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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. Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at 630 p.m. 1 2021-086 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. Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at 6:30 p.m. 2 2021-087 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. Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at 630 p.m. 3 2021-088 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. Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at 630 p.m. 4 2021-089 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 Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at 6:30 p.m. 5 2021-090 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. Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at 6:30 p.m. 6 2021-091 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 Minutes of the YLWD Board of Directors Regular Meeting Held October 13, 2021 at &30 p.m. 7