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HomeMy WebLinkAbout1989-02-09 - Board of Directors Meeting MinutesPage 2297 February 9, 1989 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 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., February 9, 1989, in the District offices at 4622 Plumosa, Yorba Linda. Directors present were: Paul Armstrong, Sterling Fox, Roy Knauft and Arthur C. Korn. Also present were: William P. Workman, General Manager, William Robertson, Assistant General Manager, Robb Quincey, Executive Assistant to the General Manager, Mike Payne, Engineering Manager, Cheryl Gunderson, Business Manager, Michael Robinson, Assistant Administrator, Ray Harsma, Operations Superintendent, Jim Van Haun, Public Information Consultant, property owner Fred Kavli, Administrative Assistant Bonnie Mooney, Engineer James Libby, Attorney Mike Cathcart, Project Superintendent Bob Pender, City of Yorba Linda Building Official Ahmad Tabbah and Bob Seeman with James Montgomery Engineers. Whit Cromwell was absent. CONSENT CALENDAR On a motion by Vice President Korn and seconded by Director Armstrong, the Board of Directors voted 4-0 to approve the consent calendar as follows: Item 1. Approval of Minutes - Regular meeting of January 26, 1989. Item 2. Authorization for the Directors to leave the State of California prior to next meeting. Item 3. Approval of releasing the Guarantee Bond for Tract No. 11174 with John D. Lusk and Sons Co. Item 4. Approval of Application to and Agreement for Water Service with Belcanto Associates, a California general partnership By: Woodcrest Development of Orange County Inc., Managing Partner for Tract No. 13233, located north of La Palma and east of Camino De Bryant, Job No. 8805, in the amount of $10,169.00. Item 5. Approval of Application to and Agreement for Water Service with Belcanto Associates, a California general partnership By: Woodcrest Development of Orange County Inc., Managing Partner for Tract No. 13483, located north of La Palma and east of Camino De Bryant, Job No. 8834, in the amount of $9,546.00. Item 6. Approval of Application to and Agreement for Water Service with Belcanto Associates, a California general partnership By: Woodcrest Development of Orange Page 2298 February 9, 1989 County Inc., Managing Partner for Tract No. 13486, located north of La Palma and east of Camino De Bryant, Job No. 8840, in the amount of $11,106.00. Rem 7. Approval of Application to and Agreement for Water Service with Belcanto Associates, a California general partnership By: Woodcrest Development of Orange County Inc., Managing Partner for Tract No. 13487, located north of La Palma and east of Camino De Bryant, Job No. 8841, in the amount of $15,044.00. Rem 8. Approval of Application to and Agreement for Water Service with Hoffman Associates No. 6, C.L.P. a California Limited Partnership, for Lots 11 and 12 of Tract 11662, Job 8846, in the amount of $4,282.00. them 9. Approval of Progress Payment No. 5 to Fred H. Woodard Company, Inc. in the amount of $48,960.00 and also approval of the 16 day time extension for construction of the Chino Hills Reservoir, Job No. 8136. PRESENTATION Item 10. Resolution honoring Jim Van Haun. President Fox presented a resolution to Mr. Jim Van Haun, honoring him for his service as the District's Public Information Consultant. Mr. Van Haun made several parting comments regarding his role with the District and the achievements of the Xeriscape Committee. On a motion by Director Armstrong and seconded by Vice President Korn, the Board of Directors voted 4-0 to adopt Resolution 89-1 honoring Jim Van Haun's service to the District as Public Information Consultant. DISCUSSION CALENDAR Item 11. Request by Mr. Kavli to appeal the staffs administrative decision not to allow building closer than 7.5' of the District's 20" transmission water main. Engineering Manager Mike Payne reported that Building #5 of the Packing House project, located on Yorba Linda Boulevard, was being constructed in a manner that endangered the District's 20" water transmission main crossing the property. Mr. Payne presented the following chronology of events: November 13. 1980 - District and Mr. Kavli agree to removal of blanket easement and substitute a 20' (12'6" - 7'6") easement. January 25. 1988 - District requested a full set of plans for the Packing House project which was received except for Building #5. December 22. 1988 - District meets with project superintendent and contractor to discuss findings by surveyor regarding location of water main and Building #5. January 19. 1989 - District tells project engineer and project administrative assistant that the Building #5 location to the water main was unacceptable. Page 2299 February 9, 1989 January 20, 1989 - Project personnel obtain building permits for Building #5. January 25, 1989 - District meets with Mr. Kavli and tells him that the Building #5 location to the water main was unacceptable. Mr. Kavli requests Board appeal. February 3. 1989 - District observes construction in vicinity of water main. P.O.E. Committee is informed. District issues notice of violation. February 4, 1989 - District makes site inspection confirming Building #5 location adjacent to water main. February 6, 1989 - Project construction continues unabated. District negotiates with Mr. Kavli's representative. February 7, 1989 - City issues "Stop Work" order for project based on peril to public health, safety and welfare. February 8. 1989 - Negotiations with Mr. Kavli's representative continue. February 9. 1989 - Appeal to Board of Directors regarding location of Building #5 and the District's water main. Mr. Payne indicated that the actions taken by the District have been done to protect the public's health, safety and welfare. Over 1,900 customers would lose service if a break occurred in the water transmission main at this location and up to a million dollars in damage could result. He showed a map outlining the area that would be effected by an outage. Also presented was a diagram that showed Building #5 to be constructed within 38" of the water transmission line at its closest point. President Fox requested District Counsel Art Kidman's comments with regard to the issue and the negotiations currently underway. Mr. Kid man noted the District's concern that all work stop with respect to the Kavli Building in question until such time that the engineering and design work have been reviewed. He noted that the District requires some assurance that the building has been built to specifications, and that it does not in any way affect the stability of the 20' water main, and the ability to maintain or otherwise gain access to the main. Attorney Kid man also expressed concern about the accuracy of the existing easement that affects this property, an appropriate allocation of liability in the event that any damage is made to the water main, and concluded by recommending that the District be made whole in having to deal with the costs related to this problem. He stated that he would reserve any further comments until the closed session of the Board meeting convenes, at which time potential litigation would be discussed. President Fox asked Mr. Kavli for his testimony. Mr. Kavli stated that he in no way Page 2300 February 9, 1989 attempted to place the District's water main in peril, nor was it his intent to create an undue nuisance or problem regarding this project. He stated that Building #5 was engineered and constructed in a way that the footings were extended to a level lower than the water main so that any "loading" that might occur from the location of the building would be to the ground under the pipe and not on the pipe itself. Mr. Kavli also stated that he felt the recently enacted Stop Work Order was fueled by emotion on behalf of the District's staff. He stated that it was the desire of his group to amicably resolve this problem without the necessity of litigation, and that he would to the extent possible cooperate completely with the appropriate resolution to the issue at hand. Mr. Kavli concluded his comments by again stating that the footings of Building #5 were constructed in such a way that they themselves, nor the building in question would place no additional stress on the District's 20" water main. He then asked his Contract Engineer Mr. James Libby to make a statement relative to this issue. Mr. Libby reaffirmed the existence and placement of the cement footings described by Mr. Kavli, and summarily stated that while the placement of the building relative to the pipe line was unfortunate, he believed that there should be plenty of pipeline access room even in the three spots of which the building encroaches upon the easement. Kavli Attorney Mike Cathcart spoke next, and disseminated information to the Board regarding the original easement and agreement between Mr. Kavli and the District. Mr. Cathcart maintained that his client felt that the Stop Work Order that the City placed on this project was invalid. Mr. Cathcart stated that it was not the intent of Mr. Kavli to place the public or the District's water line in jeopardy as a result of their building; and quite to the contrary, he felt that the placement of cement footings relative to the pipe line would potentially strengthen the line. He stated that the District, and not the Contractor on this project, had harmed the pipe while in the process of locating the line.. Mr. Cathcart concluded by requesting that the issue be dealt with in an amicably agreed upon manner, and that emotion relative to this issue should be minimized as he felt that it contributed to the overall problem. President Fox adjourned the meeting into closed session at approximately 9:35 a.m. to discuss the possibility of litigation relative to this matter. At 10:40 a.m. President Fox reconvened the Board meeting, and asked District Counsel Art Kidman to summarize the results of the Closed Session. Mr. Kidman reported that the staff is directed to continue to work with Mr. Kavli in an amicable solution to the problem; the Stop Work Order is to be in full force and enforced until such a time that the District, through it's representative General Manger Workman, is satisfied that the problem has been corrected; and the District is to be made whole for the legal costs expended as a result of this issue. Attorney Kidman also recommended that a Reformation of Easement be undertaken to accurately identify the location of the water pipe relative to the building in question, and that the agreement between Mr. Kavli and the District be reviewed relative to the allocation of liability. On a motion by Director Armstrong and seconded by Director Knauft, the Board Page 2301 February 9, 1989 of Directors voted 4-0 to approve the recommendations of the District Counsel as presented. Item 12. Consideration of Resolution 89-2, proposing Annexation 88-1 to the Yorba Linda Water District. Engineering Manager Mike Payne explained that Covington Technologies has requested that their property located south of Buena Vista Avenue and east of Van Buren Street, be annexed to the Yorba Linda Water District. He explained that the project is consistent with the land use plan for this area and the City of Yorba Linda has reviewed the plan and has filed a Negative Declaration on the project. Mr. Payne explained that on October 19, 1989, the Finance Committee reviewed the current District Annexation policy with regard to this request, and for the time being, they requested that staff handle this annexation pursuant to existing District policy. Mr. Payne stated that if the Board were to approve the resolution, it then would be provided to LAFCO for their consideration. He briefly reviewed the annexation costs involved and answered several Board questions concerning sewers and annexation charges for future annexations. On a motion by Director Knauft and seconded by Director Armstrong, the Board of Directors voted 4-0 to adopt Resolution 89-2 proposing Annexation 88-1 to the Yorba Linda Water District pursuant to Government Code 56195 and consenting to zero tax exchange on Annexation 88-1 to the Yorba Linda Water District. Item 13. Consideration of revisions to the 1978 Water Facilities Plan pertaining to Capital Facilities within Improvement District No. 2. Engineering Manager Mike Payne stated that the District's 1978 Water Facilities Plan was designed to be used as a planning tool to guide construction of District facilities. As a result of the development approved for eastern Yorba Linda, an update to the Plan was needed. Mr. Payne explained that plan revisions were based on meetings with developers and Tentative Tract Maps that were approved for Improvement District No. 2. He briefly reviewed the proposed capital facilities, their location and their estimated costs. After a general discussion by the Board of Directors, on a motion by Director Armstrong and seconded by Vice President Korn, the Board of Directors voted 4-0 to approve the 1989 update to the 1978 Water Facilities Plan for that portion within Improvement District No. 2. Item 14. Report on the Zone 4 Terminous Reservoir and Zone 5 Booster Station Project. Mr. Payne, Engineering Manager, updated the Board regarding the status of the Zone 4 Reservoir, and stated that the staff has completed the environmental impact checklist for the construction and use of the Zone 4 Reservoir and Booster Station Project. Mr. Payne noted that the Engineering staff is recommending that the Board of Directors make a determination that a Negative Declaration will be filed for this project. Additionally, staff was requesting that the Board authorize them to seek proposals from prequalified Page 2302 February 9, 1989 engineering consultants for the engineering work on this project, and to seek proposals to conduct additional soils studies of the site. Mr. Payne stated that the P.O.E. Committee reviewed this matter at their meeting of February 3, 1989, and that the project will be funded by Improvement District No. 2 General Obligation Bonds. Mr. Payne asked Mr. Si Jones from the Placentia School District to address the Board. Mr. Jones stated that the School District is desirous of building a new school in the area that would potentially be affected by the Reservoir and Booster Station in question. He stated that in order to gain State of California approval to build such a school site, it is necessary to have the District issue a determination that the potential school site would remain unaffected from flooding in the event of a natural disaster affecting the Terminous Reservoir. Mr. Jones stated that the State of California is very particular about the sites that it authorizes schools to be built for the obvious reasons of the responsibilities surrounding the care and education of children. He asked if it would be possible for the District to issue such a determination or letter to the State so as to move forward their school plans. After a general discussion, it was concluded that no such determination could be be provided other than the Negative Declaration for the project. The Board directed the staff to work with Mr. Jones and jointly meet with the State of California to provide whatever information that is available to help the School District. On a motion by Director Knauft and seconded by Vice President Korn, the Board of Directors voted 4-0 to determine that the Zone 4 Terminous Reservoir and Booster Station Project will not have a significant effect in this case because the mitigation measures described on the checklist have been added to the project, and that a Negative Declaration will be prepared; authorize the request of proposals from the list of prequalified engineering consultants for the engineering design of the reservoir and booster station; and authorize staff to obtain proposals for additional soil studies of the reservoir site at an estimated cost of $10,000.00 them 15. Consideration of request from Water Education Foundation for funding support. Assistant Administrator Mike Robinson briefly stated that the Water Education is a non-profit organization with four full time employees, which produce water-related publications such as the "Western Water" magazine on a bimonthly basis, "Layperson's Guides" to various water related-issue, school education programs, teacher workshops and business briefings, and tours of the Bay\Delta area. Mr. Robinson explained that the Foundation requested a contribution of $100.00 from the Yorba Linda Water District but no funds have been approved for such purposes in the 1988-89 Budget. After a general discussion about the benefits provided by the Foundation's work, on a motion by Vice President Korn and seconded by Director Knauft, the Board of Directors voted 4-0 to approve a contribution of $250.00 to the Water Education Foundation. Page 2303 February 9, 1989 Item 16. Consideration of Orange County Water District's request to send a letter to State Senator Bergeson in support of OCWD's District Act Modifications. Assistant Administrator Robinson explained to the Board of Directors that the Orange County Water District has recently begun efforts to modify it's enabling act through a bill in the State Senate. Mr. Robinson explained that OCWD is asking affiliated water districts to support this action by sending a letter of support to Sate Senator Marian Bergeson, who is also the Chairwoman of the Senate Local Government Committee. Mr. Robinson briefly reviewed the major changes proposed, and stated that OCWD feels that the changes are necessary to further protect the quality and quantity of the water in the Orange County ground water basin. After a general discussion regarding the proposed changes and how they potentially affect the Yorba Linda Water District, on a motion by Director Knauft and seconded by President Fox, the Board of Directors voted 3-0 to receive and file the request from the orange County Water District. Director Korn left the Board meeting at 11:35 a. m. to attend a CS DA Board meeting. Item 17. Consideration of the draft 1989 Annual Report. Assistant Administrator Mike Robinson explained that last year the District published it's first annual report, which was designed to provide specific customer service information and general information concerning the District' s programs and activities. The proposed 1989 Annual Report galley proofs were presented for Board consideration. After a general discussion regarding the Annual Report, including comments about minor changes and the overall positive appearance of the document, on a motion by Director Armstrong and seconded by Director Knauft, the Board of Directors voted 3-0 to approve the publication of the 1989 Annual Report. The Board also asked that the Dual Use Reservoir be renamed as Santiago Reservoir. GENERAL MANAGER'S REPORT Item 18. No General Manager's report scheduled; however, Mr. Workman did remind the Board that another closed session of the Board would be held to discuss personnel and labor relations items. LEGAL COUNSEL'S REPORT Item 19. 1988 Legislative Report. District Counsel Art Kidman briefly reviewed the 1988 Legislative Review, with an emphasis on laws regarding agency publications, asbestos notification, standby assessments, sewer charges and utility service termination. STANDING COMMrR FE REPORTS Item 20. No Executive-Administrative-Organizational Committee meeting report scheduled. Item 21. No Finance Committee meeting report scheduled. Page 2304 February 9, 1989 Item 22. Authorization for Payment of Bills. On a motion by Director Knauft and seconded by President Fox, the Board of Directors voted 3-0 to approve payment of bills and rate deposits in the amount of $508,393.38 on Check No. 16556, Payroll Check Nos. 2770 through 2830 and one wire dated February 14, 1989 to MWDOC in the amount of $99,670.93. Item 23. Report on Personnel Committee meeting of February 2, 1989. President Fox indicated that the Engineering Department workload, health benefits and the General Manager's evaluation were topics reviewed at the meeting. Item 24. Planning-Operations-Engineering Committee meeting of February 3, 1989. Briefly, President Fox said that the following issues were reviewed: Packing House Development; D1-02 meter; Water Facility Plan update; ID #2 Agreement; Zone 4 Reservoir and Rhoads-Ewing Development. Item 25. Public Information Committee meeting of February 1, 1989. President Fox noted that the minutes of this meeting showed discussion regarding the Plant No. 1 Open House, scheduled tours, a special agricultural water user newsletter, bill stuffing policy, Xeriscape Conference and 1989 Annual Report. INTERGOVERNMENTAL MEETINGS Item 26. No report was made on the OCWD meeting of February 1, 1989. Item 27. Report on MWDOC meeting of February 1, 1989. Director Knauft briefly reported that new officers have been installed at MWDOC, and that currently one director position is open at both MWDOC and MWD. Item 28. Report on WACO meeting of February 3, 1989. Director Knauft reported that a local citizen has been appointed to the State Water Resources Control Board. He also reported that WACO staff' has been requested to reassemble the Preliminary Report concerning the Bay\Delta area and the water impacts. Item 29. Report on City Council meetirig of February 7, 1989. President Fox reported that most of the meeting focused on citizens concerned about park development and an AQMD report on the quality of air in the area. CLOSED SESSION President Fox directed at 12:05 p.m. that the Board enter closed session to discuss personnel and labor relations matters. Upon returning from closed session at 12:30 p.m. General Manager William Workman stated that the Board discussed a personnel matter and labor relations matter and that direction was provided to the staff. Page 2305 February 9, 1989 ADJOURNMENT On a motion by Director Armstrong and seconded by Director Knauft, the Board of D i rectors voted 3-0 to adjourn the meeting at 12:32 p.m. I WAZO P. ' William P. Workman General Manager/Secr LI