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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
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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.
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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.
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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.
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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.
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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.
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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
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