HomeMy WebLinkAbout2024-07-11 - Board of Directors Meeting Minutes 2024-070
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, July 11, 2024, 8:30 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 8:30 a.m.
3. PLEDGE OF ALLEGIANCE
President DesRoches led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Trudi DesRoches, President Mark Toy, General Manager
Tom Lindsey, Vice President Doug Davert, Assistant General Manager
Brett R. Barbre Delia Lugo, Finance Manager
Phil Hawkins Lori Thompson, Human Resources and Risk Manager
Gene Hernandez Rosanne Weston, Engineering Manager
Annie Alexander, Board Secretary
Brianna De La Cruz, Public Affairs Specialist
Jeff McDonald, Maintenance Superintendent
Alicia Navarro, Assistant Board Secretary
ALSO, PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. ADDITIONS/DELETIONS TO THE AGENDA (None)
G. AB 2449 TELECONFERENCE REQUESTS (None)
President DesRoches suggested moving Item No. 10.3. to the beginning of the meeting.
Director Barbre made a motion, seconded by Director Lindsey, to move Item No. 10.3. to
the beginning of the meeting. Motion carried 5-0-0-0.
10. ACTION CALENDAR
10.3. California Special Districts Association (CSDA) Board of Directors Election
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Jo MacKenzie, Director for Vista Irrigation District, commented on her
professional experience and candidacy in the upcoming CSDA Board of
Directors election and requested the District's support.
Director Barbre made a motion, seconded by Hernandez, to vote for Jo
MacKenzie, Director for Vista Irrigation District, in the 2024 CSDA Election for
Seat A in the Southern Network for a 3-year term and instruct staff to complete
and submit the ballot on the Board's behalf. Motion carried 5-0-0-0 on a roll
call vote.
7. INTRODUCTIONS AND PRESENTATIONS
7.1 Elected Official Liaison Reports (None)
7.2 Introduction of New Hire
General Manager Toy introduced Dell Do, newly hired Engineering/GIS Intern,
and provided an overview of his educational and professional experience.
8. PUBLIC COMMENTS (None)
9. CONSENT CALENDAR
Director Barbre requested to remove Item No. 9.8. from the Consent Calendar for
separate action.
Director Lindsey made a motion to approve the remainder of the Consent Calendar.
Director Hernandez recused himself from voting on Agenda Item Nos. 9.3. and 9.5.
Director DesRoches recused herself from voting on Item No. 9.5. Director Hawkins
seconded the motion. Motion carried 5-0-0-0.
9.1. Minutes of the Board of Directors Meetings Held May 16, 2024
Recommendation: That the Board of Directors approve the minutes as
presented.
9.2. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of$1,340,524.44.
9.3. Budget to Actual Statements for the Month Ended May 31, 2024
Recommendation: That the Board of Directors receive and file the Budget to
Actual Reports for the Month Ended May 31, 2024.
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9.4. Cash and Investment Reports and Graphs for Month Ended May 31 , 2024
Recommendation: That the Board of Directors receive and file the Cash and
Investment Reports for the Month Ended May 31, 2024.
9.5. Amendment to Professional Services Agreement with Townsend Public Affairs
Recommendation: That the Board of Directors approve Amendment No. 2 to
the Professional Services Agreement with Townsend Public Affairs dated
August 1, 2022, to extend the term through June 30, 2025, effective July 1,
2024.
9.6. Terms and Conditions with Brian Hoyt and Alain Howard for Waterline
Relocation
Recommendation: That the Board of Directors approve the Terms and
Conditions with Brian Hoyt and Alain Howard for waterline relocation at 2525
Rose Drive, Placentia, Job No. J-2024-37.
9.7. Notice of Exemption for Camino De Bryant Waterline Replacement Phase 2
Project
Recommendation: That the Board of Directors consent to filing the Notice of
Exemption with the Orange County Clerk Recorder's office for the Camino De
Bryant Waterline Replacement Phase 2 Project, Job No. J-2024-32.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION
9.8. Notice of Completion for Elk Mountain Booster Pump Station Leak Repair
Discussion touched on the funding source identified in the agenda report.
Staff clarified that the source should have been listed as "Pay-go" and not
"Bond Proceeds". Discussion followed regarding the project.
Director Barbre made a motion, seconded by Director Lindsey, to authorize
staff to file the Notice of Completion for the Elk Mountain Booster Pump Station
Leak Repair Project, Job No. J-2023-33, with the correction to the agenda
report. Motion carried 5-0-0-0.
10. ACTION CALENDAR CONTINUED
10.1. Collection of Capital (Finance) Charges on Fiscal Year 2024-25 Tax Roll
President DesRoches opened the Public Hearing at 8:45 a.m.
Minutes of the YLWD Board of Directors Regular Meeting Held July 11,2024,at 8:30 a.m. 3
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Staff presented verification that the hearing had been properly noticed.
Discussion followed on whether the Yorba Linda Star was still in existence and
if clarification was needed to indicate that the notice was published in the
Orange County Register instead. Staff will research the matter.
Staff then reviewed the purpose of the Capital Finance Charges and the
procedural requirement for adopting a resolution to collect said charges on
the property tax roll.
President DesRoches opened the floor to public comment on this matter for
which there was none.
President DesRoches closed the Public Hearing at 8:52 a.m.
Director Hernandez made a motion, seconded by Director Barbre, to adopt
Resolution No. 2024-XX electing to place Capital (Finance) Charges on the
property tax roll for collection and remittance to the District, adopting the
report to place said charges on the property tax roll for Fiscal Year 2024-25,
and repealing Resolution No. 2023-l 9.
Staff responded to questions regarding the total amount to be collected, the
number of parcels that would receive a manual invoice, and whether the
total amount being collected would fully cover the District's capital finance
payments.
Motion carried 5-0-0-0 on a roll call vote.
10.2. Collection of Certain Sewer Maintenance Charges on Fiscal Year 2024-25 Tax Roll
President DesRoches opened the Public Hearing at 8:54 a.m.
Staff presented verification that the hearing had been properly noticed.
President DesRoches opened the floor to public comment on this matter for
which there was none.
President DesRoches closed the Public Hearing at 8:55 a.m.
It was noted that customers connected to the District's sewer system and
receiving water service from Golden State Water Company were eligible to
vote in elections for members of the Board.
Director Barbre made a motion, seconded by Director DesRoches, to adopt
Resolution No. 2024-XX electing to place Sewer Maintenance Charges on the
property tax roll of certain properties for collection and remittance to the
District, adopting the report to place said charges on the property tax roll for
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Fiscal Year 2024-25, and repealing Resolution No. 2023-18. Motion carried
5-0-0-0 on a roll call vote.
10.4. Identification of Agency Designated Representative for Labor Negotiations
Director Hernandez made a motion, seconded by Director Hawkins, to
designate General Counsel Gagen as the representative for labor
negotiations with the General Manager. Motion carried 5-0-0-0.
11. DISCUSSION ITEMS
11.1. Lead Sampling of Drinking Water in K-12 Schools
Discussion touched on historical lead sampling activities and preparations for
compliance with the State's pending revisions to the Lead and Copper Rule.
This topic will be discussed at a future joint committee meeting with PYLUSD.
Discussion continued regarding draft language in the regulation delineating
the District's responsibilities and those of the schools/daycares and the
estimated cost for the previous installation of additional sampling stations.
Staff will provide a presentation to the Board once the State's revisions have
been finalized.
11.2. Investment Strategy- Permissible Forms of Investment and Split Ratings
Staff responded to questions concerning the District's investment portfolio in
regard to supranationals, ABS/MBS, and split ratings. Staff offered to have
representatives from PFM Asset Management available at a future meeting if
desired.
11.3. Revising Reserve Policy- Formatting of Policy for Reserves
Discussion focused on options for simplifying the District's Reserves Policy,
minimum and maximum reserve funding levels, and restricted versus
unrestricted reserves. These topics will be discussed in more detail during a
Board workshop meeting on Thursday, August 22, 2024. Staff will prepare
options and recommendations for Board consideration during that meeting.
11.4. Developing a Value Proposition for the YLWD
Discussion of this matter was deferred to a future Board meeting.
12. REPORTS, INFORMATION ITEMS, AND COMMENTS
12.1. Director's Reports (None)
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12.2. General Manager's Report
General Manager Toy and staff responded to questions regarding the well-
siting study, reordering branded bottled water for the Nixon Library, whether
YLWD had been fined for two sanitary sewer system overflows in the previous
fiscal year, and the timeline for the completion of punch list items and startup
of the emergency backup generator at the Hidden Hills Booster Pump Station.
12.3. General Counsel's Report (None)
12.4. Future Agenda Items and Staff Tasks
Director Barbre requested an agenda item to consider taking a position on SB
1255 and Proposition 4. He also asked about the status of evaluating the
impacts of Making Conservation a California Way of Life on the District.
Director Hernandez requested an agenda item for his delegation as the
District's voting representative at the upcoming League of California Cities
conference. It was noted that the District was not a member of this
organization therefore no agenda item would be necessary.
Director Barbre asked about the status of installing informational QR codes at
District facilities. It was suggested that staff have a sample ready for the
upcoming Open House following which the Board could consider installation
at other facilities.
Director Hernandez asked if there was any need for his attendance at the
upcoming League of California Cities conference. Staff offered to research
whether special districts were eligible to be members of the organization.
Director Hernandez indicated that he would not attend if that was not the
case.
13. COMMITTEE REPORTS
13.1. Interagency Committee with MWDOC and OCWD
DesRoches / Lindsey
13.2. Joint Agency Committee with City of Yorba Linda
Lindsey / DesRoches
13.3. Joint Agency Committee with City of Placentia
Lindsey / Hernandez
13.4. Joint Agency Committee with City of Brea
Barbre / Hernandez
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13.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District
Hernandez/ Barbre
14. BOARD OF DIRECTORS ACTIVITY CALENDAR
14.1. Meetings from July 12- August 31, 2024
President DesRoches asked if there was a need to conduct a Board meeting
on Thursday, July 25, 2024, and if not,whether the Board would like to consider
canceling it. There was no objection to canceling this meeting.
General Manager Toy confirmed that Item No. 11.4. would be brought back
to the Board at the meeting on Thursday, August 8, 2024.
15. CLOSED SESSION
The Board entered Closed Session at 9:59 a.m.
15.1. 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: Orange County Water District, et al. v. 3M Company, et al.
(Orange County Superior Court- Case No. 30-2020-01 172419-CU-PL-CXC)
15.2 Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: General Counsel
Unrepresented Employee: General Manager
16. REPORT FROM CLOSED SESSION
The Board returned from Closed Session at 10:30 a.m. No reportable action was
taken.
17. ADJOURNMENT
17.1. The meeting was adjourned at 10:30 a.m.
Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held July 11,2024,at 8:30 a.m. 7