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HomeMy WebLinkAbout2022-12-13 - Board of Directors Meeting Minutes2. 3. 4. 5. 6 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, December 13, 2022, 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 6:30 p.m. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. ROLL CALL DIRECTORS PRESENT J. Wayne Miller, PhD, President Brett R. Barbre Trudi DesRoches Phil Hawkins Tom Lindsey 2022-142 STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources and Risk Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA General Manager Toy informed the Board that the monthly legislative update had been appended to his monthly report (Item No. 13.2.) and hard copies were distributed to the Board and made available to the public. He also noted that the annual homeland security briefing originally scheduled for this Board meeting had been deferred to the next meeting due to technical issues with the A/V system. SEATING OF DIRECTORS 6.1. Administration of Oaths of Office General Manager Toy administered the Oaths of Office for incoming Directors Brett R. Barbre, Phil Hawkins, and Tom Lindsey. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 2022-143 6.2. Reorganization of the Board of Directors and Appointment of Officers President Miller thanked the Board and staff for their hard work and support during the past year. The Board discussed nominations for the offices of President and Vice President. Director DesRoches nominated Director Barbre for the office of President. Director Hawkins nominated Director DesRoches for the office of Vice President. Director Hawkins made a motion, seconded by Director Lindsey, to appoint Director Brett R. Barbre as President and Director Trudi DesRoches as Vice President. Motion carried 5-0-0-0 on a roll call vote. The meeting was then turned over to President Barbre as the presiding officer. President Barbre thanked his supporters in the audience. Director Lindsey commended Director Miller for his service as President during 2022. City of Yorba Linda Mayor, Gene Hernandez, congratulated the new Board, thanked Brooke Jones for his service as Director, and commended Director Miller for his service as President. Al Nederhood, in his role as MWDOC Director, commended Brooke Jones for his service as Director for YLWD. General Manager Toy then recommended that the Board consider appointing Annie Alexander as the Secretary, Veronica Ortega as Assistant Secretary, and Delia Lugo as Treasurer. Director Lindsey made a motion, seconded by Director DesRoches, to appoint Annie Alexander as Secretary, Veronica Ortega as Assistant Secretary, and Delia Lugo as Treasurer. Motion carried 5-0-0-0 on a roll call vote. 7. ADJOURN TO PUBLIC FINANCING CORPORATION AND FINANCING AUTHORITY REGULAR MEETINGS The regular Board meeting was suspended at 6:44 p.m. to conduct the Public Financing Corporation and Financing Authority meetings. President Barbre noted that the Directors do not receive additional compensation for attending these meetings when held on the same day as a regular Board meeting. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 8. 9. 10. 2022-144 The regular Board meeting was reconvened at 6:46 p.m. INTRODUCTIONS AND PRESENTATIONS 8.1. Elected Official Liaison Reports These reports were provided during consideration of Item No. 6.2. PUBLIC COMMENTS Al Nederhood, resident, commended Brooke Jones for his service as Director for the District. He also commented on the content of a political campaign mailer and digital newsletters associated with the recent election. Brooke Jones, former Director, commended and thanked the Board and District staff for their accomplishments and dedication to protecting the health and safety of the community. CONSENT CALENDAR President Barbre requested to remove Item Nos. 10.1 and 10.2. and Director Miller requested to remove Item Nos. 10.5. and 10.6. from the agenda for separate consideration. Director Lindsey made a motion, seconded by Director Hawkins, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. 10.3. Status of Communications Activities Recommendation: That the Board of Directors receive and file the monthly communications activities report. 10.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,719,479.48. 10.7. Directors and General Manager Fees and Expenses Report for First 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 First Quarter of Fiscal Year 2022-23. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 2022-145 10.8. Notice of Completion for Stonehaven Water Main Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the Stonehaven Water Main Project, Job No. J-2018- 28. 10.9. Notice of Exemption for Main Street Sewer Replacement Project Recommendation: That the Board of Directors consent to file the Notice of Exemption with the Orange County Clerk -Recorder's Office. 10.10. Notice of Exemption for Timber Ridge Booster Pump Station Rehabilitation Project Recommendation: That the Board of Directors consent to file the Notice of Exemption with the Orange County Clerk -Recorder's Office for the Timber Ridge Booster Pump Station Rehabilitation Project. 10.11. Mitigated Negative Declaration for BNSF Waterline Crossing at Veterans Village and Highland Avenue Recommendation: That the Board of Directors: (1) adopt the proposed Initial Study and Mitigated Negative Declaration (IS/MND) and make a finding on the basis of the whole record that there is no substantial evidence that the project will have a significant effect on the environment and that the mitigated Negative Declaration reflects the Board of Directors' independent judgment and analysis; (2) adopt the Mitigation Monitoring and Reporting Program, and authorize staff to file a Notice of Determination for the project, and (3) determine that the Board Secretary is the custodian of the documents and materials which constitute the record of proceedings upon which the Board's decision is based and such documents and materials will be at the District's headquarters. 10.12. Terms and Conditions for Sewer Service with the City of Yorba Linda for Lakeview Avenue Sewer Improvements, Job No. J -2013-03S Recommendation: That the Board of Directors approve the Terms and Conditions for Sewer Service with the City of Yorba Linda for Lakeview Avenue Sewer Improvements, Job No. J -2013-03S. 10.13. Agreement with Base Hill, Inc. DBA Jan Point for Janitorial Services Recommendation: That the Board of Directors authorize the General Manager to enter into a Janitorial Services Agreement with Base Hill, Inc. DBA Jan Point for a 3 -year term beginning January 1, 2023 through December31, 2025 for an estimated total cost of $220,000. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 2022-146 10.14. Agreement with Brightview Landscape, Inc. for Landscape Maintenance Services Recommendation: That the Board of Directors authorize the General Manager to enter into a Landscape Maintenance Services Agreement with Brightview Landscape, Inc. for a 3 -year term beginning January 1, 2023 through December 31, 2025 for an estimated total cost of $125,000. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 10.1. Minutes of the Board of Directors Meeting Held November 16, 2022 President Barbre requested a copy of the revisions made to the encroachments policy as referenced in the minutes. Director Barbre made a motion, seconded by Director DesRoches, to approve the minutes as presented. Motion carried 4-0-1-0 on a roll call vote with Director Barbre abstaining. General Counsel Gagen and Assistant General Manager Davert clarified that the encroachments policy had been approved by the Board in substantial form with certain amendments to be made. Staff will provide President Barbre with a copy of the finalized policy and offered to bring it back to the Board for additional consideration if desired. 10.2. Reauthorizing Continuation of Virtual/Teleconference Board Meetings Discussion centered on whether the Board should continue holding Board meetings in a hybrid format and the level of public participation through virtual means. Director DesRoches suggested waiting until the Governor's state of emergency expires at the end of February 2023. Brief discussion followed regarding live streaming Board meetings. Staff noted there would be no cost to the District for this service. President Barbre opened the floor for public comment. Al Nederhood, in his role as MWDOC Director, commented on how other agencies were addressing this matter. Director DesRoches made a motion, seconded by Director Hawkins, to 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 (2) state and local officials continue to recommend measures to promote social distancing. Motion carried 4-1-0-0 on a roll call vote with Director Barbre voting No. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 2022-147 Director Miller requested staff prepare a summary report on the performance of District investments with PARS. President Barbre requested staff also report on the District's unfunded liabilities for OPEB and PERS. Director Miller made a motion, seconded by Director Hawkins, to approve Item Nos. 10.5. and 10.6. Motion carried 5-0-0-0 on a roll call vote. 10.5. Budget to Actual Statements for Month Ended October 31, 2022 Recommendation: That the Board of Directors receive and file the Budget to Actual Statements for Month Ended October 31, 2022. 10.6. Cash and Investment Reports for Month Ended October 31, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended October 31, 2022. 11. ACTION CALENDAR 11.1. Facilitation of Board Workshop Director Miller made a motion, seconded by Director DesRoches, to authorize the General Manager to engage BHI Management Consulting to facilitate a workshop meeting for a fixed fee of $3,200 plus the cost of reasonable travel and material expenses in the amount of approximately $700. Motion carried 5-0-0-0 on a roll call vote. 11.2. Board of Directors' Compensation President Barbre requested staff limit future surveys to water districts in Orange County and inquired about the two different compensation rates at Elsinore Valley MWD. Director Miller made a motion, seconded by Director DesRoches, that the Directors' current rate of compensation remain the some. Motion carried 5-0-0-0 on a roll call vote. 12. DISCUSSION ITEMS General Manager Toy noted that Item Nos. 12.1., 12.2, and 12.3. were associated with the status of goals assigned by the Board. Reports on the status of the other goals will be provided at future meetings. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 2022-148 12.1. YLWD Investment Strategy and Policy Staff briefed the Board on the status of District investment activities and requested direction from the Board to proceed with an RFP for investment advisory services. Discussion followed regarding the difference between investment advisory services versus financial advisory services and associated fees. President Barbre inquired about including Fitch Ratings in the RFP, split ratings, and compliance with the District's investment policy. Staff noted that the investment policy would be presented to the Board in May 2023 for annual review. It was the consensus of the Board for staff to proceed with issuance of the RFP. 12.2. OCWD Groundwater Basin Production Percentage (BPP) Staff reviewed the District's budget to actual water demands for fiscal year to date and the target BPP for fiscal year end. Staff also touched on the District's participation in OCWD's Coastal Pumping Transfer Program and responded to questions from the Board regarding the impact of iron and manganese at the District's PFAS Treatment Plant and cost -benefit evaluation of pre-treatment options. 12.3. Draft Memorandum of Understanding (MOU) with MWDSC for Construction of Helicopter Hydrant Staff reported on the status of this project, key points to be included in the MOU, and the preliminary schedule and budget. Brief discussion followed regarding the estimated project cost and feasibility of constructing two helicopter hydrants. 12.4. Board of Directors' Committee, Agency, and Intergovernmental Meeting Assignments President Barbre requested the Board submit their requested assignments for consideration at the next meeting. Director Lindsey requested the Board consider forming a non -advisory group for two Directors to meet with staff before the start of each regular meeting to enhance their familiarity with the District's finances. 12.5. Start Time for Regular Board Meetings General Manager Toy requested the Board consider changing the start time of regular meetings to 9:00 a.m. or 3:00 p.m. beginning in January 2023. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 7 2022-149 Discussion followed regarding the benefits and disadvantages of this proposal and the need for continuing to conduct some Board meetings in the evening. At the request of the Board, Mark Schock, resident, shared his thoughts regarding this matter and the level of public participation. Following further discussion, it was the consensus of the Board to amend the schedule for regular meetings to the first and third Thursdays of each month at 3:00 p.m. Director Hawkins noted he would have a schedule conflict for some of the meetings for the first few months of the year. General Manager Toy thanked the Board for their consideration. 13. REPORTS INFORMATION ITEMS. AND COMMENTS 13.1. Director's Reports Director Lindsey reported on his attendance at the Holiday on Main Street event in Yorba Linda. 13.2. General Manager's Report General Manager Toy congratulated Directors Barbre, Hawkins, and Lindsey for their success in the recent election. He also noted the District had been recognized as the Best Utility Service Provider for 2022 by the Yorba Linda Chamber of Commerce. President Barbre inquired about how many schools in PYLUSD had toured the PFAS Treatment Plant. He suggested forming a joint agency committee with representatives of PYLUSD to begin establishing a partnership. Staff noted that expanding outreach efforts with PYLUSD students was part of the District's community outreach plan to be presented to the Board at a future date. 13.3. General Counsel's Report None. 13.4. Future Agenda Items and Staff Tasks None. 14. COMMITTEE REPORTS 14.1. Interagency Committee with MWDOC and OCWD Next meeting will be scheduled when needed. Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 2022-150 14.2. Joint Agency Committee with City of Yorba Linda Minutes for meeting held Monday, November 7, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. 14.3. Joint Agency Committee with City of Placentia Minutes for meeting held Tuesday, October 25, 2022 at 4:00 p.m. will be provided when available. Next meeting yet to be scheduled. Director Lindsey and staff briefly reviewed topics discussed during the last committee meeting with City of Placentia. 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1 Meetings from December 14 - January 31, 2022 16. CLOSED SESSION The Board entered Closed Session at 8:22 p.m. 16.1. Conference with Legal Counsel -Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 16.2. Conference with Legal Counsel - Anticipation of 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 The Board returned to Open Session at 8:45 p.m. 17. REPORT FROM CLOSED SESSION General Counsel Gagen announced that no reportable action was taken by the Board of Directors during Closed Session. 18. ADJOURNMENT 18.1. The meeting was adjourned at 8:46 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held December 13, 2022 at 6:30 p.m. 9