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HomeMy WebLinkAbout2020-04-28 - Board of Directors Meeting Minutes (B)1 2. 3. 4. 2020-056 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING (TELECONFERENCE) Tuesday, April 28, 2020, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 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. CALL TO ORDER The meeting was called to order at 6:32 p.m. PLEDGE OF ALLEGIANCE ROLL CALL DIRECTORS PRESENT Phil Hawkins, President Andrew J. Hall, Vice President Brooke Jones J. Wayne Miller, PhD Al Nederhood STAFF PRESENT Brett R. Barbre, Assistant General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources and Risk Manager Delia Lugo, Finance Manager Pasquale Talarico, Director of Public Affairs Rosanne Weston, Engineering Manager Annie Alexander, Executive Asst/Board Secretary Kaden Young, Sr Management Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA None. Minutes of the YLWD Board of Directors Regular Meeting Held April 28, 2020 at 6:30 p.m. 91 7 A 2020-057 INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports Mayor Pro Tem Gene Hernandez, City of Yorba Linda, commented on guidelines released by the Orange County Board of Supervisors for businesses and the public to transition back to a normal state of activity from restrictions put in place due to COVID-19. 6.2. Federal and State Legislative Update Director of Public Affairs Talarico also commented on the Board of Supervisors' guidelines and then reported on the status of legislative activities and the release of a video message from President Hawkins. PUBLIC COMMENTS Board Secretary Alexander confirmed that no written public comments had been received for this meeting. No members of the public expressed an interest to provide comment at this time. CONSENT CALENDAR Director Nederhood requested to remove Item No. 8.4 from the Consent Calendar for separate action. Director Hall made a motion, seconded by Director Nederhood, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. 8.1. Minutes of the Board of Directors Special Meeting Held April 9, 2020 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special and Regular Meetings Held April 14, 2020 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,125,113.32. Minutes of the YLWD Board of Directors Regular Meeting Held April 28, 2020 at 6:30 p.m. 2 2020-058 8.5. Cash and Investment Report for Period Ending March 31, 2020 Recommendation; That the Board of Directors receive and file the Cash and Investment Report for Period Ending March 31, 2020. 8.6. Notice of Completion for the Camino Verde and Mickel Waterline Improvement Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the Camino Verde and Mickel Waterline Improvement Project, Job No. J2018-03. 8.7. Notice of Completion for the 2019 Sewer Main CIPP Rehabilitation Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the 2019 Sewer Main CIPP Rehabilitation Project, Job No. J2019 -39S. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 8.4. Budget to Actual Reports for the Month Ending March 31, 2020 Staff responded to questions from Director Nederhood regarding the financial reports and the impact of COVID-19 on the District's investment portfolio. Director Nederhood made a motion, seconded by Director Hall to receive and file the Budget to Actual Reports for the Month Ending March 31, 2020. Motion carried 5-0-0-0 on a roll call vote. 9. ACTION CALENDAR 9.1. Approving Issuance of Negotiable Promissory Notes for the Purpose of Financing Capital Projects Staff explained the 3 -year revolving line of credit would be utilized to finance the costs of acquiring, constructing, and installing facilities and improvements to the District's water distribution system. Anna Sarabian, Principal at Fieldman Rolapp & Associates, reviewed associated interest rates and fees. Director Miller made a motion, seconded by Director Jones, to adopt Resolution No. 2020 -XX Approving the Issuance of Negotiable Promissory Notes for the Purpose of Financing Capital Projects and Approving the Execution and Delivery of Certain Documents in Connection Therewith and Certain Other Matters. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held April 28, 2020 at 630 p.m. 3 2020-059 9.2. PFAS Treatment Facilities and Program Agreement Staff provided a broad overview of the agreement's provisions. General Counsel Gagen noted there would be no impact on the groundwater producers' insurance policies with ACWA-JPIA. Director Jones made a motion, seconded by Director Hall, to authorize the General Manager and General Counsel to execute, in its substantial form, the PFAS Treatment Facilities and Program Agreement among the Orange County Water District (OCWD), Yorba Linda Water District, and other Groundwater Producers. Motion carried 5-0-0-0 on a roll call vote. General Counsel Gagen explained that the Board had previously agreed in Closed Session to approve a separate legal services agreement with OCWD contingent on approval of the PFAS treatment facilities and program agreement. As the PFAS treatment facilities and program agreement was now approved, this meant the legal services agreement was also approved and considered a reportable action. 9.3. Amending Schedule for Regular Board of Directors Meetings President Hawkins and Vice President Hall commented on the reasons for converting the regular meetings on the fourth Tuesday's of each month at 6:30 p.m. to workshop meetings beginning at 8:30 a.m. Director Nederhood made a motion, seconded by Director Miller, to adopt Resolution No. 2020 -XX amending Section 10.1(A) of the Board of Directors' Policies and Procedures Manual regarding the schedule for regular meetings. Motion carried 5-0-0-0 on a roll call vote. 9.4. Nominations for OC LAFCO Regular Special District Member Seat Staff explained nominations were due May 8, 2020 and that the only candidate thus far was Jim Fisler, Director at Mesa Water District. No Directors expressed an interest in being nominated as a candidate. Staff will present an item for the Board's consideration at a future meeting to support a specific candidate if more than one files. Director Nederhood made a motion, seconded by Director Hall, to designate President Hawkins as the primary and Director Nederhood as the alternate voting representatives in the election for the OC LAFCO Regular Special District Member Seat. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held April 28, 2020 at 6:30 p.m. 4 2020-060 10. DISCUSSION ITEMS 10.1. Review of Projected Expenses to Budget for Fiscal Year 2020 Staff noted that an updated financial report had been distributed to the Board. While staff was working on displaying the revised report, Assistant General Manager Barbre explained that a member of the public had contacted him and wished to comment on Item No. 9.4. Fred Brockmiller, Director at Mesa Water District, requested the Board's support of Director Fisler's candidacy for the OC LAFCO Regular Special District Member Seat. As mentioned above, this request will be presented to the Board for consideration at a future meeting if more than one candidate files. Staff reviewed budgeted versus forecasted revenues and expenses for FY20 and highlighted the financial impacts of the following: having to switch to 100% import water because of lowered PFAS response levels; implementing requirements of SB 998; suspending water service disconnections for non-payment and decreased commercial water consumption, both due to COVID-19; and late season rainfall. Staff will present updated projections at the budget workshop in May. 10.2. Treatment of Groundwater Supplies to Remove Per- and Polyfluoroalkyl Substances (PFAS) Staff reviewed the work OCWD would be assisting the District with related to the design, construction, and equipping of the District's treatment systems, per the agreement that was just approved by the Board under Item No. 9.2. Both systems are expected to be on line in April and June of 2021. 11. REPORTS, INFORMATION ITEMS. AND COMMENTS 11.1. Directors' Reports The Directors noted their attendance at the listed meetings and events. 11.2. Assistant General Manager's Report Assistant General Manager Barbre reported on the District's property tax distribution percentage collected in April and each fiscal year since FY08. He also reported on the status of delinquent and late bill payments, transitioning customers from the old online bill pay system to Invoice Minutes of the YLWD Board of Directors Regular Meeting Held April 28, 2020 at 6:30 p.m. 5 2020-061 Cloud, and total expenses for the Fairmont Booster Pump Station Upgrade Project. He then updated the Board on the District's COVID-19 mitigation efforts. 11.3. General Counsel's Report General Counsel Gagen briefed the Board on Governor Newsom's Executive Order N-54-20 suspending some CEQA filing and noticing requirements. 11.4. Future Agenda Items and Staff Tasks Director Jones requested an item on a future agenda to review the District's calculation of pass-through expenses. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Hawkins/Nederhood) ■ Next meeting is scheduled Thursday, May 28, 2020 at 4:00 p.m. 12.2. Joint Agency Committee with City of Yorba Linda (Hawkins/Jones) ■ Next meeting is scheduled Monday, July 27, 2020 at 4:00 p.m. 12.3. Joint Agency Committee with City of Placentia (Jones/Hawkins) ■ Next meeting is scheduled Wednesday, April 29, 2020 at 3:00 p.m. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from April 29 — June 30, 2020 The Board made no changes to the activity calendar. 14. ADJOURNMENT 14.1. The meeting was adjourned at 8:17 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held April 28, 2020 at 6:30 p.m. 6