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HomeMy WebLinkAbout2021-11-17 - Board of Directors Meeting Minutes (B)1. 2. 3 4. 5. 6. 2021-100 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Wednesday, November 17, 2021, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. CALL TO ORDER The meeting was called to order at 6:36 p.m. PLEDGE OF ALLEGIANCE President Hawkins led the pledge. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Phil Hawkins, President Doug Davert, Assistant General Manager J. Wayne Miller, PhD, Vice President John DeCriscio, Operations Manager Trudi DesRoches Gina Knight, Human Resources and Risk Manager Brooke Jones Delia Lugo, Finance Manager Tom Lindsey 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 Eric O'Donnell, Senior Associate, Townsend Public Affairs (Via Teleconference) ADDITIONS/DELETIONS TO THE AGENDA None. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports Minutes of the YLWD Board of Directors Regular Meeting Held November 17, 2021 at 6:30 p.m. 1 2021-101 Yorba Linda Councilmember Gene Hernandez commented on recent activities related to the full reopening of restaurants and the continuation of outdoor dining as an option. He also commented on the construction progress of a few new restaurant establishments. 6.2. Federal and State Legislative Update Staff reported on the status of the PFAS Action Act (HR 2467) and the State Drought Emergency. Staff recommends drafting a letter to US Senators of California requesting explicit exemptions from liability for PFAS related cleanup. The District will continue to request a voluntary 15% reduction in water consumption as directed by Governor Newsom on November 9, 2021. Eric O'Donnell from Townsend Public Affairs briefed the Board regarding the District's chances of receiving financing for water quality infrastructure projects from the Clean Water State Revolving Fund (SRF). The Board requested staff work with Townsend Public Affairs to apply for future grant opportunities. 7. PUBLIC COMMENTS None. 8. CONSENT CALENDAR Director Lindsey requested to remove Item No. 8.6. and Director Miller requested to remove Item Nos. 8.11 and 8.16. 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. 8.1. Minutes of the Board of Directors Special and Regular Meetings Held October 13, 2021 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special Meeting Held October 21, 2021 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Minutes of the Board of Directors Special Meeting Held November 5, 2021 Recommendation: That the Board of Directors approve the minutes as presented. Minutes of the YLWD Board of Directors Regular Meeting Held November 17, 2021 at 6:30 p.m. 2 2021-102 8.4. Re -Authorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors adopt Resolution No. 2021 - XX finding and determining that: (1) a state of emergency related to COVID- 19 continues to be in effect; (2) state and local officials continue to recommend measures to promote social distancing in connection with COVID-19; (3) due to the COVID-19 emergency, meeting in person would present imminent risks to the health and safety of attendees; and (4) continued remote meetings are hereby re -authorized for the period of November 17, 2021, through December 17, 2021, pursuant to California Government Code Section 54953(e). 8.5. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $4,560,237.65. 8.7. Cash and Investment Report for the Period Ending September 30, 2021 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending September 30, 2021. 8.8. Unaudited Financial Statements for the First Quarter of FY 2021-22 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the First Quarter of Fiscal Year 2021- 22. 8.9. Directors' and General Manager Fees and Expenses Report for the First Quarter of Fiscal Year 2021-22 Recommendation: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for the First Quarter of Fiscal Year 2021-22. 8.10. Fiscal Year 2021-22 Capital Improvement Plan (CIP) Status Report for the Period Ending September 30, 2021 Recommendation: That the Board of Directors receive and file the Fiscal Year 2021-22 Capital Improvement Plan (CIP) Status Report for the Period Ending September 30, 2021. Minutes of the YLWD Board of Directors Regular Meeting Held November 17, 2021 at 6:30 p.m. 2021-103 8.12. Declaration of Restrictive Covenants with Daniel Sangwon Oh and Christina Seun Oh Recommendation: That the Board of Directors authorize the President and General Manager to execute a Declaration of Restrictive Covenants with Daniel Sangwon Oh and Christina Seun Oh of 18449 Tytris Way, Yorba Linda. 8.13. Declaration of Restrictive Covenants with Carlos E. Serna and Saskia V. Serna Recommendation: That the Board of Directors authorize the President and General Manager to execute the Declaration of Restrictive Covenants with Carlos E. Serna and Saskia V. Serna of 4720 Avenida De Las Estrellas, Yorba Linda. 8.14. Declarations of Restrictive Covenants with Anthony Barber Recommendation: That the Board of Directors authorize the President and General Manager to execute two Declarations of Restrictive Covenants with Anthony Barber of 17966 Anna Marie Road, Yorba Linda. 8.15. Memorandum of Understanding with the County of Orange for use of Mass Notification System (AlertOC) Recommendation: That the Board of Directors authorize the General Manager to execute and manage a Memorandum of Understanding with the County of Orange to allow their use of the County's Countywide Mass Notification System under the terms and conditions of the County's Countywide Notification System Operating Guidelines and vendor -provided agreements, commencing on July 1, 2021, through December 30, 2024. 8.17. Ratification of Emergency Expenditure for Well 22 Energy Dissipator Project Recommendation: That the Board of Directors make a finding based on evidence presented by staff that the General Manager's expenditure for construction of the Well 22 Energy Dissipator Project was necessary and constituted an emergency as set forth in Section 10.0 of the District's Purchasing Policy. 8.18. Adjustments to Employee Benefits Program Recommendation: That the Board of Directors approve adjustments to the employee benefits program for dental and vision care, and life insurance. Minutes of the YLWD Board of Directors Regular Meeting Held November 17, 2021 at 6:30 p.m. 4 2021-104 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 8.6. Budget to Actual Reports for the Month Ending September 30, 2021 Director Lindsey asked about the increase in sewer related expenses. Staff explained this was due to a higher allocation percentage. Last fiscal year, 93% of the District's overall expenses were allocated for water related services and 7% were allocated for sewer related services. Following analysis, it was determined that the District's sewer related activities were increasing and thus 85% of the District's overall expenses are being allocated for water related services and 15% for sewer related services this fiscal year. Vice President Miller inquired about the District's days of cash on hand. Staff reviewed some of the District's recent and upcoming major expenditures and commented on the need to draw from the line of credit to reimburse the District for capital related expenses. Staff agreed to provide the Board with an updated report on days of cash once October's financials were finalized. Director Lindsey made a motion, seconded by Director Jones, to receive and file the Budget to Actual Reports for the Month Ending September 30, 2029. Motion carried 5-0-0-0 on a roll call vote. 8.11. PFAS Water Treatment Plant Project Backup Generator for Headquarters and Budget Contingency Reserve Vice President Miller asked if this expenditure had been included in a previous authorization approved by the Board. Staff explained that the required electrical system improvements for the backup generator were omitted from the construction documents and that this expenditure from the contingency reserve would not cause the project to be over budget. Vice President Miller indicated he was in favor of staff's recommendation for Item Nos. 8.11 and 8.16. The Board elected to vote on these two items at the same time. 8.16. Purchase of Sound Attenuated Trailer Mounted 4" Pump Package Director Miller made a motion, seconded by Director Lindsey, to: (1) receive and file notification of the District's use of the PFAS Water Treatment Plant Project budget contingency reserve to include electrical system improvements related to the backup generator for District Headquarters; and (2) to authorize the General Manager to utilize funds from the Sewer Capital Reserve to purchase a Sound Attenuated Trailer Mounted 4" Pump Package from Charles King Company (lowest bidder) for $74,213.00 Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held November 17, 2021 at 6:30 p.m. 5 D1 2021-105 ACTION CALENDAR 9.1 Support of Water Infrastructure Funding Act of 2022 Staff briefly reviewed the purpose of the Act and project categories to be funded. Director Jones made a motion, seconded by Director Miller, to adopt Resolution No. 2021 -XX Supporting the Water Infrastructure Funding Act of 2022. Motion carried 5-0-0-0 on a roll call vote. 9.2 Election for Association of California Water Agencies (ACWA) President and Vice President for 2022-2023 Term Staff reviewed the election process and recommended the Board appoint a voting delegate and alternate voting delegate. Director Lindsey made a motion, seconded by Director Miller, to appoint Director Jones as the voting delegate, and President Hawkins as the alternate voting delegate, to cast the District's ballot for ACWA President and Vice President during the Fall Conference on Wednesday, December 1, 2021. Motion carried 5-0-0-0 on a roll call vote. DISCUSSION ITEMS 10.1 Draft Legislative Platform Eric O'Donnell with Townsend Public Affairs explained the purpose of a legislative platform in guiding the Board of Directors and District staff on how to advocate for the District on statewide and federal levels. He also reviewed the guiding principles of the legislative platform including the promotion of fiscal stability, preservation of local control, and support of regulatory streamlining. Mr. O'Donnell then outlined the process for utilizing and updating the platform and responded to related questions from the Board. Staff noted that the District is not required to take a position on every act and indicated that points brought up during discussion of this matter would be incorporated into the draft and presented for Board consideration at the next regular meeting. 10.2. Status of Engineering Activities and PFAS Water Treatment Plant Staff reviewed the various stages of active projects in the planning/design phase, in the bid/award phase, and under construction. Staff also touched on the status of the Bastanchury Road Water Line Replacement project and the PFAS water treatment plant. Minutes of the YLWD Board of Directors Regular Meeting Held November 17, 2021 at 6:30 p.m. 2021-106 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1 Director's Reports A list of meetings and events attended was included in the agenda packet. Vice President Miller commented on a scheduled meeting with the Director of Southern California Edison on alternate energy supply. 11.2. General Manager's Report Assistant General Manager Davert reported on COVID related information, status of customer delinquencies and collections, and soft collection calls. 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) — Minutes of the meeting held Monday, November 8, 2021, at 4:00 p.m. will be provided when available. Next meeting is scheduled for Monday, January 31, 2022 at 4:00 p.m. 12.3. Joint Agency Committee with City of Placentia (Miller/Lindsey) — Next meeting will be scheduled when needed. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from November 18 — December 31, 2021 14. ADJOURNMENT 14.1. Director Jones made a motion, seconded by Director Miller, to adjourn the meeting at 7:44 p.m. Motion passed 5-0-0-0 on a roll call vote. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held November 17, 2021 at 6:30 p.m. 7