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MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, January 5, 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 DesRoches led the pledge.
ROLL CALL
DIRECTORS PRESENT
Brett R. Barbre, President
Trudi DesRoches, Vice President
Phil Hawkins
Tom Lindsey
J. Wayne Miller, PhD
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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 (Departed at 3:43 p.m.)
Art Kidman, General Counsel, Kidman Gagen Law LLP (Arrived at 3:43 p.m.)
ADDITIONS DELETIONS TO THE AGENDA
None.
INTRODUCTIONS AND PRESENTATIONS
6.1. Recognition of Brooke Jones, Outgoing Director, for 6 Years of Service to
YLWD
Director Miller presented former Director Jones with a proclamation in
recognition of his service on the Board of Directors.
Minutes of the YLWD Board of Directors Regular Meeting Held January 5, 2023 at 3:00 p.m.
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Mr. Jones expressed his appreciation for the Board and commended staff for
their work.
Al Nederhood, resident, also expressed his appreciation for former Director
Jones' and his dedication to the District.
6.2. Recognition of J. Wayne Miller, PhD, for his Service as YLWD Board President
During 2022
Director Lindsey presented Director Miller with a proclamation in recognition
of his service as Board President during 2022.
6.3. Recognition of Trudi DesRoches, Director, for 31 Years of Service to MWDSC
President Barbre presented Vice President DesRoches with a proclamation in
recognition of her many years of service with MWDSC.
Yorba Linda Mayor Gene Hernandez also presented Vice President
DesRoches with a proclamation and commended her for her long-term
service with MWDSC.
6.4. Elected Official Liaison Reports
Mayor Hernandez commented on how it was a pleasure working with the
District and wished the Board and staff well during the upcoming year.
Leandra Blades, Vice President of PYLUSD, expressed her interest in
collaborating with the District to conduct infrastructure tours for students.
President Barbre acknowledged that PYLUSD was the District's second-
largest customer and noted the proposed formation of a joint agency
committee between YLWD and PYLUSD.
Director Miller commented on coordinating with PYLUSD to mentor students
in the manufacturing and engineering program at Esperanza High School.
PYLUSD Vice President Blades indicated that she would follow up with
management regarding this suggestion. President Barbre noted that a
recent YLWD retiree had come to the District through the local Regional
Occupational Program and suggested exploring a partnership with the local
center.
7. PUBLIC COMMENTS
Al Nederhood, resident, commented on the content of political campaign mailers
associated with the recent election.
Minutes of the YLWD Board of Directors Regular Meeting Held January 5, 2023 at 3:00 p.m. 2
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S. CLOSED SESSION
The Board entered closed session at 3:22 p.m.
8.1. Annual Homeland Security Briefing Regarding Public Services or Facilities
Pursuant to Subdivision (a) of Section 54957 of the California Government
Code
Consultation with General Manager
8.2. 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: Irvine Ranch Water District v. Orange County Water District,
et al. (Los Angeles County Superior Court - Case No. BS 168278)
General Counsel Gagen left the meeting at this time.
9. REPORT FROM CLOSED SESSION - ANTICIPATED TO BEGIN AT 3:45 PM
The Board returned from closed session at 3:43 p.m. and General Counsel Kidman
joined the meeting at this time.
President Barbre announced that no reportable action had been taken during
closed session.
10. CONSENT CALENDAR
Directors Miller requested to remove Item No. 10.4. from the consent calendar for
separate consideration.
Director Lindsey made a motion, seconded by Director Miller, to approve the
remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote with
Director Barbre voting no on Item No. 10.2.
10.1. Minutes of the Board of Directors Meeting Held December 13, 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
10.2. 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.
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10.3. Amending Schedule for Regular Board Meetings
Recommendation: That the Board of Directors adopt Resolution No. 2023 -XX
amending the schedule for regular Board meetings.
10.5. Budget to Actual Statements for Month Ended November 30, 2022
Recommendation: That the Board of Directors receive and file the Budget to
Actual Statements for Month Ended November 30, 2022.
10.6. Cash and Investment Report for Month Ended November 30, 2022
Recommendation: That the Board of Directors receive and file the Cash and
Investment Reports for Month Ended November 30, 2022.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
10.4. Payments of Bills, Refunds, and Wire Transfers
Director Miller inquired about a large wire transfer to Southern California
Edison (SCE). Staff explained this amount included payment for service to the
new meter at the PFAS water treatment plant during FY21-22. The invoices
had not been sent on time due to a new billing program and workflow
process at SCE. Staff noted that significant efforts were made to obtain the
invoices as soon as possible.
President Barbre asked about expanding the use of wire transfers for
payment of other expenses. Staff is looking into transitioning to ACH for all
accounts payable and will be performing a cost -benefit analysis for potential
implementation in FY24-25, if not sooner.
President Barbre also inquired about the status of collecting capital finance
charges on the property fax roll. Staff reported that the District had received
an apportionment in December of approximately 60%. Supplemental billings
will be distributed in the next month.
Director Miller made a motion, seconded by Director DesRoches, to ratify
and authorize disbursements in the amount of $2,851,759.89. Motion carried
5-0-0-0 on a roll call vote.
11. ACTION CALENDAR
11.1. Board of Directors' Committee, Agency, and Intergovernmental Meeting
Assignments
Minutes of the YLWD Board of Directors Regular Meeting Held January 5, 2023 at 3:00 p.m.
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President Barbre noted that three Directors had expressed an interest in
serving on OCSan's Board of Directors and recommended that Director
Hawkins serve as the primary representative and Director Lindsey as the
alternate. Director Miller commented on his initial interest in serving as the
primary representative for OCSan and volunteered to serve as the primary
representative on ACWA-JPIA's Board of Directors. The Board then reviewed
the proposed assignments for attendance at city council meetings and
determined to continue to rotate. Vice President DesRoches volunteered to
serve as the alternate representative on ACWA-JPIA's Board.
Director DesRoches made a motion, seconded by Director Miller, to appoint
Director Hawkins as the primary representative on OCSon's Board of Directors
and Director Lindsey as the alternate.
Director Lindsey and Director Hawkins briefly discussed attendance at an
upcoming special OCSan Board meeting.
President Barbre restated the original motion clarifying that the proposed
assignments would be as presented with the following modifications: (1) the
Directors listed for City Council meetings would attend the next scheduled
meeting after which Directors would rotate; (2) Director Hawkins would serve
as primary representative on OCSan's Board of Directors with Director Lindsey
serving as alternate; and that Director Miller would serve as the primary.
representative on ACWA-JPIA's Board of Directors with Director DesRoches
serving as alternate. President Barbre stated that Director DesRoches had
already made a motion that was seconded by Director Miller and then
called for the vote. Motion carried on a roll call vote 5-0-0-0.
12. DISCUSSION ITEMS
12.1. Draft Calendar for Development of Fiscal Year 2023-24 Budget
Staff reviewed key elements of the budget development process and the
draft calendar for budget workshops. Discussion followed regarding status of
the compensation study and negotiations for a new memorandum of
understanding with the bargaining unit. President Barbre requested staff
provide the Board with a copy of the deal points from the previous meet and
confer process. Discussion also touched on the negotiation process involving
the Board, General Manager, and bargaining unit. President Barbre
requested a closed session be scheduled to begin the meet and confer
process.
12.2. Scheduling Board Workshop Meeting
Following brief discussion, the Board determined to schedule the workshop
meeting with Brent Ives from BHI Consulting on Monday, February 27, 2023 at
7:00 a.m.
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12.3. Status of CalPERS Net Pension and Other Post -Employment Benefits (OPEB)
Funded Liabilities and Public Agency Retirement Services (PARS) Funding
Staff reviewed the coverage percentages of the District's funded liabilities,
the performance of investments held at PARS, and various investment
strategies.
13. REPORTS, INFORMATION ITEMS, AND COMMENTS
13.1. Director's Reports
Director Hawkins asked about potential replacement of logos on the exterior
of the PFAS water treatment plant and Wells Fargo heli -hydrant. Discussion
followed regarding options for replacement and long-term protection of the
logos and underlying coating. This matter will be agendized at a future
regular meeting for Board consideration.
The remaining Directors reported on key topics discussed during recent
meetings and events they had attended.
President Barbre requested a future agenda item to review a previously
adopted resolution supporting balanced energy solutions and maintaining
local control of energy solutions. He also requested staff prepare an agenda
item for the Board to consider a resolution concurring in the nomination of
Fred Bockmiller for re-election to the ACWA-JPIA Executive Committee.
13.2. General Manager's Report
General Manager Toy's report was included in the agenda packet.
President Barbre requested staff look into whether the federal funding for the
Green Crest Lift Station Rehab Project was considered a State and Tribal
Assistance Grant (STAG).
13.3. General Counsel's Report
General Counsel Kidman commented on his long standing working
relationship with the District.
13.4. Future Agenda Items and Staff Tasks
President Barbre requested staff define what constitutes "other income"
when considering the District's revenue. Staff responded to questions from
the Board regarding reimbursement from OCWD for the first year of
operational costs for the PFAS Water Treatment Plant and the possibility of
conducting a rate study on the commodity charge in July 2023. Director
Minutes of the YLWD Board of Directors Regular Meeting Held January 5, 2023 at 3:00 p.m.
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Miller commented on recommendations for travel expense reimbursement
rates. Staff will look into the matter and report back to the Board. Director
Lindsey requested the Financial Review Group meet 45 minutes before each
next regular Board meeting. This meeting will be added to the group
members' calendars.
14. COMMITTEE REPORTS
14.1. Interagency Committee with MWDOC and OCWD
Next meeting will be scheduled when needed.
14.2. Joint Agency Committee with City of Yorba Linda
Next meeting yet to be scheduled.
14.3. Joint Agency Committee with City of Placentia
Next meeting yet to be scheduled.
15. BOARD OF DIRECTORS ACTIVITY CALENDAR
15.1 Meetings from January 6, 2023 - February 28, 2023
16. ADJOURNMENT
16.1. The meeting was adjourned at 5:20 p.m.
Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held January 5, 2023 at 3:00 p.m.