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HomeMy WebLinkAbout2023-12-12 - Board of Directors Meeting Minutes 2023-122 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, December 12, 2023, 7:30 a.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 7:30 a.m. 3. PLEDGE OF ALLEGIANCE Human Resources and Risk Manager Thompson led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Brett R. Barbre Mark Toy, General Manager Trudi DesRoches Doug Davert, Assistant General Manager Phil Hawkins John DeCriscio, Operations Manager Tom Lindsey Delia Lugo, Finance Manager Lori Thompson, Human Resources and Risk Manage Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Joanna Gonzalez, Public Affairs Officer ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA (None) 6. AB 2449 TELECONFERENCE REQUEST (None) PUBLIC COMMENTS (None) 7. CLOSED SESSION The Board entered Closed Session at 7:31 a.m. 7.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager Minutes of the YLWD Board of Directors Regular Meeting Held December 12,2023 at 7:30 a.m. 1 2023-123 7.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: Andrew Gagen, General Counsel Unrepresented Employee: General Manager The following items were also considered at this time. 19.1. 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 19.2. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Manager Unrepresented Employees: All Unrepresented Classifications 19.3. 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: YLWD v. Alex Winsberg (Orange County Superior Court - Case No. 30-2022-01284814-CU-IR-CJC) 8. REPORT FROM CLOSED SESSION The Board returned from Closed Session at 8:54 a.m. General Counsel Gagen announced that no reportable action was taken. 9. SEATING OF DIRECTORS AND APPOINTMENT OF OFFICERS 9.1. Reorganization of the Board of Directors and Appointment of Officers Director Barbre made a motion, seconded by Director Hawkins, to appoint Director DesRoches as President. and Director Lindsey as Vice President. Motion carried 4-0-0-0 on a roll call vote. The following items were taken out of order. 14. ACTION CALENDAR 14.2. Highland Reservoir Resident Input Staff provided some historical background on this matter and summarized the input received from responding residents including topics of concern. Staff recommended the Board consider securing the facility in the same manner as the District is doing across the entire service area. Minutes of the YLWD Board of Directors Regular Meeting Held December 12,2023 at 7:30 a.m. 2 2023-124 A resident commented on his previous interactions with staff regarding this matter and the temporary permitted use of his property for a soccer camp. He also shared his concerns regarding the planned installation of landscaping at his home, the road continuing to remain unpaved, and the time taken to resolve this matter. He then requested the Board reconsider staff's recommendation. Yorba Linda Council Member Gene Hernandez commented on the City's requirements concerning roads versus trails. Director Barbre summarized previous Board action taken on this matter. Discussion continued regarding City staff's proposal for an equestrian easement at the site and the lack of consensus between surrounding property owners on multiple aspects. The same resident stated that one of his three parcels was the only property impacted by the access road and that OCFA had not advised them to remove any trees. A second resident commented on current usage of the access road and spoke in favor of having access to the gate. A third resident commented on his previous interactions with OCFA regarding tree removal when constructing his home. Yorba Linda Council Member Gene Hernandez commented on the City's master plan for connecting all the equestrian trails, the life span of eucalyptus trees, and the language contained within the existing road easements. Staff reviewed the locations of the existing easements, proposed equestrian easement, existing equestrian trail, and the existing unpaved road. The first resident stated that if the existing road was to stay in its current location, he believed there was still room for a future equestrian trail. Director Barbre made a motion, seconded by Director Hawkins, directing staff to negotiate with the residents regarding paving, curbing, and ongoing maintenance of the access road up to the existing gate, and to come back to the Board with a proposal to address resident access to the gate, potential installation of a second gate at the end of the pavement, and the installation of additional security cameras at the site. Vice President Lindsey spoke in favor of taking these actions at this time as it may be several years before the City moves forward with the proposed equestrian easement. Motion carried 4-0-0-0. Minutes of the YLW D Board of Directors Regular Meeting Held December 12,2023 at 7:30 a.m. 3 2023-125 Director Hawkins left the meeting at 9:46 a.m. 15. DISCUSSION ITEMS 15.1. Capital Improvement Program (CIP) Project Status Staff reviewed the CIP budget including expended and projected expenses and the status of current projects. President DesRoches requested staff notify residents on social media regarding the status and expected completion of the Imperial Highway Waterline Project and its current impact on traffic. Director Barbre inquired as to plans for addressing issues at various facilities. Staff indicated these topics would be discussed with the CIP Review Group. General Manager Toy requested the Board consider the secondary action associated with Item No. 9.1. -Appointment of Officers. 9. SEATING OF DIRECTORS AND APPOINTMENT OF OFFICERS CONTINUED 9.1. Reorganization of the Board of Directors and Appointment of Officers Continued Director Barbre made a motion, seconded by Director Lindsey, to appoint Delia Lugo as Treasurer, Annie Alexander as Board Secretary, and the future Administrative Assistant as Assistant Board Secretary. Motion carried 3-0-0-1 with Director Hawkins being absent. 10. ADJOURN TO FINANCING AUTHORITY 1 PUBLIC FINANCING CORP MEETINGS Director Barbre clarified that the Directors would not receive additional compensation for participating in these meetings. The meeting was adjourned to the Financing Authority and Public Financing Corporation Regular Meetings at 10:05 a.m. The meeting was resumed at 10:07 a.m. 11. INTRODUCTIONS AND PRESENTATIONS 11.1. Elected Official Liaison Reports (None) 12. PUBLIC COMMENTS (None) 13. CONSENT CALENDAR Director Barbre inquired as to an expense listed for payment under Item No. 13.1. Minutes of the YLWD Board of Directors Regular Meeting Held December 12,2023 at 7:30 a.m. 4 2023-126 Director Barbre made a motion, seconded by Director Lindsey, to approve the Consent Calendar. Vice President Lindsey noted that the Financial Review Group had requested one of the future budget workshops focus on District reserves. Motion carried 3-0-0-1 with Director Hawkins being absent. 13.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$2,661,466.56. 13.2 Budget to Actual Statements for Period Ended October 31, 2023 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for Period Ended October 31, 2023. 13.3. Cash and Investment Report for the Period Ended October 31, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended October 31, 2023. 13.4. Amendments to Encroachments Policy Recommendation: That the Board of Directors adopt Resolution No. 2023-XX adopting, in its substantial form, an amended Encroachments Policy, and rescinding Resolution No. 2022-33. 14. ACTION CALENDAR CONTINUED 14.1. Request for Proposals (RFP) for General Legal Counsel Services Staff reviewed the amendments incorporated in the draft RFP. Director Barbre requested the following firms be invited to respond to the RFP: Brownstein Hyatt Farber & Schreck Best, Best & Krieger Aleshire & Wynder Atkinson, Andelson, Loya, Ruud & Romo Rutan &Tucker Frost Brown Todd AlvaradoSmith Director Barbre made a motion, seconded by Director Lindsey, to instruct staff to distribute the Request for Proposals for General Legal Counsel Services. Motion carried 3-0-0-1 with Director Hawkins being absent. Minutes of the YLWD Board of Directors Regular Meeting Held December 12,2023 at 7:30 a.m. 5 2023-127 16. REPORTS, INFORMATION ITEMS AND COMMENTS 16.1. Director's Reports The Directors reported on their attendance at recent meetings and events. Vice President Lindsey commended the Finance Department for their support of the Financial Review Group. Director Barbre requested staff schedule a future presentation on the Pure Water program and its impact on District operations. President DesRoches commended staff on being recognized as Best Utilities Service Provider at the Best of Yorba Linda Awards. Vice President Lindsey thanked Director Barbre for his service as President in 2023. 16.2. General Manager's Report (Included in the agenda packet.) 16.3. General Counsel's Report (None) 16.4. Future Agenda Items and Staff Tasks Director Barbre requested an item on the December 19, 2023 Board meeting agenda to consider a letter of support for the appointment of former Director Andy Hall to the U.S. Environmental Protection Agency's Environmental Financial Advisory Board. President DesRoches suggested the Board consider formally recognizing J. Wayne Miller, Ph.D. for his service as Director. Director Barbre proposed renaming the PFAS Water Treatment Plant in Dr. Miller's honor. Vice President Lindsey suggested a letter be sent to Dr. Miller inquiring as to his interest in doing so. Staff will draft a letter for Board consideration at the December 19, 2023 Board meeting. 17. COMMITTEE REPORTS 17.1. Interagency Committee with MWDOC and OCWD / DesRoches- Next meeting will be scheduled when needed. 17.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches-Next meeting will be scheduled when needed. 17.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches- Next meeting will be scheduled when needed. 17.4. 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 December 12,2023 at 7:30 a.m. 6 2023-128 17.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey- Next meeting will be scheduled when needed. 18. BOARD OF DIRECTORS ACTIVITY CALENDAR 18.1 Meetings from December 13, 2023-January 31, 2024 The Board reviewed the activity calendar. 19. CLOSED SESSION CONTINUED The Board considered these items in conjunction with the earlier Closed Session. 20. REPORT FROM CLOSED SESSION CONTINUED This report was provided earlier in the meeting. 21. ADJOURNMENT 21.1. The meeting was adjourned at 10:31 a.m. in the memory of Hon. Kelly Rowe, Director for OCWD. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held December 12,2023 at 7:30 a.m. 7