HomeMy WebLinkAbout2023-11-21 - Board of Directors Meeting Minutes1.
2.
3.
4.
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, November 21, 2023, 8:30 a.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 8:30 a.m.
PLEDGE OF ALLEGIANCE
Human Resources Analyst Jacqueline Segura led the pledge.
ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Brett R. Barbre, President Mark Toy, General Manager
2023-109
Trudi DesRoches, Vice President
Phil Hawkins
John DeCriscio, Operations Manager
Delia Lugo, Finance Manager
Tom Lindsey
ALSO PRESENT
Lori Thompson, Human Resources and Risk Manage
Rosanne Weston, Engineering Manager
Annie Alexander, Board Secretary
Jacqueline Segura, Human Resources Analyst
Joanna Gonzalez, Public Affairs Officer
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
President Barbre noted that Director J. Wayne Miller, Ph.D. had resigned from the
Board which would be addressed later in the agenda.
5.ADDITIONS/DELETIONS TO THE AGENDA
General Manager Toy noted the following amendments to the agenda packet:
Item No. 11 .2.
Item No. 11.11.
Item No. 12. l .
Description for the disbursement to ACWA-JPIA should indicate
the period of 10/01 /23 -09 /30/24.
Needs to be removed from the agenda as the contractor has
raised an issue that is currently under staff review.
A cost estimate for a potential election was distributed to the
Board and made available to the public.
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m.
2023-110
6.AB 2449 TELECONFERENCE REQUESTS (None)
7.PUBLIC COMMENTS (None)
General Manager Toy recognized Human Resources Analyst Jacqueline Segura for
being nominated as Employee of the Quarter for the first quarter of FY23-24.
8.ACTION CALENDAR
8.1. Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2023
Staff introduced Riley Greenlee, Assurance Manager for Lance, Soll &
Lungard, LLP, who reviewed the interim and year-end fieldwork phases of the
audit process. He noted that the District received an unmodified auditor's
opinion and summarized the results of the audit, changes from the prior fiscal
year, and key financial highlights.
President Barbre requested the reference to "City" be changed to "District"
on the cover letter of the Independent Auditors' Report.
Mr. Greenlee then responded to questions regarding the purpose of various
referenced GASB Statements and standard audit practices.
President Barbre requested the following additional amendments:
Letter to the Board of Directors and Customers
Page 2
Page 3
Page 4
Page 6
Change Board meetings held "monthly" to "bi-monthly".
Change "helicopter hydrants" to "heli-hydrants".
Include note that "sewer maintenance charge" for sewer-only
customers collected on property tax roll.
Change fully operational month/year for PFAS Treatment Plant
from "April 2023" to "April 2022".
Change effective date of approved 5-year rate structure from
"July 1, 2022" to "July 1, 2021 ".
Director Barbre made a motion, seconded by Director Hawkins, to receive
and file the Yorba Linda Water District Annual Comprehensive Financial
Report for the Fiscal Year Ended June 30, 2023 including the requested
amendments. Motion carried 4-0-0-0.
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 2
The following items were taken of order.
10.INTRODUCTIONS AND PRESENTATIONS
10.1. Elected Official Liaison Reports
2023-111
Yorba Linda Mayor Gene Hernandez commented on the positive benefits of
joint agency committee meetings with YLWD and status of the Yorba Linda
Housing Element.
Placentia-Yorba Linda Unified School District Board Vice President Leandra
Blades commented on a recent presentation by Mayor Hernandez and the
proposed establishment of the Orange County School of Computer Science
as a district-affiliated conversion charter school.
10.2. Funding Strategies for Transitioning Customers on Septic to Sewer Collection
Staff introduced Paul Jones, P.E. and Jon Wells, P.E. of Dopudja & Wells, who
outlined a proposal for conducting a Due Diligence Study for potential
development of a septic to sewer conversion program for the District. This
included an overview of related considerations and complexities of such a
program in the District's service area, key objectives and scope of the Study,
and associated project budget and schedule.
Discussion touched on the estimated number of customers on septic in
surrounding communities as compared to the District, potential need for
extending the District's existing sewer lines, environmental circumstances
resulting in mandated conversion, incentives for customer conversion, and
the potential need for forming a sewer assessment district.
Director Lindsey made a motion, seconded by Director Hawkins, instructing
the General Manager to engage Dopdja & Wells to conduct a Due Diligence
Study for a total fee not to exceed $54,575. Motion carried 4-0-0-0.
President Barbre requested staff ensure that preliminary cost information for
implementation of a septic to sewer conversion program is available for
consideration during the FY24-25 budget process.
12.ACTION CALENDAR CONTINUED
12.4. Review of Encroachment Policy
Gonzalo Diaz, resident, inquired as to the applicability of this policy to the
proposed equestrian easement at Highland Reservoir and commented on his
recent discussions with staff.
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 3
13.
2023-112
General Manager Toy clarified that this agenda item was for review of the
District's Encroachment Policy and that feedback from residents regarding
the proposed equestrian easement and other related matters would be
presented for Board consideration and direction to staff at the regular
meeting currently scheduled for December 14, 2023.
Staff provided a brief overview of previous easement inspection efforts.
Director Lindsey made a motion, seconded by Director Hawkins, to make no
changes to the Encroachment Policy and for the Board to review the policy
on an annual basis.
President Barbre suggested that the policy be amended in Section 1.1. to
include "agreements and agreements approved by minute action"; and that
Section 3.2. reference "recorded" versus "written" easement. He also inquired
as to why the City would be investigating and enforcing unpermitted
encroachments as described in Section 4. 1 ., and suggested the policy
include a procedure for staff to conduct follow-up site inspections.
General Counsel Gagen suggested that Section 3.2. reference "written
and/or recorded" easement.
Motion carried 4-0-0-0 to adopt the policy including the suggested
amendments.
DISCUSSION ITEMS
13.1. Community Engagement and Outreach Activities
Staff introduced Brian Lochrie, President, and Kelsey Eiben, Vice President, of
CommunicationsLAB, and reviewed the District's communications goals,
objectives, strategies, and recent outreach activities. Ms. Eiben provided an
overview of the District's social media engagement efforts including the video
series. Discussion touched on increasing the visibility of District capital
improvement projects. Staff then reviewed planned outreach activities.
Discussion continued on additional outreach activities and projects to be
considered including.the installation of informational plaques on walking trails
near District facilities and infrastructure tours for the public.
12.ACTION CALENDAR CONTINUED
12.1. Filling Vacancy on Board of Directors
President Barbre reviewed the options available for filling the vacancy on the
Board. Discussion followed regarding filling the vacancy by appointment and
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 4
2023-113
the schedule for posting the notice of vacancy, reviewing candidate
applications, interviewing applicants, and appointing a successor.
Director Lindsey made a motion, seconded by Director DesRoches, to fill the
vacancy by appointment, post the notice of vacancy and application for
appointment today, Tuesday, November 21, 2023 (due by December 27,
2023); review candidate applications on Monday, December 11, 2023 at
10:00 a.m.; perform first interviews on Tuesday, December 19, 2023 at 3:00
p.m.; perform second interviews on Thursday, January 4, 2024 at 9:00 a.m. if
needed, and appoint a successor at the regular Board meeting on Thursday,
January 11, 2024 at 8:30 a.m. Motion carried 4-0-0-0.
President Barbre announced that Vice President DesRoches would be serving
on the CIP Review Group in light of former Director Miller's resignation.
9.ADJOURN TO YORBA LINDA FINANCING AUTHORITY REGULAR MEETING
The meeting was adjourned to the Financing Authority Regular Meeting at l 0:28 a.m.
The meeting was reconvened at 10:31 a.m.
11.CONSENT CALENDAR
President Barbre inquired as to the need for purchasing additional insurance for the
employee benefits fair. Staff will obtain this information and report back to the Board.
Director Hawkins made a motion, seconded by Director DesRoches, to approve the
Consent Calendar with the previously noted amendment to Item No. 11.2. and
exclusion of Item No. 11. 11. Motion carried 4-0-0-0.
11.1. Minutes of the Board of Directors Meetings Held September 7 -October 19, 2023
Recommendation: That the Board of Directors approve the minutes as
presented.
11.2. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $4,890,587.72.
11.3 Unaudited Financial Statements for the First Quarter of Fiscal Year 2023-24
Recommendation: That the Board of Directors receive and file the Unaudited
Financial Statements for the First Quarter of Fiscal Year 2023-24.
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 5
2023-114
11.4. Cash and Investment Report for the Period Ended September 30, 2023
Board of receive
Report for Period 30, 2023.
11.5. Directors and General Manager Fees and Expenses Report for the First Quarter
of Fiscal Year 2023-24
Board of
for Quarter of
Year
11.6. Terms and Conditions for Water Service with TIG 8 LLC for Tract 19183
Board of
for for
11.7. Award of Construction Contract for Fiscal Year 2023-24 Sewer CIPP
Rehabilitation Project
Board of
for PP
for
11.8. Notice of Exemption for Camino De Bryant Waterline Replacement Project
Phase l
Board of of
Recorder's for
No.
11.9. Notice of Exemption for Fiscal Year 2023-24 Pressure Regulating Stations
Replacement Project
Board of of
Orange for Pressure
11.10. Notice of Completion for BNSF Waterline Crossing at Veterans Village and
South Highland A venue Project
Board of
of for
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 6
2023-115
The following item was removed from the agenda.
11.11. Notice of Completion for Well 22 Equipping Project
Recommendation: That the Board of Directors authorize staff to file the /'.'otice
of Completion for the WeU 22 Equipping Project, Job !'lo. 2009 22 #22.
12.ACTION CALENDAR CONTINUED
12.2. Amending Board of Directors Policies and Procedures Manual (Manual)
General Manager Toy explained that based on General Counsel Gagen's
email to the Board dated November 13, 2023, staff and Counsel were
recommending the Board adopt the proposed amendments to the Manual
to ensure that the District has a Harassment, Discrimination, Retaliation
Prevention Policy (HDRP) that governs Board conduct. He also introduced
Danny Yu, Partner, at Liebert Cassidy Whitmore, who was available for any
related questions.
Discussion followed regarding the proposed investigation process and
potential alternatives, the results of the survey of other agencies' HDRP policies
and copies thereof, the sufficiency of referencing Director compliance with
all local/state laws and regulations pertaining to HDRP, addressing due
process for a Director who may be the subject of a complaint, and ensuring
that the Board retained the authority to govern itself.
General Manager Toy noted that the purpose of the proposed amendments
to this section of the Manual was to articulate a process for handling a
complaint against a Director to help mitigate the District's liability exposure.
Discussion continued regarding the proposed responsibility for initiating an
investigation and engaging an outside investigator, deferring cons ideration
of this matter until after the vacancy on the Board is filled, and reference
made to a separate HDRP policy applicable to District employees. Also
discussed were procedures currently contained within the Manual addressing
the process for handling allegations of misconduct and their sufficiency, and
other governmental agencies' inclusion of provisions applicable to elected
officials in their employee HDRP policies.
Consideration of this matter was deferred to the regular Board meeting on
Thursday, January 25, 2024. Copies of other agencies' HDRP policies will be
included in the agenda packet. (Consideration of this matter was
subsequently rescheduled for consideration at the Thursday, February 22, 2024
regular Board meeting.)
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 7
14.
12.3. Request for Proposals (RFP) for General Legal Counsel Services
2023-116
Staff explained the purpose for engaging independent legal counsel to
review the draft RFP and noted the proposed schedule for selection of a firm
and awarding a contract. Discussion followed regarding the proposed scope
of services and whether labor expertise should be compulsory versus highly
desirable, the proposed required qualifications, identification of sub
consultants, and the creation of a temporary sub-committee to review the
submitted RFP's. Also discussed was requiring representation in Sacramento
and Washington D.C., experience with California labor, public contract,
prevailing wage, and health and safety regulations, in addition to familiarity
with the state budget process. Further discussion touched on having broad
requirements and qualifications to encourage firm participation in the RFP
process.
Directors will forward their proposed revisions to staff for incorporation in a
second draft of the RFP for consideration at the regular Board meeting on
Thursday, December 14, 2024. (This meeting was subsequently rescheduled to
Tuesday, December 12, 2024.)
REPORTS. INFORMATION ITEMS, AND COMMENTS
14.1. Director's Reports (None)
Director Lindsey requested staff contact Yorba Linda Council Member Carlos
Rodriguez regarding AQMD's proposed rule on emissions from linear
generators.
14.2. General Manager's Report (Included in the agenda packet.)
President Barbre requested staff provide Townsend Public Affairs' reports to
the Board each month.
14.3. General Counsel's Report (None)
14.4. Future Agenda Items and Staff Tasks (None)
15.COMMITTEE REPORTS
15.1. lnteragency Committee with MWDOC and OCWD
Miller / DesRoches -Next meeting will be scheduled when needed.
15.2. ·Joint Agency Committee with City of Yorba Linda
Lindsey / DesRoches -Next meeting will be scheduled when needed.
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 8
2023-117
15.3. Joint Agency Committee with City of Placentia
Lindsey/ DesRoches - Next meeting will be scheduled when needed.
15.4. Joint Agency Committee with City of Brea
Barbre / Lindsey -Initial meeting yet to be scheduled.
15.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District
Barbre/ Lindsey-Next meeting will be scheduled when needed.
16.BOARD OF DIRECTORS ACTIVITY CALENDAR
16.1 Meetings from November 22 -December 31, 2023
16.2. Rescheduling Regular Board Meeting on Thursday, December 14, 2023 at 8:30
a.m. to Tuesday, December 12, 2023 at 8:00 a.m.
Due to a schedule conflict, the Board agreed to reschedule the meeting.
16.3. Scheduling Dedication Ceremony for Well No. 22
This event was scheduled for Monday, December 11, 2023 at 2:00 p.m.
17.CLOSED SESSION
The Board entered Closed Session at 11 :26 p.m.
17.1. 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
17.2. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: General Manager
Unrepresented Employees: All Unrepresented Classifications
17.3. Conference with Legal Counsel -Existing Litigation
Pursuant to Paragraph ( l) of Subdivion ( d) of Section 549 56. 9 of the California
Government Code
Name of Case: YLWD v. Alex W insberg (Orange County Superior Court-Case
No. 30-2022-01284814-CU-OR-CJC)
17.4. Conference with Legal Counsel -Existing Litigation
Pursuant to Paragraph ( l) 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. 30-2020-01172419-CU-PL-CXC)
Minutes of the YLWD Board of Directors Regular Meeting Held November 21, 2023 at 8:30 a.m. 9
2023-118
17.5. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
17.6. 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
18.REPORT FROM CLOSED SESSION
The Board returned from Closed Session at 2:00 p.m. No reportable action was taken.
A special Board meeting was scheduled Monday, November 27, 2023 at 3:00 p.m.
19.ADJOURNMENT
19.1. The meeting was adjourned at 2:00 p.m.
::4Mdd�� Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held November 21. 2023 at 8:30 a.m. 10