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Home My WebLink About2023-06-15 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, June 15, 2023, 3:00 p.m. 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 3:00 p.m. 3. PLEDGE OF ALLEGIANCE Director Miller led the pledge. 4. ROLL CALL 5. DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Tom Lindsey Phil Hawkins J. Wayne Miller, Ph.D. 2023-060 STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Ariel Bacani, Assistant Engineer III Veronica Ortega, Assistant Board Secretary Alex Ramirez, Safety Officer ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA None. 5.1. AB 2449 Teleconference Requests None. ' 6. - PUBLIC COMMENTS None. Minutes of the YLWD Board of Directors Regular Meeting Held June 15, 2023 at 3:00 p.m. 1 7. 2023-061 General Manager Toy introduced Alex Ramirez, newly hired Safety Officer. Mr. Ramirez provided a brief summary of his professional experience. ACTION CALENDAR 7.1. Positions on Federal Legislation Ben Goldeen, Federal Advocacy Manager for Townsend Public Affairs, summarized the intent of the listed bills. Director Hawkins made a motion, seconded by Director Miller, to support S. 1427 - Agriculture PFAS Liability Protection Act, S. 1429 - Resources Management PFAS Liability Protection Act, S. 1430 - Water Systems PFAS Liability Protection Act, and S. 1432 - Fire Suppression PFAS Liability Protection Act, and S. 1433 - Airports PFAS Liability Protection Act. Mr. Goldeen then responded to questions from the Board regarding the potential for additional proposed legislation related to PFAS liability protection. Motion carried 5-0-0-0. President Barbre requested a future agenda item for the Board to consider taking a position on H.R. 188. and the creation of a federal bill matrix. 7.2. Memorandum of Understanding (MOU) with Metropolitan Water District of Southern California (Metropolitan) for Joint Heli -hydrant Project General Manager Toy noted that Metropolitan had requested references to the term "heli -hydrant" in the MOU be reverted to "helicopter hydrant". Vice President DesRoches inquired as to whether Metropolitan intended to construct and maintain a helipad and if such language should be specifically called out. President Barbre requested the addition of a provision to address the eventuality of USFS not approving Metropolitan as a sub -recipient of the grant to avoid the project from being canceled. He also requested language to be added for construction of a commemorative plaque, the application of both agencies' logos on the facility, and access to the facility for future tours. Director Hawkins made a motion, seconded by Director DesRoches to authorize the General Manager to execute an MOU with Metropolitan, including the requested revisions subject to approval as to form by legal counsel, for the District's participation in the joint heli -hydrant project at the Robert B. Diemer Treatment Plant. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held June 15, 2023 at 3:00 p.m. 2023-062 7.3. 2023 Water Quality Report Discussion touched on content included in the report and content to include in future reports. Staff will present next year's report to the Board on an earlier timeline. Director Lindsey made a motion, seconded by Director Hawkins to approve the 2023 Water Quality Report 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 5-0-0-0. 7.4. First Amendment to Professional Services Agreements (PSAs) for On -Call Geotechnical Services Staff reviewed how the District utilizes on-call combined agreements for professional services. Director Miller requested the addition of clarifying language, to the agreements to address management of the combined award amount.. Director Miller made a motion, seconded by Director Hawkins to authorize staff to amend the PSAs with Hushmand Associates, Inc. and Leighton Consulting, Inc. as revised to increase the not -to -exceed amount of the combined agreements by $150,000 for a new not -to -exceed combined amount of $500,000. Motion carried 5-0-0-0. 7.5. Financial Reserves Policy for Fiscal Year 2023-24 Staff reviewed the status of reserves and recommendations from the District's municipal advisors regarding the proposed formation of a reserve to address potential shortfalls in the collection of Capital Finance Charges. President Barbre suggested that future reporting on reserve' status indicate which amounts are unrestricted versus restricted. Director Hawkins made a motion, seconded by Director Miller to adopt Resolution No. 2023 -XX adopting a Financial Reserves Policy for Fiscal Year 2023-24 and rescinding Resolution No. 2022-15. Motion carried 5-0-0-0 on a roll call vote. 7.6. Amendments to Public Funds Investment Policy Staff reviewed the proposed revisions to the policy including recommendations made by PFM Asset Management. Following discussion, the Board determined to defer consideration of this item to thenext regular meeting and requested staff arrange to have PFM Asset Management present to respond to questions. Minutes of the YLWD Board of Directors Regular Meeting Held June 15, 2023 at 3:00 p.m. 3 2023-063 7.7. Amendments to Purchasing Policy Staff reviewed the proposed revisions to the policy including the addition of procurement procedures pertaining to federal grants. President Barbre requested that Section 3.16 identify CalCard as the .procurement card, Section 9.5. identify the applicable employee policies, and Section 13.1 indicate the policy was to be reviewed at least on an annual basis. Director DesRoches made a motion, seconded by Director Hawkins to adopt Resolution No. 2023 -XX amending the Purchasing Policy and rescinding Resolution No. 2022-16. Motion carried 5-0-0-0 on a roll call vote. 7.8. Claim for Damages Filed by Theresa Tallon Staff reviewed the circumstances associated with the claim and the recommended action. Director Hawkins made a motion, seconded by Director DesRoches to reject the claim filed by Theresa Tallon and refer the claim to ACWA JPIA for further handling. Motion carried 5-0-0-0. Director Miller requested a future agenda item to discuss staff's recommended projects to reduce expenses. Vice President DesRoches inquired as to the status of the Water Master Plan update. Staff anticipates bringing the report to the Board in September. Director Hawkins requested staff brief the Board on the proposed consolidation of MWDOC and OCWD. President Barbre requested a future agenda item to consider support for candidates in the upcoming ACWA and ACWA Region 10 elections. President Barbre also requested staff present a draft response to the OC Grand Jury Report within 60 days. Director Lindsey requested staff explore potential benefits of participation in a solar parking structure program which would be paid for and managed by the vendor. President Barbre requested staff organize a tour of the District's heli -hydrants for Yorba Linda Mayor Gene Hernandez. 8. CLOSED SESSION The Board entered Closed Session at 4:45 p.m. 8.1. 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 8.2. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Minutes of the YLWD Board of Directors Regular Meeting Held June 15, 2023 at 3:00 p.m. u 2023-064 Name of Case: YLWD v. Alex Winsberg (Orange County Superior Court - Case No. 30-2022-01284814-CU-OR-CJC) 8.3. 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 8.4. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Manager Unrepresented Employees: All Unrepresented Classifications 8.5. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager REPORT FROM CLOSED SESSION The Board returned from Closed Session at 7:45 p.m. No reportable action was taken. 9. ADJOURNMENT 9.1. The meeting was adjourned at 7:45 p.m. : !�, Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held,June 15, 2023 at 3:00 p.m. 5