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HomeMy WebLinkAbout2021-03-01 - YLWD-City of Yorba Linda Joint Agency Committee Meeting Agenda PacketAGENDA YORBA LINDA WATER DISTRICT YLWD/CITY OF YORBA LINDA JOINT AGENCY COMMITTEE MEETING Monday, March 1, 2021, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1.TELECONFERENCE INFORMATION In an effort to help mitigate the spread of Coronavirus (COVID-19), the District will be facilitating participation in this meeting via teleconference pursuant to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California on March 17, 2020. Information for accessing this meeting is provided below. Public comment related to items on this agenda or other matters within the District's jurisdiction will be facilitated on the teleconference or can be submitted in writing via e-mail to the Board Secretary (bodsecretary@ylwd.com) at least two (2) hours prior to the start of the meeting. If you choose to submit comments via e-mail, please identify the agenda item you wish to address. Your comments will be shared with the Board prior to the meeting. For questions regarding participation please call 714-701-3020. Computer/Mobile Device: https://zoom.us/j/91744327952/ Telephone: 669-900-6833 or 346-248-7799 Meeting ID: 917 4432 7952 2.CALL TO ORDER 3.PLEDGE OF ALLEGIANCE 4.ROLL CALL 5.PUBLIC COMMENTS Any individual wishing to address the Board or Committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to three minutes and must be related to matters of public interest within the jurisdiction of the Water District. (GC 54954.3) 6.ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board or Committee discussions are needed prior to formal action. 6.1.Minutes of the YLWD/City of Yorba Linda Joint Agency Committee Meeting held July 27, 2020 Recommendation: That the Committee approve the minutes as presented. 7.DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board or Committee at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking advice and counsel. Time permitting, it is generally in the District’s interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 7.1.Draft Memorandum of Understanding Between YLWD and City of Yorba Linda 7.2.Acquisition of Real Property and Easements Adjacent to YLWD Little Canyon Reservoir and Timber Ridge Booster Pump Station Page 1 of 13 7.3.Proposed Property Transfer Near YLWD Hidden Hills Booster Pump Station in Exchange for Water Filling Stations in City of Yorba Linda 7.4.Status of Per- and Polyfluoroalkyl Substances (PFAS) Water Treatment Plant 7.5.Status of Housing Developments (Proposed and In-Progress) 7.6.Formation of Sewer Assessment/Community Facilities Districts 7.7.Coronavirus Mitigation Efforts, Vaccine Distribution, and Reopening of Community Facilities 7.8.Pending and Recently Chaptered Water Related Legislation 7.9.Future Meeting Date and Agenda Items 8.ADJOURNMENT 8.1.The date and time of the next YLWD/City of Yorba Linda Joint Agency Committee meeting is yet to be determined. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting Prior to the Governor’s ‘Stay-at-Home’ Executive Orders regarding COVID-19, non-exempt materials related to open session agenda items that were distributed to a majority of the Board of Directors or Committee Members less than seventy-two (72) hours prior to the meeting were made available for public inspection in the lobby of the District’s Administrative building during regular business hours and posted on the District’s website shortly thereafter (GC 54957.5). As the District’s lobby has been closed to the public in accordance with the Governor’s Executive Orders and to help mitigate the spread of COVID-19, staff will make these materials available on the District’s website (https://ylwd.com/) as soon as possible following receipt. Accommodations for the Disabled Requests for disability-related modifications or accommodations, including auxiliary aids or services, required for participation in the above posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 2 of 13 YLWD/CC Joint Advisory Committee Minutes July 27, 2020 Page 1 of 3 CITY OF YORBA LINDA Land of Gracious Living YORBA LINDA WATER DISTRICT/ CITY COUNCIL JOINT ADVISORY COMMITTEE MEETING MINUTES July 27, 2020 4:00 p.m. 1.TELECONFERENCE INFORMATION In an effort to help mitigate the spread of Coronavirus (COVID-19), the Committee will be facilitating participation in this meeting via teleconference pursuant to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California on March 17, 2020. Information for accessing this meeting is provided below. Public comment related to items on this agenda or other matters within the District or City’s jurisdiction will be facilitated on the teleconference or can be submitted in writing via e-mail to the Board Secretary at bodsecretary@ylwd.com by 2:00 p.m. on Monday, July 27, 2020. If you choose to submit comments via e-mail, please identify the agenda item you wish to address (if applicable). Your comments will be shared with the Committee prior to the meeting. For questions regarding participation please call 714-701-3020. Computer/Mobile Device: https://zoom.us/j/99178023172 Telephone: 669--900--6833 or 253--215--8782 Meeting ID: 991 7802 3172 2.CALL TO ORDER The Yorba Linda Water District/City Council Joint Advisory Committee meeting convened at 4:04 p.m. 3.PLEDGE OF ALLEGIANCE Mayor Pro Tem Gene Hernandez 4.ROLL CALL Committee Members City Council: Beth Haney, Mayor Page 3 of 13 YLWD/CC Joint Advisory Committee Minutes July 27, 2020 Page 2 of 3 Gene Hernandez, Mayor Pro Tem Water District: Phil Hawkins, President Brooke Jones, Director 5.PUBLIC COMMENTS None 6.ACTION CALENDAR 6.1 Minutes of the YLWD/City Council Joint Advisory Committee meeting held on April 20, 2020. The YLWD/City Council Joint Advisory Committee approved the minutes of the April 20, 2020 meeting. 7.DISCUSSION ITEMS 7.1 Pending and Recently Chaptered Water Related Legislation Director of Public Affairs Pasquale Talarico, said the District is monitoring AB 1916 and AB 4241 as well as the Clean, Safe, and Reliable Drinking Water bill and there were no updates as of now. 7.2 Strategies for Addressing Per- and Polyfluoroalkyl Substances (PFAS) Engineering Manager Rosanne Weston announced that the Water District received a schedule for the design and construction of a PFAS treatment plant to be built at regional headquarters with an approximate date of completion of July 2021. Upon inquiry from Mayor Beth Haney, Ms. Weston responded that the estimated cost was $33,000,000 - $35,000,000. General Manager Brett Barbre said it will be the largest PFAS treatment plant in the country. 7.3 Formation of Sewer Assessment/Community Facilities Districts Engineering Manager Weston introduced new Assistant General Manager, Doug Davert, who was recently hired by the District and has expertise with forming sewer assessments and Community Facilities Districts (CFD). Mr. Doug Davert spoke on his previous experience with the process and gave a brief overview of a past sewer connection project in which he participated. John Koeller, resident on Sandra Drive, said he would like to meet with Mr. Davert in the near future and said that this project will require marketing and communication with residents. Page 4 of 13 YLWD/CC Joint Advisory Committee Minutes July 27, 2020 Page 3 of 3 7.4 Proposed Property Transfer Near YLWD Hidden Hills Booster Pump Station in Exchange for Water Filling Stations in City of Yorba Linda General Manager Barbre introduced the item and said the District would like to make improvements to the Hidden Hills Booster Pump Station in compliance with America's Water Infrastructure Act (AWIA): Risk Assessments and Emergency Response Plan requirements. In particular, the District would like to construct an 8-foot wall consistent with AWIA and District standards at the back of the existing sidewalk on Hidden Hills Road. General Manager Barbre stated that the District is proposing to install water filling stations around the City in place of the use of construction water meters. This would result in a water cost savings for the City and also would comply with District standards. Operations Manager John DeCriscio provided a PowerPoint presentation on the water filling stations including construction meters costs, existing construction meters, existing irrigation connections, and the potential charges. A discussion ensued among committee members and staff regarding drafting a formal proposal and MOU, bringing the matter before the full City Council and expediting the process. Director Brooke Jones added that this project brings additional safety and is of great benefit to the residents. 7.5 Future Meeting Date and Agenda Items The Committee agreed to meet again on October 26, 2020 at 4:00 p.m. No additional items for the next Agenda were discussed. 8.ADJOURNMENT 8.1 City Manager Mark Pulone adjourned the meeting at 4:38 p.m. to the next Yorba Linda Water District/City of Yorba Linda Joint Agency Committee meeting on October 26, 2020 at 4:00 p.m. Page 5 of 13 MOU Between YLWD and City of Yorba Linda 1 of 5 MEMORANDUM OF UNDERSTANDING BETWEEN YORBA LINDA WATER DISTRICT AND CITY OF YORBA LINDA THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this _______ day of March, 2021, by and between the YORBA LINDA WATER DISTRICT, a local public agency, created and operating under authority of Division 12 of the California Water Code ( “YLWD”) and the CITY OF YORBA LINDA, a local municipality (“City”) (collectively referred to as “Parties” or individually as a “Party”). WHEREAS, YLWD and City have a long history of mutual courtesy, cooperation, and accommodation as demonstrated in, among other things, multiple mutually beneficial agreements including but not limited to agreements dated October 3, 1977, June 6, 1983, and the Public Sewer Transfer Agreement dated April 27, 2011, among others; and WHEREAS, nothing in this MOU is intended to terminate or otherwise impact any other agreements or arrangements between the Parties unless specifically outlined herein; and WHEREAS, YLWD and City desire to continue to work together with a heightened spirit of courtesy, cooperation, and accommodation and a recognition that the Parties each serve largely the same population and community; and WHEREAS, both Parties anticipate future and current projects that may affect the other which underscores the need for the Parties to work together for the benefit of the community they jointly serve; and WHEREAS, the Parties desire to set forth certain practices, protocols, and procedures to reach mutual understanding on the issues set forth below, streamline each Party’s projects, minimize delays, and resolve in advance any questions regarding permitting, fees, and approvals to the extent possible. NOW, THEREFORE, in consideration of the matters recited above, the Parties hereby commit to the following: 1. Construction of Water/Wastewater Facilities. The parties each specifically acknowledge the provisions of California Government Code §53091 with respect to the construction of water/wastewater facilities. 2. Coordination of YLWD Projects. YLWD will make every reasonable effort not to disturb recently paved surfaces. YLWD will continue to coordinate with City on planned projects requiring disturbance of paved surfaces and to coordinate paving schedules to consider planned YLWD water and sewer improvement projects. Page 6 of 13 MOU Between YLWD and City of Yorba Linda 2 of 5 3. Coordination of Paving Projects. In order to avoid unnecessary disturbance of paved surfaces, City and YLWD will make best efforts to coordinate paving projects and give YLWD as much advance notice of City paving projects as is reasonably possible such that YLWD would be able to exercise/replace/maintain valves in advance of such projects with the intent to avoid disturbing the pavement for emergency repairs as much as possible. 4. Valve Cans and Manhole Covers. The District agrees to adjust YLWD water valve and sewer manhole covers to grade at their cost for all water valve and sewer manhole covers within City right-of-way or City easements. With respect to projects involving YLWD valve cans and manhole covers, the City will make reasonable efforts to notify YLWD in advance of all paving work (giving as much notice as possible but not less than thirty days) so that YLWD can schedule pre and post inspection of the proposed paving areas. With respect to any adjustments to or new installation of valve cans and manhole covers or other services, the City and YLWD shall reimburse each other for actual labor and material costs incurred for work performed as requested by either party with invoices to be provided in a timely manner. 5. Annual Permit; Inspection; and Remedy for Failed Patching. Annual Permit City will issue an annual permit to YLWD for pavement patching/repair with one permit number to be used on all repair work for the annual permit period starting on July 1st of each year and expiring on June 30th of the following year. YLWD agrees to provide extended slurry in moratorium areas as deemed appropriate by the City Engineer. In areas where the trench repair areas are within 2 feet of adjacent concrete gutter, YLWD agrees to extend limits of the asphalt grind overlay to the nearest concrete edge. Certain intersections/roadway segments as referenced in Exhibit A will be excluded from this MOU and require an individual stand-alone permit due to traffic control concerns that would potentially require a standalone traffic control plan and necessitate additional review time by the City. In addition, night work would be exempt from the annual permit and require an individual permit. Temporary Asphalt Repairs YLWD will provide a list to the City of all new patches from the previous week every Monday for the purpose of inspection. In the event that any temporary YLWD pavement patch should fail, City will notify YLWD of such failure as soon as possible, and YLWD will repair the failure within 24 hours. Permanent Asphalt Repairs Permanent asphalt repairs shall be completed within a reasonable time following completion of the work for any repair work. As a condition of the permit for permanent asphalt repairs, YLWD will submit the following to City for review: 1) location, 2) limit/scope of work, and 3) proposed traffic control prior to YLWD contracting for repair work. City will provide a response and summarize any requirements. YLWD, its contractor(s) and any subcontractor(s) completing such Page 7 of 13 MOU Between YLWD and City of Yorba Linda 3 of 5 repair work shall provide to City and YLWD policies of insurance in an amount and form acceptable to the City that list the City as additional insured. For these permanent asphalt repair locations, YLWD agrees to provide a warranty for any failed patches and/or trenches installed by them or their contractors until such time as the City repaves the street in accordance with its normal paving schedule. However, should pavement failure occur in any previously trenched areas, YLWD agrees to repair regardless of when the trench was installed. YLWD will endeavor to repair any such failed patches and/or trenches within a reasonable time frame. Trench repair areas under the blanket permit will be incorporated into a City GIS layer that has photos and related information geolocated on the layer for this purpose. 6. Plaster Disposal. City will make reasonable efforts to notify YLWD anytime a permit is issued for the construction, repair, rehabilitation, re-plastering, or other activity regarding swimming pools, ponds, fountains, or other features where plaster disposal is required. This excludes re-plaster/re-model work on any existing pool, spa or any water feature less than 18” deep and requiring no electrical and for which no permit is required to be issued. 7. Food Service Establishment. City will make reasonable efforts to notify YLWD anytime a permit or other entitlement is issued for a food service establishment so that YLWD may ensure proper sewer source control of fat, oils & grease. YLWD shall provide to the City and the applicant, their requirements for Fat, Oil and Grease (FOG). Such requirements shall be incorporated into the food service plans prior to building permit issuance. The City shall require written approval from YLWD by way of a signed and dated letter that is emailed to the City and the applicant, prior to completion of plan check and before permit issuance. 8. Fire Sprinklers. City will make reasonable efforts to notify YLWD anytime a permit is issued for fire sprinklers in a structure so that YLWD may ensure that proper backflow prevention is in place. City shall require a signed and dated letter from YLWD that is emailed to the City summarizing their requirements and approval for permit issuance. 9. Easements. City and YLWD each have numerous easements and access rights throughout the City of Yorba Linda. The Parties will each make reasonable efforts to ensure that such easements are not encroached upon by each other or third parties. To accomplish this, the Parties will provide information (i.e., GIS layer[s]) showing the locations of their respective easements for review and consideration relative to City or YLWD projects. This information also will be reviewed prior to issuance of any third-party construction permit(s). When, based on the provided easement information, it is evident that a proposed City or YLWD project would conflict with easements held by either party, the constructing party will confer with the other party to obtain encroachment authorization at the earliest possible timeframe, but prior to commencement of any work on the project that would cause such encroachment. The Parties agree to provide responses to each other’s requests for review and/or for Page 8 of 13 MOU Between YLWD and City of Yorba Linda 4 of 5 encroachment authorization in a timely manner. When, based on the provided easement information, it is evident that proposed third-party project construction would conflict with easements held by either City or YLWD, the permitting agency (either City or YLWD, as applicable) will withhold issuance of applicable permit(s) until such encroachment has been authorized by the easement holder. In such instances, third-party project proponents shall be referred to applicable easement holder (either City or YLWD) to obtain encroachment authorization. Third-party project proponents shall provide written proof of such encroachment authorization by easement holder to permitting agency prior to permitting agency issuance of applicable permit(s). Although the Parties seek in good faith to assist each other with identifying and avoiding potential conflicts with easements held by either Party, each Party ultimately is responsible for preserving its own easement rights. Finally, to facilitate the foregoing efforts, the Parties will make their best efforts to provide up-to-date and accurate information to each other regarding existence and location of respective easements. 10. Waiver of Fees. The Parties each agree to waive any fees for services in connection with any aspect of a Parties’ project, including but not limited to, reviews, permits, inspections, design review, and the like. This does not include charges for water and sewer use/service other than charges waived pursuant to other existing agreements or arrangements between the Parties. Notwithstanding the waiver of said fees, the City and YLWD shall reimburse each other for actual labor and material costs incurred for work performed as requested by either party. The fee waiver herein only applies to public projects of the City or the YLWD and not private projects in which the City or YLWD perform work for a private party or perform work that is a condition on a private development project. 11. Cooperation to Effectuate Projects. The Parties agree to cooperate in the preparation of such permits, plans, surveys, documents, or other materials necessary to effectuate a project. 12. Meet and Confer. In the event that an issue arises that is not contemplated by this MOU, then the Parties agree to meet and confer on such issue and make a good faith effort to resolve the issue at the staff level. 13. Approval of this MOU. The Parties each understand and agree that this MOU shall be subject to the approval of the Board of Directors of YLWD and the City Council of City. 14. Party Ordinances or Policies. Except for Section 10 (Waiver of Fees), this MOU does not amend or supplement any existing or future Party ordinance, policy, or legal requirement that addresses subject matter in this MOU. If any language in this MOU conflicts with language in a Party ordinance or policy, the ordinance or policy shall prevail. 15. No Monetary Damages. The intent of this agreement is to coordinate actions of government agencies serving the same geographic region. In no event shall either Party be entitled to monetary damages of any kind from the other Party, Page 9 of 13 MOU Between YLWD and City of Yorba Linda 5 of 5 including, without limitation, damages for economic loss, lost profits, or any other economic or consequential damages of any kind for any alleged default or breach of this MOU. However, the duty for a Party to indemnify, hold harmless or defend the other Party as required by any permit or other grant of authority by one Party to the other remains valid and is not extinguished by this MOU. 16. Termination. Either Party may terminate this MOU upon 30 days written notice to the other Party addressed to the City Manager/General Manager of the Party at the principal business office of the Party. 17. No Impact on Prior Agreements/Compliance with Law. Nothing in this MOU terminates or otherwise impacts any other agreements or arrangements between the Parties unless specifically included within this MOU. All obligations within this MOU are to be interpreted and undertaken in compliance with all applicable local, state and federal laws. To the extent such local, state or federal laws are amended, this MOU is to be interpreted and obligations undertaken in compliance with such amended laws without need of amending this MOU. YORBA LINDA WATER DISTRICT By By Phil Hawkins, President Brett R. Barbre, General Manager APPROVED AS TO FORM ATTEST By By Andrew B. Gagen, Esq., General Counsel Annie Alexander, Board Secretary Kidman Gagen Law LLP CITY OF YORBA LINDA By By Peggy Huang, Mayor Mark Pulone, City Manager APPROVED AS TO FORM ATTEST By By Todd Litfin, Esq., City Attorney Marcia Brown, City Clerk Rutan & Tucker LLP Page 10 of 13 1,000’ FROM EACH CORNER OF TRIANGLE AT IMPERIAL, VALLEY VIEW, AND BASTANCHURY1,000’ FROM EACH CORNER OF TRIANGLE AT IMPERIAL, YORBA LINDA BLVD., AND LAKEVIEWEXHIBIT APage 1 of 3Page 11 of 13 1,000’ FROM INTERSECTION OF YORBA LINDA BLVD. AND FAIRMONT1,000’ FROM INTERSECTION OF YORBA LINDA BLVD. AND VIA DE LA ESCUELAEXHIBIT APage 2 of 3Page 12 of 13 1,000’ FROM INTERSECTION OF FAIRMONT BLVD. AND BASTANCHURY1,000’ FROM INTERSECTION OF FAIRMONT BLVD. AND BASTANCHURYEXHIBIT APage 3 of 3Page 13 of 13