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HomeMy WebLinkAbout2023-02-01 - Board of Directors Meeting Minutes1. 2. 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 1, 2023, 8:00 a.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 8:01 a.m. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. 4. ROLL CALL 5. DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President (Joined at 8:15 a.m.) Phil Hawkins J. Wayne Miller, PhD DIRECTORS ABSENT Tom Lindsey 2023-011 STAFF PRESENT Mark Toy, General Manager Doug Davert, Asst General Mgr John DeCriscio, Operations Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Mgr Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary Jacqueline Segura, HR Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ACTION CALENDAR 5.1. Request for Concurring Nomination Resolution for ACWA-JPIA 2023 Executive Committee Election Fred Bockmiller, Director for Mesa Water District, addressed the Board regarding his interest in continuing his service on ACWA-JPIA's Executive Committee. Director Hawkins made a motion, seconded by Director Miller, to adopt Resolution No. 2023 -XX concurring in the nomination of Fred R. Bockmiller, Director for Mesa Water District, to ACWA-JPIA's Executive Committee. Motion carried 3-0-0-2 with Directors DesRoches and Lindsey being absent. Minutes of the YLWD Board of Directors Regular Meeting Held February 1, 2023 at 8:00 a.m. 2023-012 6. ADDITIONS DELETIONS TO THE AGENDA None. Director Miller stated that he wanted to clarify his vote on the Directors' committee, agency, and intergovernmental meeting assignments considered at the January 5, 2023 Board meeting. He explained that while he had agreed to stand down in regard to his interest in serving as the District's primary director on the OC Sanitation Board of Directors, he had not agreed with the formation of new standing committees. He further commented on Robert's Rules of Order in regard to the formation of standing versus special committees. Director Hawkins stated that his firm referred to committees created for a specific short-term purpose as task forces. President Barbre stated that the focus of the Financial Review Group was to provide interested Directors with an opportunity to learn about the District's finances and not to serve as an oversight committee. He also requested that staff provide the Board with a list of the District's standing and special committees. 7. INTRODUCTIONS AND PRESENTATIONS 7.1. Elected Official Liaison Reports Gene Hernandez, Mayor for City of Yorba Linda, reported on the status of commission appointments, incoming restaurants and businesses, and a variety of activities within the community. Vice President DesRoches joined the meeting at this time. Brief discussion also touched on the status of the Cielo Vista and Esperanza Hills development projects. Staff will follow up with both developers regarding water being used for grading and report back to the Board. 8. PUBLIC COMMENTS AI Nederhood, resident, commented on topicsdiscussed during the budget workshop held January 19, 2023, including the rate of inflation and potential need for updating the most recent rate model. He also commented on the monthly financial statements included in the agenda packet and an item that was removed from the agenda related to the replacement of logos on District facilities. He further commented on potential increases in OCWD's Basin Pumping Percentage (BPP) and spoke in favor of reducing YLWD's rates. Minutes of the YLWD Board of Directors Regular Meeting Held February 1. 2023 at 8:00 a.m. 2023-013 9. CONSENT CALENDAR President Barbre requested to remove Item Nos. 9.2. and 9.3. and Director Miller requested to remove Item No. 9.4. from the Consent Calendar for separate consideration. Director Hawkins made a motion, seconded by Director Miller, to approve the remainder of the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director Barbre voting No on Item No. 9. 1. and Director Lindsey being absent. 9.1. Reauthorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. 9.5. Directors and General Manager Fees and Expenses Report for the Second Quarter of Fiscal Year 2022-23 Recommendation: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for the Second Quarter of Fiscal Year 2022-23. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 9.2. Payment of Bills, Refunds, and Wire Transfers President Barbre requested clarification as to why the District was paying taxes to the Clark County Assessor's Office in Nevada. Staff explained this expense was for property taxes associated with the District's data colocation site located within that county. Director Barbre made a motion, seconded by Director Hawkins, to ratify and authorize disbursements in the amount of $7,310,964.93. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey being absent. 9.3. Cash and Investment Report for Month Ended December 31, 2022 President Barbre commented on the interest earned for District investments being held with the Local Agency Investment Fund (LAIF) and requested additional information regarding same for the Orange County Investment Pool (OCIP). He also requested information regarding the basis points being charged for District investments with LAIF and OCIP. Staff will provide this information to the Board. Minutes of the YLWD Board of Directors Regular Meeting Held February 1, 2023 at 8:00 a.m. 2023-014 Director Miller made a motion, seconded by Director Hawkins, to receive and file the Cash and Investment Reports for Month Ended December 31, 2022. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey being absent. 9.4. Unaudited Financial Statements for the Second Quarter of Fiscal Year 2022-23 Staff responded to questions from Director Miller regarding the difference between the District's. budgeted versus actual operating revenue for residential water and the same for interest revenue and other non-operating revenue. Director Hawkins made a motion, seconded by Director DesRoches, to receive and file the Unaudited Financial Statements for the Second Quarter of Fiscal Year 2022-23. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey being absent. 10. ACTION CALENDAR CONTINUED 10.1. Call for Nominations for ISDOC Executive Committee 3rd Vice President and Secretary Vacancies The Board took no action on this item. 10.2. Identification of General Manager as Agency Designated Representative for Labor Negotiations Director Hawkins made a motion, seconded by Director Miller, to designate the General Manager as the District's representative for labor negotiations with the Yorba Linda Water District Employees Association pursuant to Subdivision (d) of Section 30580 of the California Water Code. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey being absent. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. Director's Reports Vice President DesRoches commented on a presentation at a recent Placentia City Council meeting regarding elected officials' interactions on social media and considerations associated with the Ralph M. Brown Act. Vice President DesRoches asked if the Board needed to consider adopting a similar policy. Staff will obtain a copy of the presentation to share with the Board and this topic will be added for discussion at a future meeting. Director Hawkins indicated that he would be absent for the first Board meetings in the months of March and May. Minutes of the YLWD Board of Directors Regular Meeting Held February 1, 2023 at 8:00 a.m. 2023-015 Brief discussion followed regarding the impact of AB 2449 for which General Counsel will provide a written report to the Board. President Barbre reported that he was working with a reporter at the OC Register on future articles. 11.2. General Manager's Report General Manager Toy referenced his report included in the agenda packet and briefly commented on his attendance at a reception for incoming MWDSC Chair, Adan Ortega. Discussion followed regarding the introduction of YLWD elected officials at this event. 11.3. General Counsel's Report None. 11.4. Future Agenda Items and Staff Tasks President Barbre noted that he would follow up regarding the formation of a joint agency committee with the Placentia-Yorba Linda Unified School District. Staff then responded to questions from President Barbre regarding the status of tasks discussed during the January 5, 2023 Board meeting. Director Miller requested staff include the fiscal impact of meeting future increases to OCWD's BPP in a future budget workshop or the next Financial Review Group meeting. President Barbre also requested staff coordinate with Townsend Public Affairs to provide the Board with an update regarding the local impact of President Biden's revisions to "Waters of the United States". 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD Miller / DesRoches - Next meeting will be scheduled when needed. 12.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches - Next meeting yet to be scheduled. 12.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches - Next meeting yet to be scheduled. 12.4. Joint Agency Committee with City of Brea Barbre / Lindsey - Initial meeting yet to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held February 1, 2023 at 8:00 a.m. 5 2023-016 12.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey - Initial meeting yet to be scheduled. 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1 Meetings from February 2 - March 31, 2023 14. CLOSED SESSION The Board entered closed session at 8:58 a.m. 14.1 Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Manager Employee Organization: Yorba Linda Water District Employees Association The Board returned from closed session at 10:30 a.m. No reportable action was taken. 15. ADJOURNMENT 15.1. The meeting was adjourned in the memory of Barbra Hofineyer at 10:30 a.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held February 1, 2023 at 8:00 a.m. 6