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HomeMy WebLinkAbout2023-07-06 - Board of Directors Meeting Minutes1 2 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, July 6, 2023, 3:00 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 3:00 p.m. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. 4. ROLL CALL 5 DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins J. Wayne Miller, Ph.D. DIRECTORS ABSENT Tom Lindsey 2023-066 STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Jeff McDonald, Maintenance Superintendent Veronica Ortega, Assistant Board Secretary Jacqueline Segura, Human Resources Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA General Manager Toy noted that going forward, staff would be making a distinction between the Cielo Vista and Loma Vista developments, both by Lennar Homes, in District documents and reports. He also noted that staff received the June report and updated legislative matrix from Townsend Public Affairs the prior evening. Physical copies of these documents were made available to the Board and members of the public. 5.1. AB 2449 Teleconference Requests None. Minutes of the YLWD Board of Directors Regular Meeting Held July 6, 2023 at 3:00 p.m. 2023-067 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports Yorba Linda Council Member Janice Lim introduced Ryan Schwartz who commented on his interest in water. 7. PUBLIC COMMENTS None. 8. ACTION CALENDAR 8.1. Positions on Federal Legislation Discussion centered around the positive support of H.R. 188. Director DesRoches made a motion, seconded by Director Hawkins, to support H.R. 188 - Proven Forest Management Act of 2022. Motion carried 4-0-0-1 with Director Lindsey absent. 8.2. Amendments to Public Funds Investment Policy Richard Babbe, Senior Managing Consultant for PFM Asset Management, presented the proposed amendments to the policy which included updating and clarifying certain terminology and enabling the District to leverage the resources and expertise of an investment advisor. Discussion touched on expenses previously paid for bond counsel services and potential opportunities for recovery through investment returns. President Barbre requested that Section 9.1. of the policy be revised to reflect 24-hour notification when securities held by the District fall below the minimum credit ratings specified in Appendix A. He also requested that CalTRUST be removed as a permitted investment/deposit in Table 1 of Section 8.3. Discussion followed regarding asset-backed and mortgage-backed securities (ABS/MBS) and investment diversification. President Barbre requested that the District's portfolio limits for ABS/MBS and supranationals be lowered to 10% in Table 1 of Section 8.3 of the policy. He also requested that the investigation and due diligence for OCCIP as referenced in Section 4 of Appendix A be conducted in advance rather than deferring it until investment of District funds may be considered. He then noted that Section 5 of Appendix A could be removed if CalTRUST was removed from Table 1 of Section 8.3. Discussion continued regarding money market funds and split ratings. This topic will be revisited during the policy review process next fiscal year. It was the consensus of the Board to include the requested revisions in the policy. Minutes of the YLWD Board of Directors Regular Meeting Held July 6, 2023 at 3:00 p.m. 9 10. Director Hawkins made Resolution No. 2023 -XX revised and rescinding Director Lindsey absent. CONSENT CALENDAR 2023-068 a motion, seconded by Director Miller to adopt amending the Public Funds Investment Policy as Resolution No. 18-12. Motion carried 4-0-0-1 with Director Hawkins made a motion, seconded by Director DesRoches, to approve the Consent Calendar. Motion carried 4-0-0-1 with Director Lindsey absent. 9.1. Minutes of the Board of Directors Meetings Held May 18 - June 28, 2023 Recommendation: That the Board of Directors approve the minutes as presented. 9.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,349,619.09. 9.3. Budget to Actual Statements for Month Ended May 31, 2023 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ended May 31, 2023. 9.4. Cash and Investment Report for the Period Ended May 31, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended May 31, 2023. PUBLIC HEARING 10.1. Collection of Certain Sewer Maintenance Charges on Fiscal Year 2023-24 Tax Roll President Barbre opened the public hearing at 3:37 p.m. Assistant Board Secretary Ortega confirmed that the public hearing had been properly noticed. Staff explained that the sewer maintenance charges for certain properties were collected on the tax roll for which a public hearing and adoption of a resolution is required. President Barbre opened the floor for public comment on this matter for which there was none. Minutes of the YLWD Board of Directors Regular Meeting Held July 6, 2023 at 3:00 p.m. 3 2023-069 President Barbre closed the public hearing at 3:39 p.m. There was no further discussion. Director Miller made a motion, seconded by Director Hawkins, to adopt Resolution No. 2023 -XX electing to place Sewer Maintenance Charges on the property tax roll of certain properties for collection and remittance to the District, adopting the report to place said charges on the property tax roll for Fiscal Year 2023-24, and repealing Resolution No. 2022-26. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey absent. 10.2. Collection of Capital (Finance) Charges on Fiscal Year 2023-24 Tax Roll President Barbre opened the public hearing at 3:40 p.m. Assistant Board Secretary Ortega confirmed that the public hearing had been properly noticed. Staff explained that the capital finance charges, as described in the 2020 Rate Study, were collected on the property tax roll for which a public hearing and adoption of a resolution is required. President Barbre requested that a provision be added to the resolution to include a deadline of September 15'" each fiscal year for the disbursement of invoices where a distinct identifying county parcel number is not available. It was the consensus of the Board that this provision be included in the resolution. President Barbre opened the floor for public comment on this matter for which there was none. President Barbre closed the public hearing at 3:42 p.m. There was no further discussion. Director Miller made a motion, seconded by Director Hawkins, to adopt Resolution No. 2023 -XX as revised electing to place Capital (Finance) Charges on the property tax roll for collection and remittance to the District, adopting the report to place said charges on the property tax roll for Fiscal Year 2023- 24, and repealing Resolution No. 2022-27. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey absent. 11. ACTION CALENDAR CONTINUED 11.1. Amending Rules and Regulations for Water Service Minutes of the YLWD Board of Directors Regular Meeting Held July 6, 2023 at 3:00 p.m. 2023-070 Staff outlined the proposed amendments to the existing rules and regulations for water service which had been reviewed by legal counsel. Staff indicated that this document would be reviewed on an annual basis and any proposed amendments would be presented to the Board for consideration. Director DesRoches made a motion, seconded by Director Hawkins, to adopt Resolution No. 2023 -XX adopting the proposed Rules and Regulations for Water Service and rescinding Resolution Nos. 90-40 and 2021-39. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey absent. 11.2. Amending Rules and Regulations for Sewer Service Staff reviewed the proposed amendments to the existing rules and regulations for sewer service which had been reviewed by legal counsel. This document will be reviewed on the same recurrence as the previous item. Discussion followed regarding fees for connecting to the District's sewer system and the development of funding strategies for transitioning customers currently on septic. Director Miller made a motion, seconded by Director DesRoches, to adopt Resolution No. 2023 -XX adopting the proposed Rules and Regulations for Sewer Service and rescinding Resolution Nos. 80 and 17-14. Motion carried 4-0-0-1 on a roll call with Director Lindsey absent. 11.3. California Special Districts Association (CSDA) Board of Directors Election The Board reviewed the candidates and discussed supporting the current incumbent. Director Hawkins made a motion, seconded by Director DesRoches to support Arlene Schafer as a candidate in the 2023 CSDA Election for Seat C in the Southern Network for a 3 -year term and instruct staff to complete and submit the ballot on the Board's behalf. Motion carried 4-0-0-1 with Director Lindsey absent. 11.4. California Association of Sanitation Agencies (CASA) Board of Directors Election Director Hawkins made a motion, seconded by Director DesRoches to vote for the slate of candidates in the 2023 CASA Election for 3 -year terms. Motion carried 4-0-0-1 with Director Lindsey absent. Director Hawkins made a motion, seconded by Director DesRoches, to approve the CASA dues resolution. Motion carried 4-0-0-1 with Director Lindsey absent. Minutes of the YLWD Board of Directors Regular Meeting Held July b, 2023 at 3:00 p.m. 5 2023-071 12. DISCUSSION ITEMS 12.1. Proposed Update to 2021 Water and Sewer Rate Study Staff inquired as to the Board's preference for issuing an RFP/RFQ or to sole/single source engagement of a consultant for these services. It was the consensus of the Board to move forward with an RFP. Staff will work with legal counsel to ensure compliance with the District's purchasing policy. 12.2. Proposed Equestrian Easement at Highland Reservoir Staff briefed the Board on coordination efforts with the City of Yorba Linda regarding the proposed equestrian easement at Highland Reservoir. Discussion followed regarding the location of a proposed security fence, potential access issues, and balancing the desire for maintaining a rural atmosphere and securing the District's infrastructure. Staff was instructed to schedule a meeting for the Board and City officials to tour the proposed equestrian easement and extend an invitation to the adjacent property owners. 12.3. Capital Improvement Program Project Status General Manager Toy briefed the Board on the status of Capital Improvement Projects. President Barbre requested that commemorative plaques be installed at the Hidden Hills Booster Pump Station and Timber Ridge Boost Pump Station and to ensure that the fencing for Timber Ridge was compliant with District standards. 12.4. Proposed Amicus Brief Regarding California Restaurant Association v. City of Berkeley General Counsel Gagen reviewed the status of the case and noted that an amicus brief would be better suited for the League of California Cities. The estimated time for legal counsel to prepare such a document is 80 hours for a cost of $20K. Discussion followed regarding the potential impact on District operations. Staff was instructed to survey other natural gas -dependent agencies in Orange County to gauge their interest in sharing the costs for this expense. 13. REPORTS, INFORMATION ITEMS, AND COMMENTS 13.1. Director's Reports The Directors reported on their attendance at recent meetings and events. Minutes of the YLWD Board of Directors Regular Meeting Held July 6, 2023 at 3:00 p.m. 6 2023-072 Director Hawkins requested an agenda item in September to discuss the listing of active Board approved contracts valued at $75K+. He also suggested that each contract should be assigned a time frame for periodic review. President Barbre requested that the minutes from the June 1, 2023 Board meeting be amended to delete the statement indicating that staff was to draft a cordial letter under his signature to OCWD encouraging recognition of YLWD's partnership in future communications. President Barbre then inquired as to the status of various requests made during previous Board meetings. 13.2. General Manager's Report General Manager Toy did not have anything to add to his written report that was provided in the agenda packet. President Barbre requested staff obtain estimated costs for the construction of additional filling stations in place of the three construction meters being utilized by the City of Yorba Linda for street sweeping and landscaping purposes. 13.3. General Counsel's Report None. 13.4. Future Agenda Items and Staff Tasks No additional agenda items or tasks were requested. 14. COMMITTEE REPORTS 14.1. Interagency Committee with MWDOC and OCWD Miller / DesRoches - Next meeting will be scheduled when needed. 14.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches -Next meeting yet to be scheduled. 14.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches - Next meeting yet to be scheduled 14.4. Joint Agency Committee with City of Brea Barbre / Lindsey - Initial meeting yet to be scheduled. 14.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Linsey -Next meeting yet to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held July b, 2023 at 3:00 p.m. 2023-073 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1 Meetings from July 7 - August 31, 2023 16. CLOSED SESSION The Board entered Closed Session at 4:45 p.m. 16.1. 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 16.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Manager Unrepresented Employees: All Unrepresented Classifications 16.3. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Orange County Water District, et al. v. 3M Company, et al. (Orange County Superior Court - Case No. 30-2020-01 172419-CU-PL-CXC) 16.4. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 16.5. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager REPORT FROM CLOSED SESSION The Board returned from Closed Session at 5:40 p.m. No reportable action was taken. Minutes of the YLWD Board of Directors Regular Meeting Held July 6, 2023 at 3:00 p.m. 2023-074 17. ADJOURNMENT 17.1. The meeting was adjourned at 5:41 p.m. The next regular Board meeting is scheduled Thursday, July 20, 2023 at 3:00 p.m. Annie Alexander Recording Secretary Minutes of the YLWD Board of Directors Regular Meeting Held July b, 2023 at 3:00 p.m.