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HomeMy WebLinkAbout1990-05-17 - Board of Directors Meeting MinutesPage tt May 17, 1990 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS ADJOURNED MEETING May 17, 1990 The adjourned meeting of the Board of Directors of the Yorba Linda Water District was called to order by Arthur C. Korn, President, at 8:30 a.m., at the District Headquarters, 4622 Plumosa Drive, Yorba Linda. Directors present were: Paul Armstrong, Arthur Korn, Roy Knauft and Sterling Fox. Also present were William P. Workman, General Manager; William Robertson, Assistant General Manager; Mike Payne, Engineering Manager; Cheryl Gunderson, Business Manager; Mike Robinson, Assistant Administrator; Ray Harsma, Operations Superintendent; Barbara Bower, Secretary; Dave Larson, Labor Relations Legal Counsel; Harold Leasure, Leasure Enterprises and Ken Birkenstein. Director Whit Cromwell arrived at 8:35 am. CONSENT CALENDAR On a motion by Director Armstrong and seconded by Director Fox, the Board of Directors voted 4-0 to approve the Consent Calendar as follows: Item 1. Approval of Minutes - Regular meeting of April 26, 1990. Item 2. Authorization for the Directors to leave the State of California prior to next meeting. Item 3. Approval to release cash bonds with C.W. Associates, totalling $5,000.00 for their Tracts 11054 and 11061. Item 4. Approval to release the Guarantee Bond with Upper K Shappell Joint Venture, for their Tract No. 12310. Item 5. Authorization for the staff to advertise for bids for the construction of Water Facility Improvements in Richfield Road from the intersection of Yorba Linda Boulevard, south to Kennon Drive. Item 6. Approval of Quitclaiming portions of existing easements within Parcel Map No. 88-413 to Satori Corporation; and authorize the President and Secretary to execute the Quitclaim Deed. Item 7. Approval of payment to Spear Pipeline Construction for construction of the water facilities at Mabel Paine School in the amount of $28,300.00; authorization for Page May 17, 1990 staff to file a Notice of Completion; authorization to release the Labor and Materials Bond and payment of the 10% retention totalling $2,830.00 35 days after the Notice of Completion has been recorded if no liens have been filed; and release the Faithful Performance Bond in one year if no defects have been found. Item 8. Approval of the proposed Construction Budget for the Zone 6 Transmission Pipeline in the amount of $99,990.00, to meet the reimbursement obligations for this project, Job No. 8839. Item 9. Approval of payment to The William Lyon Company in the amount of $16,792.00 for the reimbursement of construction cost for the Water Transmission facilities installed within Tract 9959, Job No. 1065. Item 10. Approval of $100.00 honorarium to Lisa Iwata and Mark Pedicone for speaking at "Xeriscape-Yorba Linda" seminar May 5th. PRESENTATION Item 11. Presentation by Larry Kraemer, Director, Orange County Water District. Mr. Kraemer was not present to make a presentation. Director Cromwell arrived at this time. DISCUSSION CALENDAR Item 12. Consideration of agreement between Yorba Linda Water District and Converse Consultants West to provide geotechnical investigations for a proposed buried concrete reservoir within Brighton Homes Annexation Area. Engineering Manager Mike Payne reported that proposals had been solicited from consultants to undertake the geotechnical investigations for the future reservoir to serve the Brighton annexation. Two proposals were received: Converse Consultants West: $25,500 and ICG Incorporated: $26,500. On a motion by Director Armstrong and seconded by Director Cromwell, the Board of Directors voted 5-0 to approve an agreement with Converse Consultants West in the amount of $25,500.00; and authorized the President and Secretary to execute the agreement. Item 13. Status report on the violation of the Terms and Conditions for Water and Sewer Service: Leasure Enterprises, 5990 Richfield Road, Yorba Linda. Engineering Manager Mike Payne reported that on April 26, 1990 the staff had discovered that Mr. Harold Leasure had graded approximately 50% of his property and had placed 12 to 20 feet of dirt over portions of the District's existing 26" transmission water main, 4" water main and 8" sewer main which traverse the property. The grading violated the terms and conditions for water and sewer service approved by the Board of Directors on July 13, 1989 for the project. Mr. Leasure was required to submit for grading plans for plan check Page May 17, 1990 but had not done so. Mr. Leasure was required to obtain the District's approval prior to grading the property over`the District's facilities but did not do so. The District verbally informed Mr. Leasure of the terms and conditions violation and sent a certified letter to his home stating that fact and posted a violation notice on the project site. The construction water meter at the site was removed by the District. Additionally, water and sewer service for the project was suspended. The District requested and received a "Stop Work" order from the City of Yorba Linda on the project because the grading created an immediate and substantial risk of damage to and/or failure of the water and sewer lines. The resulting facility failures could cause property damage, the complete shut down of water and sewer service to substantial areas and the contamination of the surrounding area. Permitting this condition to remain constituted a serious hazard to the public's health, safety and welfare. At the time of the District's request to the City, it was also discovered that Mr. Leasure did not have a valid grading permit from the City of Yorba Linda. Mr. Payne presented a timeline of the events leading to the violation and showed maps and photographs of the project. Mr. Payne informed the Board that on May 16, 1990 Mr. Leasure called in to the District to report a leak in the 4" water line on his property. Further investigation showed that the line was damaged by Mr. Leasure's grading operations thus providing direct evidence of the problems associated with his grading. Mr. Harold Leasure addressed the Board and explained that he disputed the District's easement for the 4° water main. He admitted hitting the water main with a "cat" during grading. Mr. Leasure stated that he had an approved grading plan approved by the City prior to the District setting the terms and conditions for his project. He said he received a notice of the Board meeting at which the terms and conditions were to be approved but he stated that the actual document was not attached. Mr. Leasure stated he did not attend the meeting but did receive a copy of the terms and conditions. Mr. Leasure strongly stated that the District had no right to stop his project and disputed the District's legal basis for doing so. He also objected to the District removing the construction water meter from his project. Art Kidman, Legal Counsel, responded to Mr. Leasure's comments by explaining. the District's property rights in the easements and that the City of Yorba Linda could not grant a license to Mr. Leasure, through a grading permit, that would interfere with the District's rights. He expressed his dismay that Mr. Leasure had placed the District's facilities in a state of danger. General Manager William Workman stated that the District was not opposed to Mr. Leasure developing his property as long as he complied with the approved terms and conditions for the project. He indicated that the District had to take due care in protecting 5 Page i May 17, 1990 the water and sewer facilities in order to avoid liability should they break and cause damage. Mr. Workman said that the City had scheduled a meeting on the grading problem later this same day. The Board of Directors discussed the safety of the 26" water transmission main and explored methods for indemnification. They also discussed the fact that many pieces of undeveloped property on the west side of the District have problems, such as are found on the Leasure property, that have prevented their easy development. On a motion by Director Fox and seconded by Director Cromwell the Board of Directors voted 5-0 to have the staff continue to work with Mr. Leasure and the City of Yorba Linda to insure that the grading of the property complies with the approved Terms and Conditions ' and affirmed the suspension of water and sewer service to the project until the problems are resolved. Item 14. Report on Water Main Break at Weir Canyon Road north of La Palma Avenue in the City of Anaheim. Engineering Manager Mike Payne provided pictures and a report on an 18" water transmission main in Weir Canyon Road that failed. The repair took several days and was complicated by the lack of support from the City of Anaheim. The Board discussed the cause of the failure, the cost of the repair, the refusal of Anaheim to permit a connection to the Savi project and the District's insurance coverage. The Board asked that the staff report back to the Board on the District's insurance coverage. Item 15. Consideration of a date for the Annual Board of Directors Facilities Tour. Mike Payne, Engineering Manager, suggested that May 31st be the date scheduled for the Board of Director's annual facilities tour. After a brief discussion by the Board, the tour was scheduled for May 31, 1990. CLOSED SESSION President Korn directed the Board into closed session to discuss labor relations. Upon return from closed session, General Manager William Workman reported that the Board had provided him with direction regarding the negotiations underway with the employees. Item 16. Consideration of the Proposed District Five Year Plan. William Robertson, Assistant General Manager, presented the proposed District Five Year Plan. The document describes the plan for the next five years relative to the programs, activities and financial outlook of the District. It also highlighted the District's recent accomplishments. The Board asked that the anticipated eastside wells, the Shell property and the extension of Bastanchury Road be added as a Plan addendum. On a motion by Director Armstrong and seconded by Director Fox the Board of Directors voted 5-0 to accept the 1990-91 District Five Year Plan. Page 2OW -)--''=I,-a May 17, 1990 1. Item 17. Report on South Coast Air Quality Management District's proposed rules regarding stationary engines. William Robertson, Assistant General Manager, described the problems with the South Coast Air Quality Management District's proposed rules that would force water agencies to convert from stationary internal combustion engines to electric motors. He also presented information on an alternative rule developed by ACWA that would reduce emissions but be less costly and permit continued use of internal combustion engines by water agencies. On a motion by Vice President Knauft and seconded by Director Armstrong, the Board of Directors voted 5-0 to send a letter to AQMD supporting ACWA's position to modify proposed rules regarding stationary engines. A note of thanks was requested to be sent to John Hennigar and ACWA for their action to date on the matter. GENERAL MANAGER'S REPORT Item 18. General Manager's oral report and comments. General Manager William Workman reported on the completion of the draft Brighton annexation agreement, the Fiesta Days Parade, the television coverage of the Xeriscape Conference and a proposed amendment to the 1989 Water Service Agreement. LEGAL COUNSEL'S REPORT Item 19. Report on the Legal Foundation for Emergency Measures related to the Drought. Art Kidman, District General Legal Counsel, presented a report on the authority to enact and enforce water conservation and water shortage emergency programs. Mr. Kidman described the broad statutory authority, under the County Water District Law and the Water Code, to enact regulations and ordinances which the Board deems to be necessary for the conservation of water when it is determined that there is an existing or threatened water shortage. He recommended that the Board review the legal opinion and provide guidance concerning the type of program it desires to implement. The Board discussed the drought conditions and the work of the Public Information Committee on the issue. The Board was informed that the issue will be scheduled for action at a future meeting. STANDING COMMITTEE REPORTS Item 20. No Executive-Administrative-Organizational Committee meeting report was scheduled. Item 21. No Finance-Accounting Committee meeting report was scheduled. Item 22. Authorization for Payment of Bills. On a motion by Director Knauft and seconded by Director Armstrong, the Board of Directors voted 5-0 to approve payment of bills and rate deposits in the amount of $258,375.17 on Check Nos. 20017, 20018, 5007 through 5019, 5025 through 5065 and 5108 through 5154, and Payroll Check Nos. __;i1q-7 Page. May 17, 1990 5057 through 5110 and one wire, dated May 30, 1990 to ACWA in the amount of $13,624.57. In addition, a retention payment to F.T. Ziebarth in the amount of $89,970.90 dated May 11, 1990 which was approved March 8, 1990. Item 23. Report on Personnel Committee meeting of May 3, 1990. The Committee said it discussed labor relations. Item 24. Report on Planning-Engineering-Operations Committee meeting of May 3, 1990. The Committee reported on the Brighton Annexation, the William Lyon pipeline repair, the proposed AQMD emission rules, the Leasure grading problem, an amendment to the 1989 Water Service agreement, the status of eastside wells, emergency repairs to the Weir Canyon pipeline and the proposed Five-Year Plan. Item 25. Report on Public Information Committee meeting of May 15, 1990. The Committee reported on the extensive discussions held regarding the drought and the District's response under level 3 and level 4 of the Urban Water Management Plan. INTERGOVERNMENTAL MEETINGS Item 26. Report on MWDOC Adjourned meeting, April 30. Vice President Knauft reported that nothing of significance to the District was discussed. Item 27. Report on City Council meeting, May 1. Director Cromwell said two story homes was the main issue discussed. Item 28. Report on MWDOC meeting, May 2. Vice President Knauft reported that nothing of significance to the District was discussed. Item 29. Report on OCWD meeting, May 2. No Director was present for the meeting. Item 30. Report on WACO meeting, May 4. Vice President Knauft stated that the current drought was the topic of discussion. Item 31. Report on CSDA Conference, May 7-8. President Korn reported on the CSDA Lobby Day activities. Item 32. Report on Planning Commission, May 9. Director Cromwell explained several developments that were under consideration. Item 33. Report on ISDOC meeting, May 9. Director Cromwell said no meeting was held this month by ISDOC. Item 34. Report on ACWA Conference, May 9-11. President Korn discussed the variety Page-2W A` May 17, 1990 of programs and activities at the ACWA Conference. Item 35. Report on CSDA meeting, May 11. President Korn reported that there was nothing of significance to report. Item 36. Report on City Council meeting, May 15. No Director was present for the meeting. Item 37. Report on MWDOC meeting, May 16. Vice President Knauft reported that nothing of significance to the District was discussed. Item 38. Report on OCWD meeting, May 16. Director Fox said the major focus of the meeting was on the work of SAWPA. BOARD MEMBER COMMENTS Item 39. Director Armstrong: Director Armstrong discussed the ACWA Field Poll, relations with Senator Hill and clean-up of toxic spills. Item 40. Director Cromwell: Director Cromwell had no comments. Item 41. Director Fox: Director Fox had no comments. Item 42. Vice President Knauft: Vice President Knauft had no comments. Item 43. President Korn: President Korn had no comments. BOARD OF DIRECTORS ACTIVITY CALENDAR The Board deferred until the next meeting any new Board assignments. ADJOURNMENT On a motion by Vice President Knauft and seconded by Director Fox, at 12:47 p.m. the Board of Directors voted 5-0 to adjourn the meeting to May 31, 1990, 8:30 am at the District Headquarters. William P. Workman General Manager/Secretary