HomeMy WebLinkAbout2025-06-12 - Board of Directors Meeting Minutes 2025-52
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, June 12, 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
Human Resources and Risk Manager Thompson 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
Joanna Gonzales, Public Affairs Officer
Todd Colvin, Chief Water System Operator
John Brundahl, Production Superintendent
Annie Alexander, Board Secretary
Carole Wayman, Assistant Board Secretary
Ryan Pace, Maintenance Worker III
Jesus Arroyo, Maintenance Worker II
Carlos Palacios, Maintenance Worker II
ALSO PRESENT
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
5. ADDITIONS/DELETIONS TO THE AGENDA
General Manager Toy noted a correction to the vote on Item No. 12.4. in the minutes
for the April 10, 2025 Board Meeting from 4-1-0-1 to 3-1-0-1; and a correction to the
date of a previous infrastructure tour listed in the General Manager's report from
March 28, 2025 to May 28, 2025.
6. AB 2449 TELECONFERENCE REQUESTS (None)
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7. INTRODUCTIONS AND PRESENTATIONS
7.1 Elected Official Liaison Reports (None)
7.2 Employee Recognition
General Manager Toy and Operations Manager Ojeda recognized the
following individuals on their recent promotions:
Ryan Pace, Maintenance Worker III
Carlos Palacios, Maintenance Worker II
Jesus Arroyo, Maintenance Worker II
7.3 Student Video Presentation
General Manager Toy presented a video produced by 4th grade student
Ryland Gagen, son of General Counsel Gagen, regarding the District's PFAS
water treatment plant.
President Lindsey expressed appreciation for the informative video and
suggested sending it to the Placentia-Yorba Linda School District. Director
Barbre also suggested sending it to the Orange County Water District.
8. PUBLIC COMMENTS (None)
President Lindsey announced that with the Board's approval, he wanted to take Item No.
12.1. immediately following Closed Session. There were no objections.
9. CLOSED SESSION
The Board entered Closed Session at 8:45 AM.
9.1. 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-
01 461247-CU-BC-CJC)
9.2. 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
Minutes of the YLWD Board of Directors Regular Meeting Held June 12,2025 at 8:30 AM 2
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9.3. 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
10. REPORT FROM CLOSED SESSION
The Board returned from Closed Session at 9:31 AM. No reportable action was taken.
The following item was taken out of order.
12. ACTION CALENDAR
12.1. Yorba Linda Water District Employees Association Memorandum of
Understanding, Unrepresented Employees Personnel Manual, and Budgeted
Positions for Fiscal Year 2025-26
Tim Steed, OCEA Assistant General Manager, commented on the professional
nature of the negotiation process and thanked the Board and staff for their
efforts. President Lindsey expressed appreciation to the Board and staff for
their dedication and collaborative efforts during the negotiation process.
Director DesRoches made a motion, seconded by Director Scott, to (1) adopt
Resolution No. 2025-XX adopting the Memorandum of Understanding
between the District and the Yorba Linda Water District Employees Association
for Fiscal Years 2026-2028; (2) adopt Resolution No. 2025-XX adopting the
Personnel Manual for Unrepresented Employees for Fiscal Years 2026-2028; (3)
adopt Resolution No. 2025-XX adopting the District's budgeted positions, job
classifications, and salary schedule for Fiscal Year 2025-26. Motion carried
5-0-0-0 on a roll call vote.
11. CONSENT CALENDAR
Director Barbre requested to remove Item Nos. 11.2., 11.3., 11.5., 11.10. and 1 1.1 1.
from the Consent Calendar for separate discussion.
Director Barbre made a motion, seconded by Director DesRoches, to approve the
remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote.
11.1. Minutes of the Board of Directors Meetings
Recommendation: That the Board of Directors approve the minutes as
presented (including the revision to the minutes for the April 10, 2025 Board
meeting).
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11.4. Cash and Investment Reports for the Month Ended April 30, 2025
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Month Ended April 30, 2025.
11.6. Claim for Damages Filed by Jennifer Chinn
Recommendation: That the Board of Directors reject the claim filed by
Jennifer Chinn.
11.7. Final Payment and Notice of Completion for Box Canyon 16" Waterline
Improvements Project
Recommendation: That the Board of Directors approve zero dollars final
payment to the contractor, T.E. Roberts, Inc., and authorize staff to file the
Notice of Completion for the Box Canyon 16" Waterline Improvements
Project, Job No. J-2024-22.
11.8. Final Payment and Notice of Completion for FF-1 Waterline Replacement
Placentia Project
Recommendation: That the Board of Directors approve zero dollars final
payment to the contractor, T.E. Roberts, Inc., and authorize staff to file the
Notice of Completion for the FF-I Waterline Replacement Placentia Project,
Job No. J-2024-20.
11.9. Final Payment and Notice of Completion for Golden Avenue Asbestos-
Cement Pipe Removal Project
Recommendation: That the Board of Directors approve zero dollars final
payment to the contractor, Big Ben Inc., and authorize staff to file the Notice
of Completion for the Golden Avenue Asbestos-Cement Pipe Removal
Project, Job No. J-2025-01.
11.12. Memorandum of Understanding with the County of Orange for Use of Mass
Notification System (AlertOC)
Recommendation: That the Board of Directors authorize the General
Manager to execute and manage a Memorandum of Understanding with the
County of Orange to allow their use of the County's Countywide Mass
Notification System under the terms and conditions of the County's
Countywide Notification System Operating Guidelines and vendor-provided
agreements, commencing on December 30, 2024, through December 30,
2029.
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ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
The votes for Item Nos. 11.2., 11.3., and 11.5. were taken at the same time following
brief discussion.
11.2. Payments of Bills, Refunds, and Wire Transfers
Director Barbre commented on the cost of rental vans for infrastructure tours
and suggested considering the purchase of a van for this purpose in the next
budget cycle.
11.3. Budget to Actual Reports for the Month Ended April 30, 2025
Director Barbre inquired about the yield on the District's checking and
depository accounts.
11.5. Appropriations Limit for Fiscal Year 2025-26
Director Barbre expressed appreciation for staff's work on the agenda report
for this item.
Director Barbre made a motion, seconded by Director Scott, to approve Item Nos.
11.2, 11.3, and 11.5: ratifying and authorizing disbursements in the amount of
$2,962,915.42; receiving and filing the Budget to Actual Reports for the Month Ended
April 30, 2025; and adopting Resolution No. 2025-XX adopting the appropriations limit
for Fiscal Year 2025-26. Motion carried 5-0-0-0 on a roll call vote.
The following item was taken out of order.
11.11. Septic to Sewer Due Diligence Memorandum
Director Barbre inquired if this matter would be returning to the Board as an
action item. General Manager Toy clarified that staff was seeking direction
from the Board and requesting that the memorandum be received and filed
at this meeting. Discussion followed regarding the options and
recommendations in the report. President Lindsey noted that the Board could
decide whether to agendize the item for any further action under Item No.
14.4., Future Agenda Items and Staff Tasks.
Director Barbre made a motion, seconded by Director DesRoches, to receive
and file the Septic to Sewer Due Diligence Memorandum. Motion carried
5-0-0-0 on a roll call vote.
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11.10. 2025 Water Quality Report
Discussion touched on additional languages noted in the report, employee
bilingual pay, mailing the report to customers, and lead sampling at local
schools.
Director Barbre made a motion, seconded by Director DesRoches, to receive
and file the 2025 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 on a roll call vote.
12. ACTION CALENDAR CONTINUED
The votes for Item Nos. 12.2., 12.3., and 12.4. were taken at the same time.
12.2. Water and Sewer Rate Schedules and Charges
12.3. Water and Sewer Development and Customer Service Fees
12.4. Fats, Oils, and Grease Control Program Fees
Director Barbre made a motion, seconded by Director Hernandez, to approve Item
Nos. 12.2., 12.3. and 12.4.: adopting Resolution No. 2025-XX adjusting water rate
schedules and charges effective July 1, 2025 and rescinding Resolution No. 2024-06;
adopting Resolution No. 2025-XX adjusting sewer rate schedules and charges
effective July 1, 2025 and rescinding Resolution No. 2024-07; waiving the first reading
and introducing by title only Ordinance No. 2025-XX Adopting Water Development
and Customer Service Fees, and Ordinance No. 2025-XX Adopting Sewer
Development and Customer Service Fees; and adopting Resolution No. 2025-XX
adopting Fats, Oils, and Grease Control Program Fees and rescinding Resolution No.
2024-10.
President Lindsey noted that Item Nos. 12.2., 12.3., and 12.4. were the culmination of
several Board discussions and expressed appreciation to staff for their efforts.
Motion carried 5-0-0-0 on a roll call vote.
12.5. Operating Budget for Fiscal Year 2025-26 (Financial Summaries)
Staff reviewed minor revisions to the operating budget from the previous
meeting and responded to questions from the Board.
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Director Hernandez made a motion, seconded by Director Scott to adopt
Resolution No. 2025-XX adopting the Operating Budget for Fiscal Year 2025-26
(Financial Summaries) and rescinding Resolution No. 2024-12 effective July 1,
2025. Motion carried 5-0-0-0 on a roll call vote.
12.6. Board of Directors' Compensation
Staff indicated that in the future, public hearings for Board consideration of
adjusting Director compensation would be scheduled at the same meeting
as adoption of the annual operating budget. President Lindsey noted that
YLWD's current rate for Director compensation was one of the lowest
compared to other local water districts and that even with a potential 5%
COLA increase, it would remain so.
Director Scott made a motion, seconded by Director DesRoches, to schedule
a public hearing on June 26, 2025, to consider an adjustment to the Director's
current compensation rate effective January 1, 2026. Motion carried 5-0-0-0
on a roll call vote.
12.7. Financial Reserves Policy for Fiscal Year 2025-26
Director Barbre made a motion, seconded by Director Hernandez, to adopt
Resolution No. 2025-XX adopting a Financial Reserves Policy for Fiscal Year
2025-26 and rescinding Resolution No. 2024-21. Motion carried 5-0-0-0 on a roll
call vote.
12.8. Association of California Water Agencies 2025 Elections
Director Barbre indicated that previous action had been taken by the Board
to appoint the President or their designee as the District's voting
representatives in various association/organizational elections. Director
Barbre also spoke in favor of endorsing and voting for Scott Maloni in the
ACWA Region 10 Board election. Discussion followed regarding the election
process and associated deadlines, and inviting candidates to address the
Board at a future meeting. President Lindsey inquired if any Directors were
interested in being nominated as a candidate in the elections, for which there
were none. No action was taken on this matter at this time.
12.9. Cross Connection Control Management Plan (CCCMP)
Staff reviewed the purpose of the plan, and discussion touched on the
proposed 15-year timeframe for completion of the hazard assessment. Staff
explained the significant operational challenges to comply with the new
regulation, noting that the goal was to complete the assessment sooner than
15 years. Staff further noted that changes to the report may be necessary
following review by the state. There was also discussion about including
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heli-hydrants in the list of non-testable devices, and becoming a member of
the USC Foundation for Cross Connection Control and Hydraulic Research,
which produces the Manual of Cross Connection Control. Discussion
continued regarding the 15-year timeframe for completing the hazard
assessment and whether to specify within the plan or set an internal goal to
complete Phase 1 in less time, such as 5 years. Staff was tasked with obtaining
comparative timeframes from sister agencies for review at the next Board
meeting when the Ordinance was scheduled for second reading.
Director Hernandez made a motion, seconded by Director Scott, to waive first
reading and introduce by title only, Ordinance No. 2025-XX, adopting a Cross
Connection Control Management Plan. Motion carried 5-0-0-0 on a roll call
vote.1
12.10. Facility Architectural Design, Safety, Security, Landscaping, and Construction
Site Aesthetics Standards
Staff presented the proposed standards for public-facing District facilities.
Discussion followed regarding developing standards for the installation of
dedication plaques at District facilities and applying a QR Code to provide
historical information. General Manager Toy recommended a case-by-case
process with direction from the Board. Discussion continued regarding site
access, security, and safety.
Director Barbre made a motion, seconded by Director Scott, to approve the
proposed YLWD Facility Architectural Design, Safety, Security, Landscaping,
and Construction Aesthetics Standards with the caveat that plaques be
considered on a case-by-case basis following completion of a new project.
Motion carried 5-0-0-0 on a roll call vote.
12.11. PFAS Water Treatment Plant Operating Cost
Staff presented a report on the value, maintenance, and operating costs for
the J. Wayne Miller, Ph.D. PFAS Water Treatment Plant. Discussion centered on
operational expenses for resin change-outs, proactive measures to reduce
costs, OCWD reconciliations, and capturing data for the current rate study.
There was also discussion about providing an updated report when more
robust data was available, and whether monies received from the pending
PFAS litigation settlement could be used to offset operating costs. Staff was
requested to provide an updated report in a year's time.
Director Hernandez made a motion, seconded by Director DesRoches, to
approve the evaluation and quantification of the operational cost for the I
Wayne Miller, PhD, Water Treatment Plant. Motion carried 5-0-0-0 on a roll call
vote.
Subsequent to this action,it was determined that Board adoption of the CCCMP was not necessary prior to submitting it to
the state for review;therefore,no second reading occurred.This matter will be brought back to the Board at a future date.
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13. DISCUSSION ITEMS
13.1. California Air Resources Board (CARB) Advanced Clean Fleets Regulation
General Counsel Gagen provided an overview of key legal components of
the regulation, and staff explained efforts to achieve compliance. Associated
expenses, reporting requirements, and penalties for non-compliance were
also discussed. General Counsel Gagen then briefed the Board regarding the
impact of President Trump's Congressional Review Act resolutions on EPA
waivers granted to California. Discussion followed regarding costs for zero-
emission vehicles and proactive measures to remain in compliance.
14. REPORTS, INFORMATION ITEMS, AND COMMENTS
14.1. Director's Reports
Directors provided brief updates on meetings attended and upcoming
events.
14.2. General Manager's Report
General Manager Toy highlighted various aspects of his report included in the
agenda packet.
Director DesRoches inquired about adjusting recent changes in infrastructure
tour protocols for the SCADA control room.
Director Barbre expressed interest in conducting infrastructure tours and
offered suggestions for the language in email autoreplies for former Directors.
President Lindsey inquired about the collection status of outstanding manual
invoices for Capital Finance Charges.
14.3. General Counsel's Report (None)
14.4. Future Agenda Items and Staff Tasks
President Lindsey noted there were some Director requests for future agenda
items. Discussion followed regarding the process for such requests outlined in
the Board policy manual.
President Lindsey presented the following requests for future agenda items
and staff tasks:
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■ Request from Director Barbre to agendize consideration of any further
action related to recommendations in the Septic to Sewer Due Diligence
Memorandum.
President Lindsey suggested including discussion of associated
communications to the public and for staff to prepare a recommendation.
Director Lindsey made a motion, seconded by Director DesRoches, to
agendize consideration of any further action related to recommendations
in the Septic to Sewer Due Diligence Memorandum, including discussion
of associated communications to the public, and for staff to prepare a
recommendation. Motion carried 4-0-1-0, with Director Hernandez
abstaining.
■ Request from Director Barbre to consider purchasing a van for
infrastructure tours. Staff responded that a cost comparison will be
prepared and brought back to the Board on a future agenda.
■ Request from Director Barbre to consider printing and mailing the Water
Quality Report to customers and outreach related to lead sampling at
local schools. Staff responded that cost information will be prepared and
brought back to the Board on a future agenda.
■ Request from Director Barbre to join the USC Foundation for Cross
Connection Control for$1,000. Following discussion, it was determined that
this request would be considered in next year's budget.
15. COMMITTEE REPORTS
15.1. Interagency Committee with MWDOC and OCWD
DesRoches / Barbre
Director Barbre commented on the settlement agreement between the San
Diego County Water Authority and MET and suggested future discussion
about working with OCWD on a policy for allowing storage of MET water
purchases in the groundwater basin.
15.2. Joint Agency Committee with City of Yorba Linda
Hernandez/ Barbre
15.3. Joint Agency Committee with City of Placentia
Lindsey / Scott
15.4. Joint Agency Committee with City of Brea
Barbre / Hernandez
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15.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District
Hernandez/ Scott
16. BOARD OF DIRECTORS ACTIVITY CALENDAR
16.1. Meetings from June 13- July 31, 2025
17. ADJOURNMENT
17.1. The meeting was adjourned at 12:00 PM.
Carole Wayman
Assistant Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held June 12,2025 at 8:30 AM 1 1
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