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HomeMy WebLinkAbout2023-04-06 - Board of Directors Meeting Minutes1. 2. 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 6, 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 Miller led the pledge. 4. ROLL CALL 5. 6. DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins Tom Lindsey J. Wayne Miller, PhD 2023-032 STAFF PRESENT Doug Davert, Assistant General Manager Gina Knight, Human Resources and Risk Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager John Brundahl, Production Superintendent Malissa Muttaraid, Interim Public Affairs Officer Vivian Lim, Human Resources Analyst Annie Alexander, Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/ DELETIONS TO THE AGENDA Assistant General Manager Davert requested to defer the presentation for Item No. 10.1 to a future meeting as staff had received new information regarding the project. President Barbre stated that the presentation could be postponed, but that he would like to leave the item on the agenda for brief discussion. ACTION CALENDAR 6.1. Request for Concurring Nomination Resolution for Association of California Water Agencies (ACWA) President Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 2023-033 Director Miller made a motion, seconded by Director DesRoches, to adopt Resolution No. 2023 -XX in support of the nomination of Cathy Green, President of OCWD, as a candidate for the position of ACWA President. Motion carried 5-0-0-0. 6.2. Positions on State Legislation Director Hawkins made a motion, seconded by Director Lindsey, to take the following positions on legislation: SUPPORT. AB 62 (Mathis - R) - Statewide water storage: expansion; AB 234 (Bauer -Kahan) - Microparticles; AB 246 (Popon) - Menstrual products: perfluoroalkyl and poly-fluoroalkyl substances (PFAS); SB 23 (Caballero) - Water supply and flood risk reduction projects: expedited permitting; and SB 366 (Caballero) - Stakeholder advisory committee for California Water Plan. WATCH: AB 557 (Hart) - Open meetings: local agencies: teleconferences; and AB 1628 (McKinnor) - Microfiber filtration. OPPOSE: AB 838 (Connolly) - Water affordability and infrastructure, SB 3 (Dodd) - Discontinuation of residential water service: community water system; SB 48 (Becker) - Water usage data; and AB 1637 (Irwin) - Local governments: information security. NO ACTION: SB 414 (Allen) - Drought -tolerant landscaping: local incentive programs: synthetic grass: artificial turf. Motion carried 5-0-0-0. Staff will bring these bills back to the Board for reconsideration should there be substantial changes in the language. Staff will also schedule a presentation regarding switching to a .gov domain at a future Board meeting. Additionally, staff will work with Townsend Public Affairs to generate a matrix of key proposed legislation and positions taken by other relevant agencies. 6.3. Implementation of Assembly Bill 2449 Director Lindsey made a motion, seconded by Director Hawkins, to include means for remote public access on all meeting agendas as standard practice and have a standing item on the agenda titled "AB 2449 Teleconference Requests" for the Board to consider Directors' requests for remote participation for just cause or emergency circumstances. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 2023-034 7. INTRODUCTIONS AND PRESENTATIONS 7.1. Elected Official Liaison Reports Yorba Linda Mayor Gene Hernandez reported on the Yorba Linda First Responder's Breakfast, his attendance at a recent Water Education for Latino Leaders conference, delays with the widening of Bastanchury Road due to recent rainfall, and status of the Cielo Vista housing development project. Staff was tasked with working with the City of Yorba Linda to scheduled the next joint agency committee meeting and agendize discussion of the horsetrail project at Highland Reservoir. 8. PUBLIC COMMENTS None. 9. CONSENT CALENDAR Director Lindsey requested to remove Item No. 9.6. from the Consent Calendar for separate action. Director Miller also requested to remove Item No. 9.4. Director DesRoches made a motion, seconded by Director Hawkins, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0. 9.1. Minutes of the Board of Directors Meetings Held February 16 - March 16, 2023 Recommendation: That the Board of Directors approve the minutes as presented. 9.2. General Manager Attendance at American Academy of Water Resource Engineers (AAWRE) Diplomat Awards Ceremony Recommendation: That the Board of Directors approve the payment and/or reimbursement of fees and expenses for the General Manager's attendance at the AAWRE awards ceremony on Monday, May 23, 2023. 9.3. Payment of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,704,333.65. 9.5. Cash and Investment Reports for Month Ended February 28, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Period Ended February 28, 2023. Minutes of the YLW D Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 3 2023-035 9.7. Change Order for Hidden Hills Booster Pump Station Upgrades Project Construction Contract Recommendation: That the Board of Directors authorize staff to issue a change order in the amount of $499,760 for the Hidden Hills Booster Pump Station Upgrades Project Construction Contract. 9.8. Notice of Exemption for Imperial Waterline Improvement Project Recommendation: That the Board of Directors consent to filling the Notice of Exemption (NOE) with the Orange County Clerk Recorder's Office for the Imperial Waterline Improvement Project. 9.9. Declaration of Restrictive Covenants with the Property Owners of 4732 Palm Avenue, Yorba Linda Recommendation: That the Board of Directors authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with property owners of 4732 Palm Avenue, Yorba Linda, subject to approval as to form by General Counsel. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 9.4. Budget to Actual Statements for the Month Ended February 28, 2023 Staff responded to questions from Director Miller regarding decreased water revenue in comparison to projections. Discussion regarding topics to be covered during the upcoming budget workshop were briefly discussed. Director Miller made a motion, seconded by Director Hawkins, to receive and file the Budget to Actual Reports for the Month Ended February 28, 2023. Motion carried 5-0-0-0. 9.6. Award of Construction Contract for Mountain View Waterline Replacement Project Staff responded to questions from Director Lindsey regarding the age of the waterline. Director Lindsey made a motion, seconded by Director Director DesRoches, to award the Construction Contract for the Mountain View Waterline Replacement Project to GCI Construction, Inc. for $745,325.00, Job No. J- 2022-48. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 2023-036 10. DISCUSSION ITEMS 10.1. Helicopter Hydrant Project at Robert B. Diemer Water Treatment Plant This presentation was deferred to the next regular Board meeting. Discussion touched on use of the term "heli -hydrant" versus "helicopter" hydrant. It was the consensus of the Board to refer to the Marc Marcantonio and Wells Fargo facilities as "heli -hydrants" followed by the trademark symbol in written materials. Future facilities will be referred to as "helicopter" hydrants if non- proprietary equipment is used in the construction. Discussion also touched on Brown Act requirements related to a majority of the Board participating in facility inspection tours. 11. REPORTS, INFORMATION ITEMS AND COMMENTS 11.1. Director's Reports The Director's reported on their attendance at the listed events. Director Lindsey invited the Board to an upcoming energy policy conference. 11.2. General Manager's Report General Manager Mark Toy's report was included in the agenda packet. 11.3. General Counsel's Report None. 11.4. Future Agenda Items and Staff Tasks President Barbre inquired as to the status of multiple due outs and included in the General Manager's report and scheduled agenda items. Staff was tasked with providing a list of Board approved contracts over $75K including the total amounts and terms. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD Miller / DesRoches - Next meeting will be scheduled when needed. 12.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches - Next meeting yet to be scheduled. 12.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches - Next meeting yet to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m. 2023-037 12.4. Joint Agency Committee with City of Brea Barbre / Lindsey - Initial meeting yet to be scheduled. 12.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey - Initial meeting is scheduled Wednesday, May 31, 2023 at 9:00 a.m. at YLWD 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1 Meetings from April 7, 2023 - May 31, 2023 14. CLOSED SESSION The Board entered Closed Session at 5:08 p.m. 14.1. 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: Irvine Ranch Water District v. Orange County Water District, et al. (Los Angeles County Superior Court - Case No. BS168278) 14.2. Conference with Legal Counsel - Anticipated 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 from closed session at 5:57 p.m. 15. REPORT FROM CLOSED SESSION No reportable action was taken during Closed Session. 16. ADJOURNMENT 16.1. The meeting was adjourned at 5:57 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held April 6, 2023 at 3:00 p.m.