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HomeMy WebLinkAbout2024-04-11 - Board of Directors Meeting Minutes2. KI 4. 5. 6 7. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 11, 2024, 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 Vice President Lindsey led the pledge. ROLL CALL DIRECTORS PRESENT Trudi DesRoches, President Tom Lindsey, Vice President Brett R. Barbre Phil Hawkins Gene Hernandez 2024-039 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 Brianna N. De La Cruz, Public Affairs Specialist Bree Jozwiak, Assistant Board Secretary Sophia Phuong, Accounting Supervisor Jacqueline Segura, Human Resources Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA (None) AB 2449 TELECONFERENCE REQUESTS (None) INTRODUCTIONS and PRESENTATIONS The following items were taken out of order. 7.2 Elected Official Liaison Reports Al Nederhood, Director for MWDOC, reported on the state's water supply, MWDOC's proposed budget, MWDSC's adopted budget, and OCWD's Basin Production Percentage. He also commented on the Pure Water Southern Minutes of the YLWD Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-040 California Program, Delta Conveyance Project, and the District's proposed contract award for legal counsel services. Janice Lim, Council Member for City of Yorba Linda, reported on the City's public outreach activities associated with the Yorba Linda Housing Element and upcoming community events. 7.1. Introduction of Captain De Anne Wigginton, Yorba-Linda Chief of Police Services Captain Wigginton provided an overview of her professional experience and commented on her new role as Chief of Police Services and her ties to the Yorba Linda community. 7.2 Elected Official Liaison Reports Continued James Fisler, Director for Mesa Water District and Regular Special District Member for OC LAFCO, commented on his experience serving on the Commission and requested the District's support in LAFCO's upcoming election. He also noted that Joe Muller, Director for South Coast Water District, was running as an opponent for the seat. Staff was tasked with inviting Director Muller to comment on his candidacy at a future Board meeting. 7.3 Investment Strategy Update from PFM Asset Management Richard Babbe, Senior Management Consultant for PFM Asset Management, reported on federal economic projections and the District's investment approach and yield for bond funds. He then responded to questions from the Board regarding the impact of a potential recession as well as inflation and unemployment rates. Staff noted that as the Water Master Plan had been amended, they may look into structurally investing additional unrestricted reserves. 7.4 Septic to Sewer Conversion Evaluation Project Update from Dopudja & Wells Consulting Paul Jones, P.E. and John Wells, P.E. of Dopudja & Wells Consulting, briefed the Board regarding the status of the District's Septic to Sewer Conversion Evaluation Project. This included the key objectives, scope of work, financing options, data review, schedule, and next steps. Discussion touched on options for self-financing and the formation of community facility and assessment districts. Vice President Lindsey suggested information regarding the project be communicated to District customers, perhaps as a bill message. Minutes of the YLWD Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-041 Director Barbre requested staff contact the District's municipal advisors and inquire as to the feasibility of issuing debt for the sewer fund. He also expressed support for sharing information regarding the project with District customers. 8. PUBLIC COMMENTS (None) 9. CONSENT CALENDAR Director Barbre requested to pull Item Nos. 9.5, 9.6, 9.7, and 9.8 from the Consent Calendar for separate action. He also requested references to "Doctor" in the minutes for the January 11, 2024 Board meeting in Item No. 9.1. be corrected to say "Dr.". Vice President Lindsey also requested to remove Item No. 9.8. Director Barbre made a motion, seconded by Director Hawkins, to approve the remainder of the Consent Calendar with the requested corrections to Item No. 9.1. Motion carried 5-0-0-0. 9.1. Minutes of the Board of Directors Meetings Held January 11 - February 26, 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 $4,685,465.99. 9.3. Budget to Actual Statements for the Month Ended February 29, 2024 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ended February 29, 2024. 9.4. Cash and Investment Report for the Period Ended February 29, 2024 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended February 29, 2024. 9.9. General Manager Renewal of Credentials Recommendation: That the Board of Directors approve the payment of fees for the General Manager to renew his credentials for 2024 as a Board Certified, Water Resources Engineer (BC. WRE) from the American Academy of Water Resources Engineers (part of the American Society of Civil Engineers - ASCE). Minutes of the YLWD Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-042 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 9.5. Single Source Procurement for Well 19 Rehabilitation Phase 2 Project Director Barbre inquired as to whether the District was sharing the costs for this project with MWDSC and OCWD. Staff indicated that no cost -sharing agreement was in place and noted that approval of this item was contingent on the Board's approval of proposed amendments to the District's purchasing policy. Director Barbre requested to defer consideration of this matter following Item No. 10.3. 9.6. December 2023 Water Master Plan Amendment Director Barbre asked about the specific language being amended. Staff indicated that as the document contained sensitive information regarding the District's critical infrastructure, the full amended plan was exempt from disclosure under the Public Records Act and as such, only the Executive Summary was included in the agenda packet. Discussion followed regarding the feasibility of meeting OCWD's basin production percentage target of 85% and the prioritization of well rehabilitation and drilling projects. Director Barbre requested staff share a redline copy of the amended sections with the Board and to do the same for future amendments. Director Barbre made a motion to receive and file the amended December 2023 Water Master Plan. General Counsel Gagen advised that for future amendments, the Executive Summary should still be made available to the public in addition to sharing the redline copy of the amended sections with the Board. Director Hawkins seconded the motion. Motion carried 5-0-0-0. 9.7. Commencement of Fiscal Year 2024-25 Capital Improvement Program Projects Staff requested Board approval to immediately commence with new projects included in the Capital Improvement Program for Fiscal Year 2024-25. Director Barbre made a motion, seconded by Vice President Lindsey, to approve staff to proceed with the commencement of Fiscal Year 2024-25 Capital Improvement Program Projects. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-043 9.8. Moratorium on New Leases, Encumbrances, and Encroachments on District Real Property Vice President Lindsey requested clarification as to whether staff was asking the Board to enact a permanent moratorium or extend the expiration of the existing one. Staff explained that based on multiple factors, the recommendation was to enact a permanent moratorium rather than a temporary one. Following discussion, it was the consensus of the Board to extend the current moratorium for an additional 18 months and reconsider the matter before expiration. Staff was requested to notify the Board of future solicitations of this nature. Director Lindsey made a motion, seconded by Director Barbre, to extend the current moratorium on new leases, encumbrances, and encroachments on District real property for an additional 18 months and to reconsider the matter every 18 months. Motion carried 5-0-0-0. The meeting was recessed at 10:20 a.m. and reconvened at 10:28 a.m. 10. ACTION CALENDAR President DesRoches recommended the Board consider Item No. 10.3. at this time to be followed by Item 9.5. 10.3. Amendments to Purchasing Policy Staff reviewed the purpose of the proposed revisions. Discussion touched on the need for flexibility relative to the procurement of single and sole -source contracts, addressing situations that may be considered urgent rather than an emergency, and preauthorizing the procurement of single and sole -source contracts under a specified amount. Staff was directed to incorporate further revisions to the policy for consideration at a future Board meeting. 9.5. Single Source Procurement for Well 19 Rehabilitation Phase 2 Project Director Barbre made a motion, seconded by Director Hernandez, to waive conflicting provisions in the District's Purchasing Policy and award the Construction Contract for Well 19 Rehabilitation Phase 2 to General Pump Company for $232,427, Job No. J-2023-44. Motion carried 5-0-0-0 on a roll call vote. 10.1. Award of Contract for Legal Counsel Services Director Barbre asked if General Counsel Gagen was going to leave the room during consideration of this item as Mr. Gagen had a financial interest in the Minutes of the YLWD Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-044 matter and was a Form 700 filer. General Counsel Gagen indicated that as he was not a voting member of the Board his presence had no bearing. President DesRoches suggested that each Director share their two preferred firms and asked if staff had a recommendation concerning the matter. General Manager Toy stated that staff respectfully recommended the Board retain Kidman Gagen Law (KGL) as the District's legal counsel and engage a separate firm for labor counsel as directed by the Board and coordinated with KGL. He then commented on the quality of services provided by KGL and noted that based on staff's analysis, KGL's rates were the least costly and offered the most value of all the firms being considered by the Board. Each Director shared their top two preferred firms of which the following received the majority: Atkinson, Andelson, Loya, Ruud & Romo (AALRR) Kidman Gagen Law (KGL) Extended discussion followed regarding the two firms' interviews, and their respective qualifications, services, and rates. Each Director also shared their top preferred firm and commented on the impact of changing versus retaining current General Counsel. During the discussion, General Manager Toy was requested to report on his findings regarding KGL's communications with AALRR for the provision of labor and employment legal services. Director Barbre questioned the information provided and suggested the Board call a special meeting and invite both firms to clarify the matter. Discussion continued which was followed by subsequent action. Director Barbre made a motion, seconded by Director Hawkins, to award the contract for Legal Counsel Services to Atkinson, Andelson, Loya, Ruud & Romo. Director Lindsey made a substitute motion, seconded by Director Hernandez, to award the contract for Legal Counsel Services to Kidman Gagen Law. Motion carried 3-2-0-0 on a roll call vote with Directors Barbre and Hawkins voting No. Staff clarified that the contract was for 10 years with an option to extend another 5 years. Discussion followed regarding next steps for contracting with a firm for labor and employment legal services. General Manager Toy offered to work with General Counsel Gagen to provide options for Board consideration at a future meeting. Minutes of the YLW D Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-045 10.2. 2024 Strategic Plan Staff inquired if the Board had any additional edits to the final draft for which there were none. Director Hernandez made a motion, seconded by Director Lindsey, to adopt the 2024 Strategic Plan. Motion carried 4-1-0-0 with Director Barbre voting No. 10.4. Elk Mountain Booster Pump Station Leak Repair There were no questions regarding this matter. Director Barbre made a motion, seconded by Director Hernandez, to authorize the General Manager to award a contract change order to T.E. Roberts to increase the Not To Exceed amount from $75,000 to $150,000, Job No. J-2023-33. Motion carried 5-0-0-0. 10.5. Nominations for OC LAFCO Regular Special District Member Seat No Directors expressed an interest in being nominated. Director Hawkins made a motion, seconded by Director Hernandez, to designate President DesRoches as the primary voting representative and Vice President Lindsey as the secondary voting representative in the associated election. Motion carried 5-0-0-0. 10.6. Proposed Changes to Board Meeting Dates and/or Times Staff reviewed the purposes of the proposed changes. Following discussion, it was determined that (1) the time of the Board meeting on Thursday, May 16, 2024 would be shifted to 9:30 a.m., (2) a Directors' tour of Capital Improvement Projects would immediately follow the budget workshop on Thursday, May 30, 2024, and (3) regular business would be conducted during the meeting scheduled Thursday, June 27, 2024 to accommodate Director participation in the AWWA tour of the District's PFAS Water Treatment Plant on Thursday, June 13, 2024. Director Barbre suggested the tour include a visit to the Wells Fargo Heli-hydrant. Staff offered to follow up on this request. 11. REPORTS INFORMATION ITEMS, AND COMMENTS 11.1. Director's Reports (None) 11.2. General Manager's Report Director Barbre noted that the District's Open House was scheduled in July during hot weather and scheduled vacations. Staff offered to coordinate with Minutes of the YLWD Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-046 the Board and shift the event to another date in the fall. Director Barbre inquired as to the status of the Comprehensive Classification and Compensation Study. General Manager Toy indicated this matter would be presented to the Board at the next meeting. It was noted that of the two proposals received only one met the qualifications. President DesRoches asked if the Directors had persons they would like to invite to her upcoming facility tour. Staff suggested extending an invitation to Captain Wigginton. 11.3. General Counsel's Report (None) 11.4. Future Agenda Items and Staff Tasks Vice President Lindsey inquired about scheduling the next joint agency committee meeting with City of Yorba Linda. Staff confirmed the meeting was scheduled for Monday, May 20, 2024 at 1 1:00 a.m. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD DesRoches/Lindsey 12.2. Joint Agency Committee with City of Yorba Linda Lindsey/DesRoches - Next meeting scheduled Monday, May 20, 2024 at 1 1:00 a.m. at Yorba Linda City Hall. 12.3. Joint Agency Committee with City of Placentia Lindsey/Hernandez 12.4. Joint Agency Committee with City of Brea Barbre/Hernandez 12.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez/Barbre 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from April 12 -May 31, 2024 President DesRoches noted a few conflicts on the calendar. Following review, it was determined there would be no representative at the Placentia City Council meeting on Tuesday, April 16, 2024, and that Vice President Lindsey would be attending the PYLUSD Board meeting on Tuesday, May 7, 2024. Director Babre requested staff forward the Board an invitation to the upcoming renaming ceremony to share with others. He also requested a list of individuals who had confirmed their attendance. Minutes of the YLW D Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 2024-047 14. CLOSED SESSION The Board entered Closed Session at 12:14 p.m. 14.1. 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 14.2. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Casse: YLWD v. Alex Winsberg (Orange County Superior Court -Case No. 30-2022-01284814-C U-OR-CJ C ) 14.3 Public Employee Performance Evaluation Pursuant to Section 54957 of the CA Government Code Title: General Manager REPORT FROM CLOSED SESSION The Board returned from Closed Session at 1:00 p.m. No reportable action was taken. 15. ADJOURNMENT 15.1. The meeting was adjourned at 1:30 p.m. - Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held April 11, 2024 at 8:30 a.m. 9