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HomeMy WebLinkAbout2025-04-10 - Board of Directors Meeting Minutes 2025-30 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, April 10, 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 Public Affairs Officer Joanna Gonzalez led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Tom Lindsey, President Mark Toy, General Manager Gene Hernandez, Vice President Freddie Ojeda, Operations Manager Brett R. Barbre Lori Thompson, Human Resources and Risk Manager Wayne R. Scott Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary DIRECTORS ABSENT Edgar Araujo, Maintenance Worker III Trudi DesRoches Adrian Ayala, Assistant Engineer II Yvette Hanna, Senior Engineer Joanna Gonzalez, Public Affairs Officer Laura Lopez Espinoza, Budget Analyst Sophia Phuong, Accounting Supervisor Brian Vargas, Maintenance Superintendent Carole Wayman, Assistant Board Secretary 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 Introduction of New Hire and Employee Recognition General Manager Toy introduced and welcomed Laura Lopez Espinoza, newly hired Budget Analyst. He and Senior Engineer Yvette Hanna then recognized Adrian Ayala, Assistant Engineer II, for 5 years of dedicated Minutes of the YLWD Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 1 2025-31 service. General Manager Toy and Maintenance Superintendent Brian Vargas also recognized Edgar Araujo, Maintenance Worker III, for 15 years of dedicated service. 7.2 Elected Official Liaison Reports (None) 8. PUBLIC COMMENTS (None) The following item was taken out of order. 10. ACTION CALENDAR 10.1. Assembly Bill 514 (Petrie-Norris): Emergency Water Supplies Christine Compton, Director of Strategic Communications & Advocacy for Irvine Ranch Water District, gave an overview of AB 514, which seeks to establish a state policy to encourage the development of emergency water supplies by local water suppliers to support their use during times of drought or unplanned service or supply disruption. The bill is not a mandate and has support from over 38 agencies. Discussion followed regarding obligations to customers,water reliability,water banks, conveyance, water quality, and state water conservation requirements. Director Barbre expressed concerns about follow up legislation that could be problematic. Ms. Compton responded that IRWD does not have plans to introduce additional legislation. He also expressed concerns about the bill's potential impact on the Metropolitan Water District. In response to a question from Director Barbre about why the State Water Resources Control Board was not supporting the legislation, Ms. Compton noted that the state is not permitted to take a position on a bill but can provide technical assistance. Director Scott commented that he is generally in support of enhancing local control. Director Barbre expressed his support for local control and taking a "watch" position on the bill at this time. President Lindsey noted that MWDOC was in support of the bill. He also asked how YLWD could increase its emergency water supplies. General Manager Toy responded that the District was working with OCWD to procure emergency water supplies. Discussion followed regarding appropriate water storage in the state, water shortage contingency plans, and the need for additional infrastructure. Minutes of the YLWD Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 2 2025-32 Director Barbre made a motion, seconded by Director Lindsey, to take a "watch" position on AB 514. Motion carried 3-1-0-1 on a roll call vote with Director Hernandez voting No and Director DesRoches absent. 9. CONSENT CALENDAR Director Barbre requested to remove Item Nos. 9.1., 9.3. and 9.5.; President Lindsey also requested to remove Item No. 9.5. from the Consent Calendar for separate action. Director Hernandez made a motion, seconded by Director Scott, to approve the remainder of the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. 9.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$4,002,063.07. 9.4. Cash and Investment Reports for the Month Ended February 28, 2025 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Month Ended February 28, 2025. 9.6. Construction Contract for FY24-25 Fire Flow Enhancement at PYLUSD Schools Recommendation: That the Board of Directors award the Construction Contract for the FY24-25 Fire Flow Enhancement at PYLUSD Schools Project to J.A. Salazar Construction for$516,885.60, Job No. J-2024-29. 9.7. Terms and Conditions with Placentia-Yorba Linda Unified School District, 4999 Casa Loma Avenue Recommendation: That the Board of Directors approve the Terms and Conditions for Water Service with Placentia-Yorba Linda Unified School District, 4999 Casa Loma Avenue, J-2024-63. 9.8. Task Order Amendment for Groundwater Well Repair and Rehabilitation Services for Well 21 Recommendation: That the Board of Directors authorize the General Manager to execute a Non-Professional Services Task Order amendment to General Pump Company to increase the Not To Exceed amount from $350,000 to $650,000 for the Well 21 Rehabilitation Project, Job No. J-2024-65. Minutes of the YLWD Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 3 2025-33 9.9. Declaration of Restrictive Covenants with Mrs. Tallman and Mr. Bibeau Recommendation: That the Board of Directors authorize the General Manager to execute the Declaration of Restrictive Covenants with Mrs. Stefanie Tallman (Unit 99) and Mr. Jeremy Bibeau (Unit 50) regarding their encroachment on District easements at the Loma Vista Community Association. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION 9.1. Minutes of the Board of Directors Meetings Held February 13 - February 25, 2025 Director Barbre requested the following edits to the minutes of February 13, 2025: ■ Page 7, Item No. 6.3., paragraph 3 - add that he also requested information about the District's borrowing capacity. ■ Page 8, Items Removed from Consent Calendar, Item No. 8.2., include discussion of higher than normal purchase of MWDOC water and the District's pre-purchase agreement. ■ Page 8, Items Removed from Consent Calendar, Item No. 8.4., include discussion about plans for wrapping up the conservation reserve. ■ Page 8, Items Removed from Consent Calendar, Item Nos. 8.8. and 8.9., include discussion about both projects having no outstanding invoices. Discussion followed regarding how much detail should be provided in the minutes. General Counsel Gagen stated that the minutes can be general or specific depending on the Board's direction. Discussion continued regarding the level of detail desired and having the Board Secretary review the video of the February 13, 2025 meeting to confirm the requested edits. Director Barbre made a motion, seconded by Director Lindsey, to approve the minutes for the February 18 and February 25, 2025 Board meetings and direct the Board Secretary to review the video of the February 13, 2025 Board meeting, make any necessary edits, and bring the amended minutes back to the Board for approval. Motion carried 3-1-0-1 on a roll call vote with Director Hernandez voting No and Director DesRoches absent. 9.3. Budget to Actual Reports for the Month Ended February 28, 2025 Director Barbre noted a policy consideration regarding the percent differential between cumulative volumetric revenue increases and total variable cost increases. He pointed out that there was approximately Minutes of the YLW D Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 4 2025-34 $4.8 million in fixed costs being collected on the commodity rate. He suggested considering moving this to the fixed rate and floating the commodity rate in future rate studies. Accounting Supervisor Phuong clarified that the $4.8 million in fixed costs is yearly revenue for this year. Director Barbre made a motion, seconded by Director Scott, to receive and file the Budget to Actual Reports for the Month Ended February 28, 2025. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. President Lindsey thanked General Manager Toy and staff for their responsiveness to questions from Board members. He encouraged Board members to continue the practice of submitting questions prior to the Board meeting. 9.5. Claim for Damages Filed by Hiromi Imai President Lindsey inquired about the District's liability for vehicle damage claims. Human Resources and Risk Manager Thompson explained that the District had no prior knowledge of the displaced lid, which is a key factor in determining liability. Director Lindsey made a motion, seconded by Director Scott, to reject the claim filed by Hiromi Imai. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. 10. ACTION CALENDAR CONTINUED 10.2. Appointment to Southern California Water Coalition (SCWC) Board of Directors and Amendments to Board of Directors Policies and Procedures Manual The Board discussed appointing Vice President Hernandez as the District's representative on the SCWC Board of Directors. They also considered amendments to Section 9.1 (B) of the Board of Directors Policies and Procedures Manual. Director Barbre made a motion, seconded by Director Scott, to (1) appoint Vice President Hernandez as the District's representative on the SCWC Board of Directors; and (2) approve related amendments to Section 9. 1(B) of the Board of Directors Policies and Procedures Manual. Motion carried 4-0-0-1 on a roll call vote with Director DesRoches absent. 10.3. Director Attendance at Association of California Water Agencies (ACWA) Spring Conference Minutes of the YLWD Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 5 2025-35 The Board discussed pre-approval of lodging expenses for President Lindsey and Vice President Hernandez to attend the ACWA Spring Conference in Monterey, May 12-15, 2025. Due to a lack of available rooms at the group rate, pre-approval of a higher rate for lodging is being requested if needed. Director Barbre made a motion, seconded by Director Scott to pre-approve Director lodging expenses at the ACWA spring conference at a higher rate if the group rate can not be secured. Motion passed 4-0-0-1 on a roll call vote with Director DesRoches absent. 11. DISCUSSION ITEMS 11.1. Septic to Sewer Conversion Evaluation Project Update Engineering Manager Weston provided an update on the project and the consultant's draft report. John Koeller, resident, shared his experience coordinating a successful sewer conversion project in his neighborhood. He suggested that staff develop case studies and/or scenarios for public information. Discussion touched on costs and financing options, including the potential benefits and challenges of implementing a Community Facilities District program, including concerns about forcing participation and the District's role in enforcement. The current sewer reimbursement program was also discussed. The Board requested that staff prepare the final report for Board discussion in June or July. 12. REPORTS INFORMATION ITEMS, AND COMMENTS 12.1. Director's Reports Directors reported on topics discussed during recent meetings and events. 12.2. General Manager's Report General Manager Toy highlighted the success of East Lake Village infrastructure tours, participation in Yorba Linda's Young Civic Leaders Academy, and upcoming events and calendar updates. He also reported on internal promotions and the successful completion of a Supervisors Academy program by 15 employees. Director Barbre asked about the District's cost for groundwater treatment and future Board discussion of Well 23. Minutes of the YLWD Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 6 2025-36 The following item was taken out of order. 12.4 Future Agenda Items and Staff Tasks The Board discussed the process of requesting future agenda items. President Lindsey proposed formalizing the process to ensure all Directors have an equal opportunity to request items. Extended discussion followed. Director Barbre made a motion, seconded by Director Scott, to agendize a discussion on Well 23. Motion passed 3-1-0-1 on a roll call vote with Director Hernandez voting No and Director DesRoches absent. Director Barbre requested a report on ProcureAmerica expenditures, status of converting to ACH payments to vendors, and status of the RFP for public communications services. 12.3. General Counsel's Report General Counsel Gagen provided an overview of the recent US Supreme Court ruling in the case of City and County of San Francisco v. EPA and its impact on the District. General Counsel Gagen then provided an overview of the Brown Act, covering topics such as legislative bodies, meetings, public participation, closed session rules, and confidentiality. He also discussed the Board of Directors' Policies and Procedures Manual and its role in complying with the Brown Act. Discussion followed regarding various aspects of the Brown Act and its application in meetings, social events, and infrastructure tours at which a quorum of the Board may be present. 13. COMMITTEE REPORTS 13.1. Interagency Committee with MWDOC and OCWD DesRoches / Barbre 13.2. Joint Agency Committee with City of Yorba Linda Hernandez/ Barbre Vice President Hernandez and Director Barbre reported on the recent committee meeting with the City of Yorba Linda, which focused mainly on questions from the public about wildfires and homeowner fire insurance. 13.3. Joint Agency Committee with City of Placentia Lindsey /Scott Minutes of the YLWD Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 7 2025-37 13.4. Joint Agency Committee with City of Brea Barbre / Hernandez 13.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez/Scott 14. BOARD OF DIRECTORS ACTIVITY CALENDAR 14.1. Meetings from April 1 1 -May 17, 2025 15. CLOSED SESSION The Board entered Closed Session at 11:39 a.m. 15.1. 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-C U-BC-CJ C) 15.2 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 15.3 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 16. REPORT FROM CLOSED SESSION The Board returned from Closed Session at 1:15 PM. No reportable action was taken. 17. ADJOURNMENT 17.1. The meeting was adjourned at 1:15 PM. Carole Wayman Assistant Board Secretary Minutes of the YLW D Board of Directors Regular Meeting Held April 10,2025 at 8:30 AM 8