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.
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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
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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.
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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.
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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
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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
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