HomeMy WebLinkAbout2020-12-08 - Board of Directors Meeting Minutes (B) 2020-126
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, December 8, 2020, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. TELECONFERENCE INFORMATION
As noted on the agenda, this meeting was facilitated via teleconference pursuant to
Paragraph 3 of Executive Order N-29-20 issued by the Governor of California on
March 17, 2020.
2. CALL TO ORDER
The meeting was called to order at 6:31 p.m.
3. PLEDGE OF ALLEGIANCE
President Hawkins led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Phil Hawkins, President Brett R. Barbre, General Manager
Trudi DesRoches Doug Davert, Assistant General Manager
Brooke Jones John DeCriscio, Operations Manager
J. Wayne Miller, PhD Gina Knight, Human Resources and Risk Manager
Delia Lugo, Finance Manager
Rosanne Weston, Engineering Manager
Annie Alexander, Sr Exec Asst/Board Secretary
Alison Martin, Public Affairs Manager
Veronica Ortega, Executive Assistant
ALSO PRESENT Kaden Young, Sr Management Analyst
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. SEATING OF DIRECTORS
5.1. Administer Oaths of Office to Newly Elected Directors
President Hawkins noted that the Oaths of Office for newly elected Directors
DesRoches and Miller were performed prior to the meeting. He then offered
his congratulations to both Directors.
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5.2. Reorganization of the Board of Directors and Appointment of Officers
General Manager Barbre recommended the Board consider appointing Annie
Alexander as Secretary, Veronica Ortega as Assistant Secretary, and Delia
Lugo as Treasurer.
Director Jones made a motion, seconded by Director Miller, to appoint Annie
Alexander as Secretary, Veronica Ortega as Assistant Secretary, and Delia
Lugo as Treasurer for the next calendar year. Motion carried 4-0-0-0 on a roll
call vote.
Director Miller made a motion to have Director Hawkins continue as president
for the next calendar year.
Director Hawkins explained that the Board's tradition of rotating the
presidency and vice presidency would not be possible this year as the
previous vice president was no longer serving on the Board. Director Jones
spoke in favor of continuing the rotation and having the next Director in line
serve as president, which would be Director Miller. Director Miller explained
that he was unable to serve as president next year. Director Hawkins noted
that there was a previous occasion when the same Director served as
president for two consecutive years to provide the District with additional
stability following a natural disaster. Director DesRoches spoke in favor of
having Director Hawkins continue as president. Director Hawkins asked
Director Miller if was interested in serving as president the following calendar
year (2022). Director Miller indicated that he would be.
Director DesRoches seconded the motion.
Director Hawkins opened the floor to public comment for which there was
none.
Motion carried 4-0-0-0 on a roll call vote.
Director DesRoches made a motion, seconded by Director Jones, to
nominate Director Miller as Vice President for the next calendar year. Motion
carried 4-0-0-0 on a roll call vote.
Director Hawkins opened the floor to public comment for which there was
none.
5.3. Adjourn to Yorba Linda Water District Public Financing Corporation and
Financing Authority Regular Meetings
A recess was declared at 6:42 p.m. to conduct these meetings.
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The meeting reconvened at 6:45 p.m.
6. ADDITIONS/DELETIONS TO THE AGENDA
None.
7. INTRODUCTIONS AND PRESENTATIONS
7.1. Recognition of Outgoing Directors
General Manager Barbre explained that multiple elected officials were
participating in the meeting to honor former YLWD Directors Andrew Hall and
Al Nederhood for their four years of service on the Board. He noted that both
Directors had served on the District's Board for four years and that Director
Nederhood was elected to serve on the Board for the Municipal Water District
of Orange County (MWDOC) Division 1.
Proclamations from the Board of Directors and the following elected officials
were presented to former YLWD Directors Hall and Nederhood for their
service:
Yorba Linda City Council
Placentia City Council
Assembly Member Phillip Chen
Senator Diane Feinstein
Senator Ling Ling Chang
Representative Gil Cisneros
7.2. Elected Official Liaison Reports
MWDOC Director Nederhood reported on the Santa Ana River Conservation
and Conjunctive Use Program (SARCCUP) and Larry McKenney's
resignation from MWDOC/Metropolitan Water District of Southern California's
Board of Directors creating a vacancy.
Mayor Peggy Huang commented on collaborating with the District on the
Regional Housing Needs Assessment (RHNA) update.
7.3. Federal and State Legislative Update
Staff reported on the regional stay-at-home order issued by Governor
Newsom, the distribution schedule for COVID-19 vaccinations, and pending
legislation.
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8. PUBLIC COMMENTS
None.
9. CONSENT CALENDAR
Director Jones made a motion, seconded by Director DesRoches, to approve the
Consent Calendar. Motion carried 4-0-0-0 on a roll call vote.
9.1. Minutes of the Board of Directors Special and Regular Meetings Held
November 10, 2020
Recommendation: That the Board of Directors approve the minutes as
presented.
9.2. Amend District's Conflict of Interest Code
Recommendation: That the Board of Directors adopt Resolution No. 2020-XX
adopting a Conflict of Interest Code which supersedes all prior Conflict of
Interest Codes and amendments previously adopted.
9.3. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of$2,251,793.73.
9.4. Budget to Actual Reports for Month Ending October 31, 2020
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for Month Ending October 31, 2020.
9.5. Cash and Investment Report for Period Ending October 31, 2020
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for Period Ending October 31, 2020.
9.6. Unaudited Financial Statements for the First Quarter of FY21
Recommendation: That the Board of Directors receive and file the Unaudited
Financial Statements for First Quarter of FY21.
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9.7. Terms and Conditions for Water Service with Jimmy Nguyen
Recommendation: That the Board of Directors approve the Terms and
Conditions for Water Service with Jimmy Nguyen at 2234, 2236 and 2238
California Street, Placentia, Job No. 2020-58.
10. ACTION CALENDAR
10.1. Adjusting Certain Water Rates and Implementing Monthly Per and Poly-
fluoroalkyl Substances (PFAS) Impact Fee
Staff reviewed the adopted water production budget for FY21, revisions to the
water production plan based on multiple variables and adjusted projections,
and the recommended monthly PFAS Impact Fee structure for the remainder
of FY21 effective February 1, 2021.
Discussion followed regarding options for continuing to pump groundwater in
January and/or February, the Division of Drinking Water's (DDW) PFAS
notification levels, and potentially working with DDW to modify the District's
water operating plan and sampling schedule.
Staff noted that while the resolution for this item indicated the PFAS Impact
Fee would be collected through the end of CY21, the Board could choose to
adjust it at the beginning of FY22 as the new rate study will have been
completed.
Ken Tam, resident, thanked the Board and staff for their efforts in maintaining
public trust while fulfilling their fiduciary duties.
Director Jones made a motion, seconded by Director DesRoches, to approve
the water production plan, subject to Board instruction to staff as described
below, and adopt Resolution No. 2020-XX adjusting certain water rates
effective February 1, 2021, implementing a monthly per and poly-fluoroalkyl
substances (PFAS) impact fee effective February 1, 2021 to December 31,
2021, and rescinding Resolution No. 2020-09.
Staff was instructed to contact DDW regarding the feasibility of modifying the
District's water operating plan and sampling schedule in order to continue
pumping groundwater for the month of January and/or February and report
back to the Board.
Motion carried 4-0-0-0 on a roll call vote.
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10.2. Procedures for Filling a Vacancy on the Board of Directors
Staff reviewed the required notifications and options available for filling the
vacancy. The Board discussed whether to move forward with appointing
someone to the empty seat or calling a special election.
Director Jones made a motion, seconded by Director DesRoches to notify the
Orange County Registrar of Voters of a vacancy on the Board and move
forward with the process of appointing someone to fill the vacancy.
Ken Tam, resident, expressed an interest in applying for appointment.
Motion carried 4-0-0-0 on a roll call vote.
The Board then discussed the candidate recruitment and interview process
and determined to post a notice soliciting applications with a deadline for
submission of December 29, 2020 at 12:00 p.m. The Board scheduled
special meetings on January 5, 2021 and January 19, 2021 at 6:30 p.m. to
review candidate applications and conduct interviews respectively. The
Board instructed staff to notify previous members of and applicants for the
District's Ad Hoc Citizens Advisory Committee of the vacancy.
11. DISCUSSION ITEMS
11.1. Board of Directors' Compensation
The Board discussed the Directors' current compensation rate and
determined not to make any changes at this time.
11.2. Board of Directors' Committee, Agency, and Intergovernmental Meeting
Assignments
Director Hawkins suggested the Board consider keeping the same
assignments for the next calendar year and having Director DesRoches take
on one of the former Directors' assignments. Staff will redistribute the list of
meetings to the Board. General Manager Barbre requested feedback from
the Board regarding continuation of the District's interagency and joint agency
committees. The Board determined to keep the committees as previously
established and have them meet as needed rather than on a set schedule.
President Hawkins requested the Directors e-mail him their desired
assignments for Board consideration and approval at the next regular
meeting.
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11.3. Status of Engineering Activities and Construction of Per- and Polyfluoroalkyl
Substances (PFAS) Removal Groundwater Treatment Plant
Staff briefed the Board on the status of multiple engineering projects and
construction of the treatment plant.
11.4. Status of Operations Activities
Staff briefed the Board on the status of the Elk Mountain Backup Generator
Project.
11.5. Coronavirus Mitigation Efforts
This topic was combined with the General Manager's report.
12. REPORTS, INFORMATION ITEMS. AND COMMENTS
12.1. Directors' Reports
A list of meetings and events attended was included in the agenda packet.
12.2. General Manager's Report
General Manager Barbre stated that due to the length of the meeting he would
email his report to the Board. He also informed the Board of a request from
Kidman Gagen Law for a modest rate increase beginning next calendar year.
He noted that their rates have not changed since 2011.
12.3. General Counsel's Report
None.
12.4. Future Agenda Items and Staff Tasks
General Manager Barbre explained that he would be bringing an agenda item
to the next regular meeting for the Board to consider engaging limited term
representation in Sacramento for the purposes of securing funding for
construction of additional heli-hydrants and addressing issues related to air
quality and emergency backup generators.
13. COMMITTEE REPORTS
13.1. Interagency Committee with MWDOC and OCWD
■ Next meeting yet to be scheduled.
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13.2. Joint Agency Committee with City of Yorba Linda
■ Next meeting yet to be scheduled.
13.3. Joint Agency Committee with City of Placentia
■ Next meeting yet to be scheduled.
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1. Meetings from December 9, 2020 — January 31, 2021
The Board determined to cancel the workshop meeting on December 28,
2020 and made no other changes to the activity calendar.
15. ADJOURNMENT
15.1. The meeting was adjourned at 8:57 p.m.
Annie Alexander
Board Secretary
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