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Home My WebLink About2024-06-27 - Board of Directors Meeting Minutes 2024-063 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 27, 2024, 8:00 AM 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 8:00 a.m. 3. PLEDGE OF ALLEGIANCE Director Hawkins led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Tom Lindsey, Vice President Mark Toy, General Manager Brett R. Barbre Doug Davert, Assistant General Manager Gene Hernandez John DeCriscio, Operations Manager Phil Hawkins Delia Lugo, Finance Manager Lori Thompson, Human Resources and Risk Manager DIRECTORS ABSENT Annie Alexander, Board Secretary Trudi DesRoches, President Paige Appel, Budget Analyst Ariel Bacani, Assistant Engineer III Briana De La Cruz, Public Affairs Specialist Yvette Hanna, Senior Engineer Alicia Navarro, Assistant Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA (None) 6. AB 2449 TELECONFERENCE REQUESTS (None) 7. PUBLIC COMMENTS (None) 8. CLOSED SESSION The Board entered Closed Session at 8:02 a.m. Minutes of the YLWD Board of Directors Regular Meeting Held June 27,2024 at 8:00 a.m. 2024-064 8.1. Liability Claims Pursuant to Subsections 54956.9(d) and (e)(3) of the CA Government Code Claimants: Pascal & Ludwig Constructors and Mike Bubalo Construction Agency Claimed Against: Yorba Linda Water District. 8.2 Public Employee Performance Evaluation Pursuant to Section 54957 of the CA Government Code Title: General Manager The Board returned from Closed Session at 9:15 a.m. 9. REPORT FROM CLOSED SESSION General Counsel Gagen announced that no reportable action had been taken. 10. PUBLIC COMMENTS CONTINUED (None) 11. INTRODUCTIONS AND PRESENTATIONS 11.1. Elected Official Liaison Reports (None) 12. ACTION CALENDAR 12.1. Positions on State Legislation Staff recommended the Board consider supporting AB 2257 (Wilson) and SB 1218 (Newman), opposing AB 2557 (Ortega), and watching SB 1330 (Archuleta). Eric O'Donnell, Director for Townsend Public Affairs,reviewed key components of the bills. The Board voted 3-1-0-1 on a roll call to support AB 2257 (Wilson) with Director Barbre voting No and Director DesRoches absent. The Board voted 4-0-0-1 on a roll call to support SB 1218 (Newman) with Director DesRoches absent. The Board voted 4-0-0-1 on a roll call to oppose AB 2557 (Ortega) with Director DesRoches absent. The Board voted 4-0-0-1 to watch SB 1330 (Archuleta) with Director DesRoches absent. Minutes of the YLWD Board of Directors Regular Meeting Held June 27,2024 at 8:00 a.m. 2 2024-065 13. CONSENT CALENDAR Director Barbre requested to remove Item Nos. 13.2, 13.5, 13.7, and 13.8 from the Consent Calendar for separate action. Director Hernandez made a motion, seconded by Director Hawkins, to approve the remainder of the Consent Calendar. Motion carried 4-0-0-1 with Director DesRoches absent. 13.1. Minutes of the Board of Directors Meetings Held April 11 - 25, 2024 Recommendation: That the Board of Directors approve the minutes as presented. 13.3. Budget to Actual Statements for Month Ended April 30, 2024 Recommendation; That the Board of Directors receive and file the Budget to Actual Reports for the Month Ended April 30, 2024. 13.4. Cash and Investment Reports for Month Ended April 30, 2024 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Month Ended April 30, 2024. 13.6. Terms and Conditions with Placentia-Yorba Linda Unified School District, Wagner Elementary School Recommendation: That the Board of Directors approve the Terms and Conditions for WoterService with Placentia-Yorba Linda Unified School District, Wagner Elementary School, 717 East Yorba Linda Boulevard, J-2024-27. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 13.2. Payments of Bills, Refunds, and Wire Transfers Staff responded to questions from Director Barbre regarding a few items on the check register. Director Barbre requested a report on monies saved versus expended for the services provided by ProcureAmerica and a report on expenses for services provided by PSOMAS for work on the Green Crest Drive Acquisition and Highland Avenue Reservoir Access Road projects. The Board voted 4-0-0-1 to ratify and authorize disbursements in the amount of$4,606, 102. 11 with Director DesRoches absent. Minutes of the YLWD Board of Directors Regular Meeting Held June 27,2024 at 8:00 a.m. 3 2024-066 13.5. Appropriations Limit for Fiscal Year 2024-25 Director Barbre commented on some revisions to the staff report he had requested when this matter was considered last fiscal year. He requested those revisions be incorporated into the staff report and to remove the language "pursuant to Article XIIIB of the California Constitution and Government Code Section 7900 et seq.,as amended by Proposition 111" from Section 1 of the resolution. Director Barbre made a motion, seconded by Director Hawkins, to make the requested revisions to the staff report and approve Resolution No. 2024-XX as revised adopting the appropriations limit for Fiscal Year 2024-25. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. 13.7. 2024 Water Quality Report Director Barbre commented on a photo in the report featuring the Board and FPPC regulations associated with mass mailings sent at public expense. He suggested the photo be replaced with one featuring Dr. J. Wayne Miller, PhD, without the Board. Director Barbre made a motion,seconded by Director Lindsey, to receive and file the 2024 Water Quality Report with the requested revision and instruct staff to make it available on the District's website and submit it to the State Water Resources Control Board, Division of Drinking Water, pursuant to State and Federal law regarding electronic delivery. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. Vice President Lindsey requested General Counsel Gagen provide a report to the Board regarding the aforementioned FPPC regulations. 13.8. Request for Proposals for Labor and Employment Legal Counsel At the request of Director Barbre, staff confirmed that the contract for these services would be between the District and the selected firm. Director Barbre made a motion, seconded by Director Hawkins, to authorize staff to distribute a Request for Proposals (RFP) for Labor and Employment Legal Counsel. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. Minutes of the YLWD Board of Directors Regular Meeting Held June 27,2024 at 8:00 a.m. 4 2024-067 14. ACTION CALENDAR CONTINUED 14.1. Financial Reserves Policy for Fiscal Year 2024-25 Staff reviewed the incorporated revisions as discussed during a previous budget workshop and recommended funding the minimum target levels for all listed reserves. Vice President Lindsey requested a future agenda time to discuss reformating the reserves policy in preparation for the next rate study. Director Barbre made a motion, seconded by Director Hawkins, to adopt Resolution No. 2024-XX adopting a Financial Reserves Policy for Fiscal Year 2024-25 and rescinding Resolution No. 2023-14. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. 14.2. Green Crest Drive Property Acquisition Staff recommended that due to the estimated cost for repairs due to erosion, the Board consider halting the acquisition of the roadway and focus on protecting the District's pipelines within the existing easement. Director Barbre made a motion, seconded by Director Hernandez, to direct staff to discontinue pursuing the acquisition of the privately owned portion of Green Crest Drive adjacent to the District's Santiago Reservoir, Santiago Booster Pump Station and pipelines. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. Director Hawkins left the meeting at this time. 15. DISCUSSION ITEMS 15.1. Public Funds Investment Policy for Fiscal Year 2024-25 Staff explained that following annual review, no revisions to the current policy were being recommended. Director Barbre commented on a previous request to discuss ABS/MBS, supranationals, and split ratings as related to the policy.This topic was revisited under Item No. 16.4. Director Barbre made a motion, seconded by Director Hernandez, to retain the current policy. Motion carried 3-0-0-2 with Directors DesRoches and Hawkins absent. Minutes of the YLWD Board of Directors Regular Meeting Held June 27,2024 at 8:00 a.m. 5 2024-068 16. REPORTS INFORMATION ITEMS, AND COMMENTS 16.1. Director's Reports (None) 16.2. General Manager's Report General Manager Toy noted his report included in the agenda packet. Staff responded to questions from Director Barbre regarding the scheduling of a dedication ceremony for the Hidden Hills Booster Pump Station Project, the year referenced in a recent social media post associated with the Wells Fargo Heli-hydrant and Landing Zone, the District's partnership with the Nixon Presidential Library for the provision of branded bottled water, and working with local media and the CA Insurance Commissioner's office to highlight benefits of the District's heli-hydrants. Staff also responded to questions from Director Barbre regarding the reasons for the District's ballot for OC LAFCO's election not being cast. Discussion touched on how to prevent it from happening in the future including bringing the matter back to the Board and notifying the Board should there be a delay. 16.3. General Counsel's Report (None) 16.4. Future Agenda Items and Staff Tasks Director Barbre requested an agenda item to discuss split ratings as related to District investments. Vice President Lindsey commented on his previous request for an agenda item to discuss reformating the reserves policy. Director Barbre requested an agenda item to discuss promotion of the District's heli-hydrants. Discussion touched on the process for Directors' requests for agenda items. The Board voted 3-0-0-2 on a roll call to approve Director Lindsey's request for an agenda item to discuss reformatting the reserves policy with Directors DesRoches and Hawkins absent. Director Barbre made a motion, seconded by Director Lindsey, to approve Director Barbre's request for an agenda item to discuss the District's investment strategy and split ratings. Motion carried 3-0-0-2 on a roll call vote with Directors DesRoches and Hawkins absent. Director Barbre made a motion for an agenda item to discuss the promotion of District hell-hydrants. Motion failed for lack of a second. Minutes of the YLWD Board of Directors Regular Meeting Held June 27,2024 at 8:00 a.m. 6 2024-069 17. COMMITTEE REPORTS 17.1. Interagency Committee with MWDOC and OCWD DesRoches / Lindsey 17.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches 17.3. Joint Agency Committee with City of Placentia Lindsey / Hernandez 17.4. Joint Agency Committee with City of Brea Barbre / Hernandez 17.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez/ Barbre 18. BOARD OF DIRECTORS ACTIVITY CALENDAR 18.1. Meetings from June 28- July 31, 2024 19. ADJOURNMENT 19.1. The meeting was adjourned at 10:21 a.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held June 27,2024 at 8:00 a.m. 7