HomeMy WebLinkAbout2021-10-13 - Board of Directors Meeting Minutes (B)2021-085
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, October 13, 2021, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2. CALL TO ORDER
The meeting was called to order at 7:23 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 Doug Davert, Assistant General Manager
Trudi DesRoches John DeCriscio, Operations Manager
Brooke Jones Gina Knight, Human Resources and Risk Manager
Tom Lindsey Delia Lugo, Finance Manager
Rosanne Weston, Engineering Manager
Alison Martin, Public Affairs Manager
Annie Alexander, Board Secretary
Veronica Ortega, Executive Assistant
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
Chris Townsend, President, Townsend Public Affairs (Via Teleconference)
Eric O'Donnell, Senior Associate, Townsend Public Affairs (Via Teleconference)
Brian Lochrie, President, Communications LAB
Kassie Radermacher, Partner, White Nelson Diehl Evans LLP (Via Teleconference)
5. ADDITIONS/DELETIONS TO THE AGENDA
None.
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6. INTRODUCTIONS AND PRESENTATIONS
6.1. Elected Official Liaison Reports
Yorba Linda Councilmember Gene Hernandez commented on recent
activities related to sewer collection facilities on Main Street and the sale of
a portion of City -owned property on Bastanchury Road to Shea Homes for
a new housing development. He also commented on the raising of
Bastanchury Road, the planned construction of public amenities on the
remaining portion of property still owned by the City, and the Adventure
Playground renovation project.
6.2. Federal and State Legislative Update
Staff reported on the status of a $500K federal earmark for construction of
another heli -hydrant and the PFAS Action Act (HR 2467). Christopher
Townsend and Eric O'Donnell both commented on the status of federal
earmarks and the FY22 federal budget.
7. PUBLIC COMMENTS
None.
8. CONSENT CALENDAR
Director Jones requested to remove Item Nos. 8.8., 8.11, and 8.12. from the
Consent Calendar for separate action.
Director Jones made a motion, seconded by Director DesRoches, to approve the
remainder of the Consent Calendar. Motion carried 5-0-0-0.
8.1. Minutes of the Board of Directors Special and Regular Meetings Held
September 14, 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 $5,871,194.97.
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8.3. Budget to Actual Reports for Month Ending August 31, 2021
Recommendation: That the Board of Directors receive and file the Budget
to Actual Reports for the Month Ending August 31, 2021.
8.4. Cash and Investment Report for Period Ending August 31, 2021
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending August 31, 2021.
8.5. Claim for Damages Filed by Lon Verstuyft
Recommendation: That the Board of Directors reject and deny the claim
filed by Lon Verstuyft.
8.6. Revised Budgeted Positions for Remainder of Fiscal Year 2021-22
Recommendation: That the Board of Directors adopt Resolution No. 2021 -
XX ratifying amendments to the Budgeted Positions for the remainder of
Fiscal Year 2021-22.
8.7. Memorandum of Understanding with Community Water Systems Alliance
Recommendation: That the Board of Directors authorize the General
Manager to execute a Memorandum of Understanding with California
Mutual Water Companies (CalMutuals) for District participation in the
Community Water System Alliance and approve payment of $5,000 for
annual dues.
8.9. Joint Agreement for 800 Megahertz Countywide Coordinated
Communications System
Recommendation: That the Board of Directors authorize the General
Manager to execute the re -written Joint Agreement for the Orange County
800 MHz Countywide Coordinated Communications System (CCCS).
8.10. Proclamation Terminating Existence of Local Emergency Related to
COVID-19
Recommendation: That the Board of Directors approve a proclamation
terminating the existence of a local emergency related to COVID-19
effective October 13, 2021.
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8.13. Third Amendment to Water and Sewer Facilities Agreement with North
County BRS, LLC (Now Lennar Homes of California) for Cielo Vista
Development Project
Recommendation. That the Board of Directors approve the Third
Amendment to the Cielo Vista Project Water and Sewer Facilities
Agreement dated August 1, 2018, conditioned on the Property Owners'
signatures to the Third Amendment within 30 days of approval.
8.14. Notice of Completion for Well 11 Abandonment
Recommendation: That the Board of Directors authorize staff to file the
Notice of Completion for the Well 11 Abandonment Project, Job No. J-2020-
52.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
8.8. Purchase of Vactor Hydro -Excavator
Staff explained that the current excavator was requiring significant repairs
on a regular basis and was in need of being replaced. Staff also noted the
benefits of utilizing a hydro -excavator, associated cost savings, and the
anticipated value of the unit to be replaced at auction if approved by the
Board. Director Miller expressed his concerns in relation to this expenditure
and the potential budget deficit due to the delay in construction of the PFAS
water treatment plant.
Director Jones made a motion, seconded by Director Lindsey, to authorize
the General Manager to purchase a Vactor Hydro -Excavator from Haaker
Equipment Company (lowest bidder) in the amount of $560,300 as
approved in the Capital Outlay Budget for Fiscal Year 2021-22. Motion
carried 4-1-0-0 with Director Miller voting No.
8.11. Professional Services Agreement for Communications Consulting Services
Staff reviewed the functions of the Public Affairs Department, the scope of
work for this contract, and the rating of Communications LAB's proposal.
Discussion touched on contracting for services on a project -by -project
basis, the benefits of contracting with one firm, the proposed contract term,
monthly status reports from the consultant to the Board, postponing
execution of the contract until after the PFAS water treatment plant is up
and running, and the communications services currently provided to the
District.
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Director Jones made a motion, seconded by Director DesRoches, to
authorize the General Manager to execute a Professional Services
Agreement with Communications LAB for Communications Consulting
Services for a 1 -year term beginning December 1, 2021, not to exceed a
total cost of $60,000. Motion carried 5-0-0-0.
8.12. Professional Services Agreement for On -Call Geotechnical Observation
and Material Testing Services
Staff explained the benefits of executing two on-call agreements for these
services.
Director Jones made a motion, seconded by Director Lindsey, to authorize
the General Manager to execute two (2) non-exclusive Professional
Services Agreements (pending review and approval as to form by General
Counsel) for On -Call Geotechnical Observation and Material Testing
Services with Hushmand Associates, Inc. and Leighton Consulting, Inc. for
an initial period of three (3) years and cumulative total not to exceed
$350, 000. Motion carried 5-0-0-0.
9. ACTION CALENDAR
9.1 Audit Report for Fiscal Year Ending June 30, 2021
Staff briefly highlighted the results of the annual audit.
Director Jones made a motion, seconded by Director Miller, to receive and
file the Yorba Linda Water District Comprehensive Annual Financial Report
for the Fiscal Year Ending June 30, 2021, the Report on Internal Control,
and the Communications to Those in Governance Letter. Motion carried
5-0-0-0.
10. ADJOURN TO YORBA LINDA FINANCING AUTHORITY REGULAR MEETING
A recess was declared at 8:09 p.m. to conduct the Financing Authority meeting.
The Board meeting reconvened at 8:10 p.m.
11. ACTION CALENDAR CONTINUED
11.1 Amending Rules and Regulations for Water Service
Staff provided an overview of the significant proposed amendments to the
existing rules and regulations for water service. These included clarification
for the use of temporary construction meters, defining responsibilities for
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water service lines, and updating language to reflect current practices and
terminology. Staff noted that legal counsel had reviewed the revisions and
that proposed amendments to the rules and regulations for sewer service
would be presented to the Board for consideration at a future meeting.
Director Jones made a motion, seconded by Director Lindsey, to adopt
Resolution No. 2021 -XX adopting the proposed Rules and Regulations for
Water Service and repealing Resolution Nos. 06-04 and 16-15. Motion
carried 5-0-0-0.
12. DISCUSSION ITEMS
12.1 Draft Legislative Platform for Future Adoption
Staff explained the purpose and benefits of establishing a legislative
platform. A more detailed presentation will be provided at the next regular
Board meeting.
12.2. Status of PFAS Water Treatment Plant
Staff reviewed various factors impacting the construction schedule for this
project including delayed approval from gas and electric providers and
supply chain issues for necessary electrical components. Staff also noted
that other local agencies were experiencing similar delays due to supply
chain issues.
Discussion touched on the financial impact of a delayed serve water date,
potential scenarios for groundwater production, and current status of the
District's wells.
13. REPORTS, INFORMATION ITEMS, AND COMMENTS
13.1 Director's Reports
A list of meetings and events attended was included in the agenda packet.
Vice President Miller commented on topics covered during a few meetings
he attended.
13.2. General Manager's Report
General Manager Barbre invited the managers to brief the Board on recent
activities within their department. Engineering Manager Weston reported
on the status of slope repairs at Gardenia Reservoir. Finance Manager
Lugo commended Customer Service staff for their compassionate and
successful collection efforts.
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Assistant General Manager Davert reported on the status of transitioning
32 customers to a higher pressure zone. General Manager Barbre reported
that staff would be providing the Board with a quarterly report on the status
of the District's Capital Improvement Plan at the next regular meeting. He
also commented on a few other upcoming agenda items and requested
feedback from the Board on meeting dates in November and December.
Following brief discussion, the Board decided to hold a regular meeting on
Wednesday, November 17, 2021 due to a schedule conflict. The schedule
for regular meetings will revert back to the second Tuesday of each month
beginning in December.
13.3. General Counsel's Report
None.
13.4. Future Agenda Items and Staff Tasks
Director Jones requested staff brief the Board on the status of the meter
replacement project at a future meeting.
14. COMMITTEE REPORTS
14.1. Interagency Committee with MWDOC and OCWD
(Hawkins/Des Roches) — Next meeting will be scheduled when needed.
14.2. Joint Agency Committee with City of Yorba Linda
(Hawkins/Lindsey) — Next meeting is scheduled Monday, November 8,
2021 at 4:00 p.m.
14.3. Joint Agency Committee with City of Placentia
(Miller/Lindsey) — Next meeting will be scheduled when needed.
15. BOARD OF DIRECTORS ACTIVITY CALENDAR
15.1. Meetings from October 14 — December 31, 2021
16. ADJOURNMENT
16.1. Director Lindsey made a motion, seconded by Director Jones, to adjourn
the meeting at 8:55 p.m. Motion passed 5-0-0-0.
Annie Alexander
Board Secretary
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