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HomeMy WebLinkAbout2021-08-10 - Board of Directors Meeting Minutes (B) 2021-069 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, August 10, 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 6:48 p.m. 3. PLEDGE OF ALLEGIANCE Director Lindsey led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, PhD, Vice President Brett R. Barbre, General Manager Trudi DesRoches Doug Davert, Asst General Manager Brooke Jones John DeCriscio, Operations Manager Tom Lindsey Gina Knight, Human Resources/Risk Manager Delia Lugo, Finance Manager DIRECTORS ABSENT Rosanne Weston, Engineering Manager Phil Hawkins, President 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 August 10, 2021 at 630 p.m. 1 2021-070 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports None. 6.2. Federal and State Legislative Update Staff briefed the Board on the status of SB 222 and ACWA's requested amendments and noted that SB 223 was made a 2-year bill and would not be reconsidered until January 2022. Additional information on the status of community project funding is expected in September and the US Senate recently passed the Infrastructure Investment and Jobs Act which included $8.3 billion dedicated for western water infrastructure. Staff is working on a legislative priorities policy for Board consideration in October. 7. PUBLIC COMMENTS None. 8. CONSENT CALENDAR Vice President Miller opened the floor to public comment. Al Nederhood, resident, commented on the financial reports under Item No. 8.5. and information contained within the District's 2021 rate study report. Director Jones made a motion, seconded by Director Lindsey, to approve the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey abstaining from voting on Item No. 8.2. and Director Hawkins being absent. 8.1. Minutes of the Board of Directors Special and Regular Meeting Held June 22, 2021 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special and Regular Meetings Held July 13, 2021 Recommendation: That the Board of Directors approve the minutes as presented. Minutes of the YLWD Board of Directors Regular Meeting Held August 10, 2021 at 6:30 p.m. 2 2021-071 8.3. Minutes of the Board of Directors Special Meeting Held July 27, 2021 Recommendation: That the Board of Directors approve the minutes as presented. 8.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$4,625,617.58. 8.5. Budget to Actual Reports for the Month Ending June 30, 2021 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending June 30, 2021. 8.6. Cash and Investment Report for Period Ending June 30, 2021 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for Period Ending June 30, 2021. 8.7. Unaudited Financial Statements for the Fourth Quarter of Fiscal Year 2020-21 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Fourth Quarter of Fiscal Year 2020-21. 8.8. Directors' and General Manager Fees and Expenses Report for Fourth Quarter of Fiscal Year 2020-21 Recommendation: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for Fourth Quarter of Fiscal Year 2020-21. 8.9. Repeal of Ordinance Conflicting with Water Shortage Contingency Plan Recommendation: That the Board of Directors adopt Ordinance No. 2021- XX repealing Ordinance No. 09-01 due to a conflict with the District's Water Shortage Contingency Plan. 8.10. Amending Conflict of Interest Code Recommendation: That the Board of Directors adopt Resolution No. 2021- XX adopting a Conflict of Interest Code which supersedes all prior conflict of interest codes and amendments previously adopted. Minutes of the YLWD Board of Directors Regular Meeting Held August 10,2021 at 6:30 p.m. 3 2021-072 8.11 Amending the Memorandum of Understanding for Employees' Association Members Recommendation: That the Board of Directors adopt Resolution No. 2021- XX amending the Memorandum of Understanding between the District and the YL WD Employees'Association for the remainder of Fiscal Years 2022- 23. 8.12 Ratifying Amended Budgeted Positions for Fiscal Year 2021-22 and Amending Exhibit A in the Personnel Manual for Unrepresented Employees Recommendation: That the Board of Directors. (1) adopt Resolution No. 2021-XX ratifying amendments to the Budgeted Positions for the remainder of Fiscal Year 2021-22; and (2) adopt Resolution No. 2021-XX amending Exhibit A of the Personnel Manual for Unrepresented Employees for the Remainder of Fiscal Years 2022-23. 9. ACTION CALENDAR 9.1 Position on Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act Staff reviewed the purpose of the Act and the significant issues caused by flushing wet wipes. Director Jones made a motion, seconded by Director Miller, to take a support position on H.R. 4602, the Wastewater Infrastructure Pollution Prevention and Environmental Safety (WIPPES) Act. Motion carried 4-0-0- 1 on a roll call vote with Director Hawkins absent. 9.2. Nominations for ACWA Committee Appointments Staff requested feedback from the Directors regarding their interest in serving on one or more of these committees. This item will be brought back to the Board in September for final consideration. 9.3. Amending the General Manager's Employment Agreement General Counsel Gagen reported that the Board had completed its annual evaluation of General Manager Barbre's performance. Early in the review process, General Manager Barbre requested that the Board forgo any increase in compensation. He also requested that he be provided the option of using a District vehicle in lieu of receiving a $600 monthly allowance for the use of his personal vehicle. The Board recommended approving a 3% cost of living adjustment to General Manager Barbre's salary. Minutes of the YLWD Board of Directors Regular Meeting Held August 10, 2021 at&30 p.m. 4 2021-073 The Board commended General Manager Barbre on his performance. At the Board's request, General Manager Barbre commented on his experience over the past year including the challenges presented by the pandemic and the District's significant accomplishments during that period. He also thanked staff for their support. Director Lindsey made a motion, seconded by Director DesRoches, to (1) approve the First Amendment to the Employment Agreement for the Position of General Manager as negotiated by the District's Designated Representative; and (2) adopt Resolution No. 2021-XX adopting the Classification and Salary for the General Manager effective May 12, 2021, and rescinding Resolution No. 2020-05. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 10. DISCUSSION ITEMS 10.1 Status of Operations Activities Staff reviewed the activities of the Maintenance Division over the past fiscal year. This included safety and emergency activities associated with the pandemic, water leak repairs, valve turning and replacements, fire hydrant preventative maintenance, videoing of sewer lines, installation of sewer lines, and responding to customer calls. Staff also provided an overview of the District's water infrastructure and the complexity involved with pumping and distributing groundwater to different elevation zones, meeting water demands, and maximizing groundwater production. Staff then responded to questions from the Board on the process of transitioning the District's water source from all import to a combination of import and groundwater once construction of the groundwater treatment plant was complete. 10.2 Construction of Per- and Polyfluoroalkyl Substances (PFAS) Removal Groundwater Treatment Plant Staff reported on the status of this project and outlined the construction schedule. Staff also reviewed plans for installing a temporary chlorination tank for the plant as manufacturing of the permanent tank is expected to be delayed due to a shortage of materials. Minutes of the YLWD Board of Directors Regular Meeting Held August 10,2021 at 6:30 p.m. 5 2021-074 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1 Director's Reports A list of meetings and events attended was included in the agenda packet. A few of the Directors commented on their attendance at recent meetings and events, including the dedication ceremony for the Wells Fargo Heli- hydrant and Landing Zone. 11.2. General Manager's Report General Manager Barbre indicated that in the interest of time, he would e- mail his report to the Board. 11.3. General Counsel's Report None. 11.4. Future Agenda Items and Staff Tasks None. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Hawkins/DesRoches) — Next meeting will be scheduled when needed. 12.2. Joint Agency Committee with City of Yorba Linda (Hawkins/Lindsey) — Next meeting is scheduled Monday, September 13, 2021 at 4:00 p.m. 12.3. Joint Agency Committee with City of Placentia (Miller/Lindsey) — Next meeting is scheduled on Monday, August 23, 2021 at 10:30 a.m. at Placentia City Hall. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from August 11 — September 30, 2021 A recess was declared at 7:57 p.m. so that the Board could continue the Special Meeting and Closed Session. The report from Closed Session is included in the minutes for that meeting. This meeting was reconvened at 8:56 p.m. Minutes of the YLWD Board of Directors Regular Meeting Held August 10,2021 at 6:30 p.m. 6 2021-075 14. ADJOURNMENT 14.1. Director Lindsey made motion, seconded by Director Jones, to adjourn the meeting at 8:56 p.m. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held August 10,2021 at 6:30 p.m. 7