation update and reviewed sections ten through twelve of the revised
Personnel Rules.
A Personnel Committee meeting was scheduled for Thursday, November 19, 1992, at 10:00
a.m.
Item 22. Oral report on Planning-Engineering-Operations Committee meeting held on
November 6, 1992. The Committee discussed the Bastanchury Road Sewer main, Lakeview
Avenue/Mountain View Avenue water project, Railway crossings, Telemetry component upgrade,
Consulting agreement with Jack McDavid, Sewer Assessment District No. 92-01, Fairmont
Booster Station LPG tank, electrical power outage and new lights at the Headquarters building.
Item 23. A Public Information Committee meeting was scheduled for Monday, November 16,
1992, at 2:00 p.m.
INTERGOVERNMENTAL. MEETINGS
Item 24. Report on Planning Commission meeting, October 28. Director Scanlin could not
attend the meeting.
Item 25. Report on ISDOC meeting, October 29. Director's Scanlin and Kom reported that a
Brown Act court ruling and the property tax shift were discussed as the ISDOC meeting.
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November 12, 1992
Item 26. Report on OCWD meeting, November 4. Director Scanlin reported that OCWD took
action on a Water Shortage Contingency Plan, deferred the December 2 meeting to December 9,
and that OCWD will use their resources to mount a legal challenge to the property tax shift.
Item 27. Report on Yorba Linda City Council meeting, November 3. Vice President Fox
reported that Councilman Schwing proposed reducing Council pay.
Item 28. Report on WACO meeting. Director Knauft reported that Dr. Wiley Horne, MWD
Planning Director, discussed future MWD water rates, and the WACO constituency proceeded to
offer their opinions opposing the planned increases.
Item 29. Report on MWD meeting. Director Knauft reported that Carl Kymla will remain as
Chairman of MWD's Budget sub-committee. In response to an inquiry by Director Korn,
Director Knauft reported he will be available after he retires from the MWD Board to discuss
strategy of how to monitor and communicate with MWD.
Item 30. Report on Yorba Linda Planning Commission meeting, November 11. Director
Korn reported the meeting was adjourned to November 12, because of the Veterans Day Holiday.
BOARD MEMBER .O NTS
Item 31. Director Knauft questioned several items appearing on the Billboard (Agenda Item
No. 3). The staff responded to Director Knauft's inquiries.
Item 32. Director Korn did not have any comments.
Item 33. Director Scanlin reported reported that OCWD directors discussed limiting reports to
30 minutes, and then the next item on their agenda took 45 minutes.
Item 34. Vice President Fox requested that each director sign the proclamation to John Fraser.
Item 35. President Armstrong was absent.
BOARD OF DIRECTORS ACTIVITY CALENDAR
The Board of Directors reviewed the Activity Calendar:
Director Knauft departed the meeting at 12:05 p.m.
L.O D SESSION
There was no closed session.
ADJOURNMENT
On a motion by Director Scanlin, seconded by Director Korn, the Board of Directors voted 3-0,
at 12:08 p.m., to adjourn to Tuesday, November 24, 1992, at 8:30 a.m., at the District
headq rs on Pl osa Drive.
111401
WilMm J. Robertson
General Manager/Secretary