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Home My WebLink About2024-10-10 - Board of Directors Meeting Minutes 2024-102 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 10, 2024, 8:30 a.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 8:30 a.m. 3. PLEDGE OF ALLEGIANCE- Director Hernandez 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 Gene Hernandez Lori Thompson, Human Resources and Risk Manager Reza Afshar, Principal Engineer DIRECTORS ABSENT Annie Alexander, Board Secretary Phil Hawkins Joanna Gonzalez, Public Affairs Officer Yvette Hanna, Senior Engineer Freddie Ojeda, Operations Superintendent 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. ELECTED OFFICIAL LIAISON REPORTS- None 9. DISCUSSION ITEMS 9.1. Overview of MWDOC Programs Joseph Berg, Director of Water Use Efficiency for MWDOC, provided an overview of SWRCB's Conservation as a California Way of Life Framework. He then reviewed MWDOC's water loss control programs, water use efficiency programs, and framework assistance programs and identified those in which YLWD was currently participating. Mr. Berg then responded to questions from the Board regarding water loss and leak detection, compliance with the EPA's Minutes of the YLW D Board of Directors Regular Meeting Held October 10,2024,at 8:30 a.m. 1 2024-103 revised Lead and Copper Rule, and MWDOC's Dedicated Irrigation Meter Landscape Area Measurements Program. Topics also touched on the state's urban water use objective and analysis of the efficacy of MWDOC's rebate programs. Al Nederhood, Director for MWDOC, commented on the benefits of MWDOC's programs and the long-term impact of the state's conservation framework. 9.2. Request from Manuel Roman, M.D., to Discuss (1) Cost and Liabilities Associated with Potential Easement with Homeowner Near Highland Reservoir, and (2) Proposed Repositioning of Access Gate Near Highland Reservoir Manuel Roman, M.D., resident, commented on the recent Board action taken regarding the proposed improvements to the access road near Highland Reservoir, the associated costs to the District, and the proposed site for relocating the existing gate. He proposed the District consider relocating the gate to an alternate site in the middle portion of the access road and outlined the advantages of doing so. Discussion followed regarding the specifics of Dr. Roman's proposal. Pres. DesRoches opened the floor to public comment. Nick Diaz, resident, commented on the required developer deposit for his proposed improvement project for the Highland Reservoir access road and his inquiry as to what the funds were to be utilized for and the timeframe to initiate the project.Staff explained that the deposit was to recoup the District's cost of service for the work being performed on behalf of the developer for the project. Any unused funds would be reimbursed to the developer at the end of the project. Discussion followed regarding the District's costs and the developer's costs for this project, the services being provided by PSOMAS, and the timeframe for drafting the terms and conditions. Staff will follow up with Mr. Diaz to address his questions and concerns. Colleen Callahan, Economic Development Manager for City of Yorba Linda, commented on the City's support for continued pedestrian and equestrian access to the roadway and the City's interest in formalizing an easement with the District at some point in the future. Dr. Roman expressed his concerns regarding the District's expenses associated with the proposed improvement project. No further action concerning Dr. Roman's proposal was requested by the Board. Minutes of the YLWD Board of Directors Regular Meeting Held October 10,2024,at 8:30 a.m. 2 2024-104 10. CONSENT CALENDAR Director Barbre requested to remove Item Nos. 10.2., 10.4., 10.5., and 10.6. from the Consent Calendar for separate action. Director Barbre made a motion, seconded by Director Hernandez, to approve the remainder of the Consent Calendar. Motion carried 4-0-0-1 with Director Hawkins absent. 10.1. Minutes of the Board of Directors Meetings Held August 8-22, 2024 Recommendation: That the Board of Directors approve the minutes as presented. 10.3. Budget to Actual Reports for the Month Ended August 31, 2024 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports Through the Month Ended August 31, 2024. 10.7. Notice of Exemption for Box Canyon 16-inch Waterline Improvements Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the Box Canyon 16-inch Waterline Improvements Project, Job No. J-2024-22. 10.8. Notice of Completion for Camino De Bryant Waterline Replacement Phase 1 Recommendation: That the Board of Directors approve zero dollars final payment to the contractor and authorize staff to file the Notice of Completion for the Camino De Bryant Waterline Replacement Phase 1 Project, Job No. J- 2023-24. 10.9. Notice of Completion for Well 5 Rehabilitation Project Recommendation:That the Board of Directors authorize staff to file the Notice of Completion (NOC) for the Well 5 Rehabilitation Project, Job No. 2023-55. 10.10. Notice of Completion for Well 19 Rehabilitation Project Recommendation:That the Board of Directors authorize staff to file the Notice of Completion (NOC) for the Well 19 Rehabilitation Project, Job No. 2023-44. Minutes of the YLWD Board of Directors Regular Meeting Held October 10,2024,at 8:30 a.m. 3 2024-105 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 10.2. Payments of Bills, Refunds, and Wire Transfers Director Barbre inquired about a few expenses for AQMD emissions fees and the District's bottled water donation program. Director Hernandez left the meeting during this time. Director Barbre made a motion, seconded by Director Lindsey, to ratify and authorize disbursements in the amount of$2,849,139.42.Motion carried 3-0-0-2 with Directors Hawkins and Hernandez absent. 10.4. Cash and Investment Reports for the Period Ending August 31, 2024 Director Barbre requested staff provide information regarding the District's policy for retiree medical benefits. Director Hernandez rejoined the meeting at this time. Director Barbre made a motion,seconded by Director Lindsey, to receive and file the Cash and Investment Reports for the Period Ended August 31, 2024. Motion carried 4-0-0-1 with Director Hawkins absent. Director Barbre inquired about the prioritization of fire flow enhancements at the project locations identified in Item Nos. 10.5 and 10.6. Director Barbre made a motion,seconded by Director Hernandez, to approve Item Nos. 10.5. and 10.6. Motion carried 4-0-0-1 with Director Hawkins absent. 10.5. Notice of Exemption for FF-11 Waterline Replacement and Adobe Pressure Regulating Station Replacement Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FF-1 1 Waterline Replacement and Adobe Pressure Regulating Station Replacement Project, Job Nos. J-2024-14 &21. 10.6. Notice of Exemption for FF-4, FF-7 & FF-12 Fire Flow Enhancement Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FF-4, FF-7 & FF-12 Fire Flow Enhancement Project, Job No. J-2024-26. Minutes of the YLWD Board of Directors Regular Meeting Held October 10,2024,at 8:30 a.m. 4 2024-106 11. PUBLIC HEARING 11.1. Board of Directors Compensation President DesRoches opened the public hearing at 9:53 a.m. General Manager Toy verified that notice of the hearing had been published in a newspaper of general circulation as required. President DesRoches opened the floor to public comment for which there was none. President DesRoches closed the public hearing at 9:54 a.m. Vice President Lindsey commented on the process for Board consideration of increasing Director compensation and the District's rates in comparison to other agencies. Director Lindsey made a motion, seconded by Director Hernandez, to adopt Ordinance No. 2024-XX setting compensation for members of the Board pursuant to Section 20200 et seq. of the California Water Code and superseding Ordinance No. 2024-01. Director Barbre inquired as to whether consideration of increasing Director compensation could be scheduled to align with adoption of the budget at the end of each fiscal year. General Counsel Gagen indicated that this would be possible and that a public hearing would still need to be held. Director Barbre proposed a friendly amendment to the motion to include shifting Board consideration of increasing Director compensation to align with adoption of the budget at the end of each fiscal year. Vice President Lindsey agreed to the amendment. Discussion touched on keeping the effective date of any approved increase as January 1st of the following calendar year, ensuring that it did not occur more than once in a 12-month period, and the relationship with the cost of living adjustment percentages provided to District employees. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 12. ACTION CALENDAR 12.1 Board of Directors Policies and Procedures Manual Discussion touched on the list of organizations for which Director attendance at sponsored meetings and events is pre-approved for the purposes of Minutes of the YLWD Board of Directors Regular Meeting Held October 10,2024,at 8:30 a.m. 5 2024-107 compensation and travel expense reimbursement, the procedure for requesting revisions to the list, and the procedure for requesting Board approval or ratification for attendance at meetings and events sponsored by agencies not included on the list. Director Barbre made a motion, seconded by Director Hernandez to approve the list of organizations in Section 9. 1(B) of the Board of Directors Policies and Procedures Manual for which Director attendance at sponsored meetings and events is pre-approved for the purposes of compensation and travel expense reimbursement. Motion carried 4-0-0-1 with Director Hawkins absent. 12.2 Award of Contract for Labor and Employment Legal Counsel Services Each Director shared their preferred firm(s) for which the following received the majority: Aleshire & Wynder Atkinson, Andelson, Loya, Ruud & Romo Each Director then shared their thoughts on the interviews conducted with each of the firms. Vice President Lindsey asked if staff had a recommendation regarding the matter. General Manager Toy recommended continuing with the services of Leibert Cassidy Whitmore. Director Hernandez asked if general counsel had a recommendation. General Counsel Gagen concurred with General Manager Toy's recommendation. Director Lindsey made a motion, seconded by Director Barbre, to retain Atkinson, Andelson, Loya, Ruud & Romo as the District's labor and employment legal counsel. Motion carried 4-0-0-1 on a roll call with Director Hawkins absent. 12.3. Urban Water Institute (UWI) Board Chair's Circle Membership Director Hernandez commented on his experience interacting with UWI and explained that he had been appointed to serve on the association's Executive Committee. He also noted that the District had been invited to become a member of UWI's Board Chair's Circle. Director Hernandez made a motion requesting the Board endorse his service on UWI's Executive Committee and approve becoming a founding member of the association's Board Chair's Circle. Discussion followed regarding UWI's conference format and the benefits gained from attendance. Director Barbre seconded the motion. Minutes of the YLWD Board of Directors Regular Meeting Held October i 0,2024,at 8:30 a.m. 6 2024-108 Discussion continued regarding UWI's formation and favorable credibility in the industry. Motion carried 4-0-0-1 with Director Hawkins absent. 13. DISCUSSION ITEMS CONTINUED 13.1 Developing a Value Proposition for the YLWD This matter was deferred to a future Board meeting. 14. REPORTS. INFORMATION ITEMS. AND COMMENTS 14.1. Director's Reports Vice President Lindsey reported on his attendance at the OC Water Summit and requested staff brief the Board on the District's cyber and physical security at a future meeting. Director Hernandez reported on his attendance at the summit and other recent events. 14.2. General Manager's Report Discussion touched on the status of the QR code project. Staff will send a link to the landing page to the Board. Director Barbre commended staff on progress made with initiating ACH payments to District vendors. Discussion followed regarding issues with obtaining fire insurance, supporting the City of Yorba Linda's efforts to work with the CA Insurance Commissioner, and scheduling a heli-hydrant demonstration for the Commissioner and representatives from CALEMA. Director Barbre will work with Townsend Public Affairs and coordinate with staff regarding scheduling the demonstrations. 14.3. General Counsel's Report General Counsel Gagen announced the results of the appeal in the case of IRWD v. OCWD, et al. Additional details will be provided in a future closed session. 14.4. Future Agenda Items and Staff Tasks Director Barbre requested the District's earmark in WRDA 2024 be corrected to qualify for wastewater projects. Following discussion, Director Barbre requested this matter be agendized for consideration at the November 14, 2024 Board meeting. Chris Townsend from Townsend Public Affairs will be invited to attend. Minutes of the YLWD Board of Directors Regular Meeting Held October 10,2024,at 8:30 a.m. 7 2024-109 15. COMMITTEE REPORTS 15.1. Interagency Committee with MWDOC and OCWD DesRoches / Lindsey 15.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches 15.3. Joint Agency Committee with City of Placentia Lindsey / Hernandez 15.4. Joint Agency Committee with City of Brea Barbre / Hernandez 15.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez/ Barbre 16. BOARD OF DIRECTORS ACTIVITY CALENDAR 16.1. Meetings from October 11 - November 30, 2024 The Board meeting scheduled November 28, 2024 was cancelled. 17. ADJOURNMENT 17.1. The.meeting was adjourned at 11:07 a.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held October 10,2024,at 8:30 a.m. 8