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HomeMy WebLinkAbout2025-03-13 - Board of Directors Meeting Minutes 2025-018 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, March 13, 2025, 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 AM. 3. PLEDGE OF ALLEGIANCE Director Barbre led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Tom Lindsey, President Mark Toy, General Manager Gene Hernandez, Vice President Doug Davert, Assistant General Manager Brett R. Barbre Christine Mcllrevey, Finance Manager Trudi DesRoches Freddie Ojeda, Operations Manager Wayne R. Scott Lori Thompson, Human Resources and Risk Manager Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Carole Wayman, Assistant Board Secretary Joanna Gonzalez, Public Affairs Officer ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS DELETIONS TO THE AGENDA (None) 6. AB 2449 TELECONFERENCE REQUESTS (None) 7. INTRODUCTIONS AND PRESENTATIONS 7.1. Employee Recognition General Manager Toy and the Board recognized Steve Clayton, Senior Plant Operator, for 20 years of dedicated service to YLWD.Todd Colvin, Chief Water System Operator, provided highlights of Mr. Clayton's career. Mr. Clayton expressed appreciation to the Board. 7.2. Elected Official Liaison Reports (None) Minutes of the YLWD Board of Directors Regular Meeting Held March 13,2025,at 8:30 AM 1 2025-19 The following item was taken out of order. 10. ACTION CALENDAR 10.3 Request for Concurring Nomination Resolution for ACWA-JPIA 2025 Executive Committee Election Melody McDonald, President of San Bernardino Valley Conservation District, addressed the Board via Zoom regarding her candidacy for the ACWA-JPIA Executive Committee and provided a brief overview of her background and qualifications. She thanked the Board for their support over the years. Director Barbre made a motion, seconded by Director Hernandez, to adopt a concurring resolution in support of the nomination of Melody McDonald, President of San Bernardino Valley Water Conservation District, to ACWA- JPIA's Executive Committee. Motion carried 5-0-0-0 on a roll call vote. 8. PUBLIC COMMENTS (None) 9. CONSENT CALENDAR Director Barbre requested to remove Item Nos.: 9.2 and 9.4 from the Consent Calendar for separate action. Director DesRoches made a motion, seconded by Director Hernandez, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. 9.1. Minutes of the Board of Directors Meetings Held December 19, 2024- February 6, 2025 Recommendation: That the Board of Directors approve the minutes as .� presented. 9.3. Budget to Actual Reports for the Month Ended January 31, 2025 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the-month ended January.3.1.,.2025. 9.5 Terms and Conditions for Sewer Service with Andrew Pennor for 4862 Ohio Street Recommendation: That the Board of Directors approve the Terms and Conditio ns for Sewer Service with Andrew Pennor for 4862 Ohio Street, Job No. J-2024-69S. Minutes of the YLWD Board of Directors Regular Meeting Held March 13,2025,at 8:30 AM 2 2025-20 ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION 9.2. Payments of Bills, Refunds, and Wire Transfers Director Barbre commented on recent expenses for legal services. Staff responded to questions from Director Barbre regarding General Counsel's attendance at facility tours and the review process of invoices for legal services. Director Barbre requested a future agenda item to discuss General Counsel's attendance at facility tours and review of invoices for legal services. Discussion followed regarding the former review groups and having a future agenda item to discuss them. Director Barbre noted the $1.5 million payment to MWDOC, which was higher than normal due to the pre-purchase of import water deliveries. He asked how this would be accounted for separately, to which staff indicated there would be a reconciliation in close coordination with MWDOC. Staff also responded to questions from Director Barbre regarding the membership with the California Chamber of Commerce, and lunch meetings with the General Manager, President, and Vice President. Director Barbre made a motion, seconded by Director DesRoches, to ratify and authorize disbursements in the amount of $3,290,743.31. Motion carried 5-0-0-0 on a roll call vote. 9.4. Cash and Investment Reports for the Month Ended January 31, 2025 Staff responded to questions from Director Barbre regarding a refund from the Orange County Investment Pool and plans for utilizing the remaining funds in the Water Conservation Reserve. Director Barbre made a motion, seconded by Director DesRoches, to receive and file the Cash and Investment Reports for the month ended January 31, 2025. Motion carried 5-0-0-0 on a roll call vote. President Lindsey commented on his positive experiences of submitting agenda questions to staff prior to the meeting and encouraged Board members to do the some. In response to a question from Director DesRoches, General Manager Toy provided a tentative date of April 24, 2025, for the recognition of former Director Phil Hawkins. He added that a Proclamation would be presented, and legislative certificates would be requested. Minutes of the YLWD Board of Directors Regular Meeting Held March 13,2025,at 8:30 AM 3 2025-21 10. ACTION CALENDAR CONTINUED 10.1 Award of Professional Services Agreement for the District's Water and Sewer Rate Study General Manager Toy explained that a panel of YLWD employees interviewed three (3) firms, and it was determined that Water Resources Economics (WRE) provided the most responsible and responsive bid. He noted that Sanjay Gaur, Principal Consultant of WRE, was available via Zoom to answer any questions. Discussion centered around the number of in-person meetings scheduled as part of the study and the scope of the study. Mr. Gaur confirmed that the first meeting will be with the Board to discuss policies, objectives, and rate structure needs. In response to a question by President Lindsey, Mr. Gaur confirmed that he is no longer subject to a non-compete clause with his former employer, Raftelis, which also submitted a bid. General Counsel Gagen stated that he had no concerns about the award of the contract. Director Barbre made a motion, seconded by Director DesRoches, to authorize the General Manager to execute a Professional Services Agreement with Water Resources Economics for the performance of the District's Water and Sewer Rate Study for a term beginning March 17, 2025, through July 1, 2026, with a total not to exceed amount of $124,350. Motion carried 5-0-0-0 on a roll call vote. 10.2 Position on H.R. 471 (Westerman) Fix Our Forests Act General Manager Toy briefed the Board on this matter. Director Barbre provided an overview of the bill, which aims to prevent wildfires through improved forest and brush management. Discussion followed about recent wildfires in California, forest and brush management, and wildfire prevention measures. Director Barbre made a motion, seconded by Director DesRoches, to support H.R. 471, the Fix Our Forests Act. Motion carried 5-0-0-0 on a roll call vote. 11. REPORTS INFORMATION ITEMS AND COMMENTS 11.1. Director's Reports The Directors reported on topics discussed during recent meetings they attended. Minutes of the YLW D Board of Directors Regular Meeting Held March 13,2025,at 8:30 AM 4 2025-22 Staff responded to questions from Director Scott regarding a micro-trenching project for fiber optic cable in the City of Yorba Linda. Staff noted they were working closely with the City and preparing for the project. General Counsel Gagen provided liability information for any claims that might arise. Vice President Hernandez commented on the benefits of the District's infrastructure tours. Director DesRoches requested that a copy of the response to the Public Records Act request regarding reservoir levels be shared with the Board. Discussion followed regarding the heli-hydrant construction project at the Robert B. Diemer Water Treatment Plant and current and future hell-hydrants in surrounding communities. President Lindsey inquired about following up with the State insurance Commissioner's office after the hell-hydrant demonstration in February and asked staff to reach out. He stated that he had received positive comments from residents about the joint letter on the District's website addressing homeowners' insurance issues. He also stated that he is happy to share talking points from Orange County Sanitation District meetings with interested Board members. Lastly, he announced an upcoming infrastructure four with East Lake Village residents on March 17, 2025. ® . General Manager's Report General Manager Toy noted his report was included in the agenda packet. He highlighted a new events calendar that would be included in future agenda packets. Staff responded to questions from Director Scoff about YLWD's involvement in the upcoming Love Yorba Linda event. Discussion followed regarding upcoming events and tours, and whether Brown Act meeting requirements apply to Director attendance. President Lindsey requested that General Counsel Gagen provide a report to the Board on Brown Act meeting requirements. Director Barbre expressed appreciation for the Fitch Ratings document and suggested that information be distributed to the Board via email when available, rather than waiting for the next agenda packet. He also requested staff follow up with Cal OES regarding the heli-hydranf demo invitation and to extend an invitation to Assemblywoman Calderon and Assemblyman Wallis. Director Barbre then requested that Hills for Everyone be included in the District's outreach notifications and expressed appreciation for staff's quick response to a comment on NextDoor regarding a construction project. Minutes of the YLWD Board of Directors Regular Meeting Held March 13,2025,at 8:30 AM 5 2025-23 Staff then responded to questions from Director Barbre about the laptop replacement program and an update on the septic sewer conversion study. Director DesRoches suggested that the updated Cal Fire hazard maps be discussed at the upcoming joint agency committee meeting with the City of Yorba Linda. Director Barbre commented on collaborative efforts with the City of Yorba Linda regarding wildfire prevention and homeowner insurance concerns. 11.3. General Counsel's Report (None) 11.4. Future Agenda Items and Staff Tasks General Manager Toy summarized future agenda items and staff tasks as follows: • Copy of the response to the Public Records Act request regarding reservoir levels. ■ Follow up with the Insurance Commissioner's office regarding the joint letter to assist homeowners with insurance issues. ■ Distribute talking points from OC San meetings to the Board when forwarded to the Board Secretary. ■ Report from General Counsel regarding Brown Act meeting requirements as related to review groups and committees, and Director attendance at events and tours. ■ Follow up with Cal OES regarding heli-hydrant demo invitation. ■ Include Hills for Everyone on outreach notifications. ■ Future agenda item to discuss review of invoices for legal services. Director Scott commented on a recent Supreme Court ruling regarding EPA water standards and requested a summary. Director Barbre noted that he had been asked to serve on the national board of the Wildfire Alliance and requested that membership in the organization be considered in the budget discussions. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD DesRoches / Barbre 12.2. Joint Agency Committee with City of Yorba Linda Hernandez/ Barbre- Lim / Rodriguez Next meeting is tentatively scheduled Monday, March 31, 2025 at 4:00 PM at Yorba Linda City Hall. Minutes of the YLWD Board of Directors Regular Meeting Held March 13,2025,at 8:30 AM 6 2025-24 General Manager Toy noted that a draft agenda had been prepared to include four (4) topics: wildfire preparedness, homeowner insurance, new housing developments, and community events. 12.3. Joint Agency Committee with City of Placentia Lindsey / Scott 12.4. Joint Agency Committee with City of Brea Barbre / Hernandez 12.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez /Scott 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from March 14-April 30, 2025 President Lindsey stated that he would attend the Yorba Linda City Council meeting, and Director DesRoches would attend the Placentia City Council meeting on March 18, 2025. 14. CLOSED SESSION The Board entered Closed Session at 10:04 AM. 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: Mike Bubalo Construction Co., Inc./Pascal & Ludwig Constructors, Inc. v. Yorba Linda Water District (OCSC - Case No. 30-2025- 01461247-CU-BC-CJC) 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 Case: Orange County Water District, et al. v. 3M Company, et al. (OCSC-Case No. 30-2020-01 172419-CU-PL-CXC) 14.3 Conference with Legal Counsel- Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two Minutes of the YLWD Board of Directors Regular Meeting Held March 13,2025,of 8:30 AM 7 2025-25 14.4 Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Mark Toy, General Manager, and Lori Thompson, Human Resources and Risk Manager Employee Organization: Yorba Linda Water District Employees Association 14.5 Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives: Mark Toy, General Manager, and Lori Thompson, Human Resources and Risk Manager Unrepresented Employees: All Unrepresented Classifications 15. REPORT FROM CLOSED SESSION The Board returned from Closed Session at 12:30 PM. No reportable action was taken. 16. ADJOURNMENT 16.1. The meeting was adjourned at 12:30 PM. Carole M. Wayman Assistant Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held March 13,2025,at 8:30 AM 8