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HomeMy WebLinkAbout2021-06-08 - Board of Directors Meeting Minutes 2021-040 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, June 8, 2021, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. TELECONFERENCE INFORMATION As noted on the agenda, this meeting was facilitated via teleconference pursuant to Paragraph 3 of Executive Order N-29-20 issued by the Governor of California on March 17, 2020. 2. CALL TO ORDER The meeting was called to order at 6:34 p.m. 3. PLEDGE OF ALLEGIANCE President Hawkins led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Brett R. Barbre, General Manager J. Wayne Miller, PhD, Vice President Doug Davert, Assistant General Manager Trudi DesRoches Delia Lugo, Finance Manager Brooke Jones Rosanne Weston, Engineering Manager Tom Lindsey Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary Paige Appel, Budget Analyst Veronica Ortega, Executive Assistant ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA None. Minutes of the YLWD Board of Directors Regular Meeting Held June 8,2021 at 6:30 p.m. 1 2021-041 6. PUBLIC COMMENTS Ben Peralta, resident, spoke against the proposed rate schedules and charges to be considered during the public hearing. 7. PUBLIC HEARING 7.1. Proposed Water and Sewer Rate Schedules and Charges, and Collection of Capital (Finance) Charges on Property Tax Roll President Hawkins reviewed the purpose of the hearing, the process for submitting and tabulating written protests, and the District's associated public outreach efforts. President Hawkins then opened the public hearing at 6:43 p.m. and explained that the process of opening and tabulating written protests could be observed on Zoom during the General Manager's upcoming presentation. General Manager Barbre presented the Board with verification of the Notice of Hearing which was mailed to all 29,149 parcels within the District's service area as identified by the Orange County Auditor-Controller Property Tax Unit, as well as all District customers of record. He then then provided an overview of the Rate Study Report covering FYS 2022-2026 and the proposed rates and charges for FY 2022. President Hawkins then opened the meeting for public comment. The following residents spoke against the proposed rate schedules and charges: Mike Collins, Bill Amend, Steve Vartanian, and Al Nederhood. General Manager Barbre reported that no additional written protests were submitted after the start of the public hearing and that staff was still in the process of tabulating those previously received. President Hawkins then closed the public hearing at 7:17 p.m. To allow additional time for the tabulation process, the Board determined to temporarily suspend consideration of Item Nos. 7.1. through 7.3. and address other items on the agenda beginning with the Consent Calendar. 8. CONSENT CALENDAR Director Jones requested to remove Item No. 8.5. from the Consent Calendar for separate action. Director Jones made a motion, seconded by Director Miller, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held June 8,2021 at 6:30 p.m. 2 2021-042 8.1. Minutes of the Board of Directors Regular Meeting Held May 11, 2021 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$3,064,441.03. 8.3. Budget to Actual Reports for the Month Ending April 30, 2021 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending April 30, 2021. 8.4. Cash and Investment Report for Period Ending April 30, 2021 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for Period Ending April 30, 2021. 8.6. Appropriations Limit for Fiscal Year 2022 Recommendation: That the Board of Directors approve Resolution No. 2021-XX adopting the Appropriations Limit for Fiscal Year 2022, 8.7. Award of Construction Contract for the Grandview Ave and Ridge Way Waterline Improvements Recommendation: That the Board of Directors award the Construction Contract for the Grandview Ave and Ridge Way Waterline Improvements to PALP, Inc. DBA Excel Paving Company for$587,585.00, Job No. 2020-61. 8.8. Terms and Conditions for Water and Sewer Service with Shea Homes, LP for TTM 18123 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Shea Homes, LP for TTM 18123, Job No. 2021-15. 8.9. Terms and Conditions for Water and Sewer Service with Joe Florentine, 4901 and 4905 Main Street Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Joe Florentine, 4901 and 4905 Main Street, Job No. 2021-13. Minutes of the YLWD Board of Directors Regular Meeting Held June 8, 2021 at&30 p.m. 3 2021-043 8.10 Concurring Nomination Resolution for ACWA 2022-2023 Vice President Election Recommendation: That the Board of Directors consider adopting a concurring resolution in support of Cathy Green, OCWD First Vice President, as a candidate for the office of ACWA Vice President. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 8.5. Reimbursement of Costs Incurred Before Issuance of Tax-Exempt Obligations for Funding of District's Capital Improvement Program Staff reviewed the purpose of the resolution and explained that it is a tool utilized by public agencies to reimburse themselves for capital project expenditures made prior to the issuance of associated bond funding. Vice President Miller noted that the dollar amount in the staff recommendation ($30K) did not match what was in the resolution ($35K). Staff clarified that the recommendation was incorrect and should have indicated $35K. Director Jones made a motion, seconded by Director Miller, to adopt Resolution No. 2021-XX regarding intention to issue tax-exempt obligations for the purpose of permitting the reimbursement of not-to-exceed $35,000,000 for incurred costs related to the current capital improvement program which are incurred before the issuance of tax-exempt obligations, and rescinding Resolution No. 2020-01. Motion carried a 5-0-0-0 on a roll call vote. 9. INTRODUCTIONS AND PRESENTATIONS 9.1. Elected Official Liaison Reports Yorba Linda Council Member Gene Hernandez reported on the status of reopening council meetings for in-person attendance. 9.2. Federal and State Legislative Update General Manager Barbre noted that this report would be e-mailed to the Board as staff was currently assisting with tabulating the written protests. Minutes of the YLWD Board of Directors Regular Meeting Held June 8,2021 at 6:30 p.m. 4 2021-044 10. REPORTS, INFORMATION ITEMS. AND COMMENTS 10.1. Director's Reports A list of meetings and events attended was included in the agenda packet. Discussion touched on the drought situation in California and local and statewide investments in water storage, desalination, and water use efficiency. 10.2. General Manager's Report General Manager Barbre reported on the scheduled reopening of the District's lobby to the public, CaIOSHA's masking requirements, and the status of Governor Newsom's executive order suspending water shutoff's due to non-payment. 10.3. General Counsel's Report None. 10.4. Future Agenda Items and Staff Tasks None. 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Hawkins/DesRoches) — Next meeting will be scheduled when needed. 11.2. Joint Agency Committee with City of Yorba Linda (Hawkins/Lindsey) — Minutes of the meeting held Monday, June 7, 2021 at 4:00 p.m. will be presented when available. Next meeting is yet to be scheduled. 11.3. Joint Agency Committee with City of Placentia (Miller/Lindsey) — Next meeting will be scheduled when needed. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from June 9 — July 31, 2021 Minutes of the YLWD Board of Directors Regular Meeting Held June 8,2021 at&30 p.m. 5 2021-045 CONTINUATION OF ITEMS 7.1. THROUGH 7.3. 7.1. Proposed Water and Sewer Rate Schedules and Charges, and Collection of Capital (Finance) Charges on Property Tax Roll General Manager Barbre reported that the Secretary's Office received 413 written protests against the proposed water and sewer rate schedules and charges, and the collection of capital (finance) charges on the property tax roll. As there are 29,149 parcels within the District's service area, the number of validated written protests required to constitute a majority would be a minimum of 14,575. Mr. Barbre further noted that the 413 written protests were deemed valid as submitted without further examination. Extensive Board discussion followed and touched on the actions being considered, oversight of District expenditures, the Directors' role as advocates for District ratepayers, quarterly reporting on budget to actuals versus assumptions contained in the rate study report, managing the District's infrastructure assets, rates of neighboring water utility agencies, and annual review of District rate schedules and charges. 7.2. Establishing New Water and Sewer Rate Schedules and Charges Director Miller made a motion, seconded by Director DesRoches, to adopt Resolution No. 2021-XX establishing new water rate schedules and charges effective July 1, 2021 and rescinding Resolution No. 2020-18. Motion carried 4-1-0-0 on a roll call vote with Director Jones voting No. Director Miller made a motion, seconded by Director Lindsey, to adopt Resolution No. 2021-XX establishing new sewer rate schedules and charges effective July 1, 2021 and rescinding Resolution No. 2019-17. Motion carried 4-1-0-0 on a roll call vote with Director Jones voting No. 7.3. Collection of Capital (Finance) Charges on Property Tax Roll Director Miller made a motion, seconded by Director DesRoches, to adopt Resolution No. 2021-XX electing to place capital (finance) charges on the property tax roll for collection and remittance to the District and adopting the report to place said charges on the property tax roll for Fiscal Year 2022. Motion carried 5-0-0-0 on a roll call vote. 13. ADJOURNMENT 13.1. Director Jones made a motion, seconded by Director Lindsey, to adjourn the meeting at 8:18 p.m. Motion carried 5-0-0-0 on a roll call vote. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held June 8,2021 at 6:30 p.m. 6