HomeMy WebLinkAbout2025-08-14 - Board of Directors Meeting Minutes 2025-76
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, August 14, 2025, 8:30 AM
1717 E Miralomo 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 Scott 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
Wayne R. Scott Freddie Ojeda, Operations Manager
Lori Thompson, Human Resources and Risk Manager
DIRECTORS ABSENT Rosanne Weston, Engineering Manager
Trudi DesRoches Annie Alexander, Board Secretary
Joanna Gonzalez, Public Information Officer
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 Elected Official Liaison Reports (None)
7.2 Employee Recognition
General Manager Toy recognized the following employees:
Employee of the Year and the Quarter. Ariel Bacani, Assistant Engineer III
New Employee: Anthony Arias, Maintenance Worker I
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B. PUBLIC COMMENTS
Rick Salazar, resident, commented on his concerns regarding the Terms and
Conditions being prepared for proposed improvements to the Highland Reservoir
Access Road.
Undo Rizzo, resident, commented on her concerns regarding the access gate and
vehicle traffic on the Highland Reservoir Access Road.
9. ACTION CALENDAR
9.1. Amendment to Public Funds Investment Policy and Market Update by PFM
Asset Management
Robert Montoya, Institutional Sales and Relationship Manager for PFM Asset
Management, provided a financial market and investment update and an
overview of the proposed amendments to the Investment Policy.
Director Barbre requested that Section D in Appendix A in the policy be
deleted as it was no longer applicable.
Director Barbre made a motion, seconded by Director Hernandez to adopt
Resolution No. 2025-XX amending the Public Funds Investment Policy,
including the requested revision, and rescinding Resolution No. 2023-17.
Motion carried 4-0-0-1 with Director DesRoches absent.
92. Septic to Sewer Conversion Due Diligence Study
Paul Jones, PE, of Dopudja & Wells Consulting, provided a brief overview of
the purpose of the study, the methodology utilized, a proposed framework for
conversion, and expected costs and financing strategies. Discussion followed
regarding the proposed phases, the feasibility of implementation, the lack of
available reserves, and proactive communication efforts with the property
owners. It was suggested that this topic be revisited during the upcoming rate
study process.
No action was taken on this item.
10. CONSENT CALENDAR
Director Barbre requested to remove Item Nos. 10.1., 10.2.and 10.9.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 DesRoches
absent.
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10.3. Preliminary Unaudited Financial Statements for Fourth Quarter of Fiscal Year
2024-25
Recommendation: That the Board of Directors receive and file the Preliminary
Unaudited Financial Statements for the Fourth Quarter of Fiscal Year2024-25.
10.4. Unaudited Cash and Investment Reports for the Quarter Ended June 30, 2025
Recommendation: That the Board of Directors receive and file the Unaudited
Cash and Investment Reports for the Quarter Ended June 30, 2025.
10.5. Directors and General Manager Fees and Expenses Report for the Fourth
Quarter of Fiscal Year 2024-25
Recommendation: That the Board of Directors receive and file the Directors
and General Manager Fees and Expenses Report for the Fourth Quarter of
Fiscal Year 2024-25.
10A, Claim for Damages Filed by Ausim Khan
Recommendation: That the Board of Directors reject the claim filed by Ausim
Khan.
10.7. Claim for Damages Filed by Vallecito Lane and Villa Terrace Property Owners
Recommendation: That the Board of Directors reject the claims filed by
Vallecito Lane and Villa Terrace property owners.
10.8. Quitclaim Deed for Tract 17341, Cielo Vista
Recommendation: That the Board of Directors authorize the General
Manager to execute a Quitclaim Deed to abandon an existing dedicated
easement located east of the Palo Verde bridge at the Cfelo Vista housing
tract development.
10.10. Award of Multiple Award Task Order Contract for Surveying Services
Recommendation: That the Board of Directors authorize the General
Manager to execute three (3) non-exclusive Professional Services Agreements
(PSAs) for the Multiple Award Task Order Contract (MATOC) for Surveying
Services with Coast Surveying, Inc., Guido, and Psomas for an initial period of
three (3) years and a Not to Exceed cumulative total of$200,000, subject to
review and approval as to form by Legal Counsel.
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10.11. Purchase of ClorTec 100-lb/day On-Site Sodium Hypochlorite Generator
(Lakeview Booster Station)
Recommendation: That the Board of Directors authorize the General
Manager to purchase a ClorTec On-Site Sodium Hypochlorite Generator from
De Nora for the amount of$153,235.00 plus sales tax and freight.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
10.1. Minutes of Board of Directors Meetings
Director Barbre inquired about staff's research regarding the District being
listed as a supporter of AB 2257. General Manager Toy explained that a letter
of support had been signed by the Board President in 2024, and that a copy
would be shared with the Board.
Director-Barbre made a motion,seconded by DlrectorHemandez to approve
the minutes as presented. Motion carried 4-0-0-1 with Director DesRoches
absent.
10.2. Payments of Bills, Refunds, and Wire Transfers
Director Barbre requested an update on the contract with ProcureAmerica
and a copy of the ad to be placed in the Yorba Linda City Lifestyle
publication.
Director Barbre made a motion, seconded by Drector Hernandez to ratify
and authorize disbursements in the amount of $12,289.827.66.Motion carried
4-M-I with Director DesRoches absent.
10.9. Final Payment and Notice of Completion for FF-11 Waterline Replacement
and Adobe Pressure Regulating Station Project
At Director Barbre's request, General Counsel Gagen affirmed that there
were no outstanding payments due to the contractor.
DrectorBarbre made a motion,seconded by DrectorHemandez to approve
$0.00 final payment to the contractor, Dominguez General Engineering, Inc.,
and authorize staff to file the Notice of Completion for the FF-1 I Waterline
Replacement and Adobe Pressure Regulating Station Project, Job Nos.
J-2024-14 &J-2024-21. Motion carried 4-0-0-1 with Director DesRoches absent.
11. ACTION CALENDAR CONTINUED
11.1. ACWA Election of Officers and ACWA Region 10 Election of Board Members
for 2026-2027 Term
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Staff briefly reviewed the voting options for the Board.
Director Barbre made a motion, seconded by Director Hernandez to vote for
the recommended slates in the ACWA Election of Officers and the ACWA
Region 10 Election of Board Members. Motion carried 4-"-1 ono roll call vote
with Director DesRoches absent.
12. DISCUSSION ITEMS
12.1. Director Review of Invoices for Legal Services
Director Barbre proposed that the President and/or the Vice President review
the District's invoices for legal services monthly. General Manager Toy briefly
outlined the current review processes for these invoices. Discussion followed
regarding summarizing work included in these invoices over a specified
amount and the availability for Directors to review them when requested.
Director Barbre made a motion to assign the President or Vice President to
review the invoices for legal services monthly. Motion failed for lock of a
second.
13. REPORTS. INFORMATION ITEMS, AND COMMENTS
13.1. Director's Reports
Directors provided brief updates on meetings attended and upcoming
events.
Director Scoff suggested reviewing the updated CAL FIRE fire hazard severity
zone maps to evaluate if the changes would have an impact on the District's
fire hydrant placement, sae, and testing.
President Lindsey noted that Yorba Linda City Manager Pulone would be
recognized on the event of his retirement at the Council meeting on
September 16, 2025. General Manager Toy indicated that staff had prepared
a draft proclamation for this purpose to be presented at the meeting.
13.2. General Manager's Report
General Manager Toy highlighted various aspects of his report.
Director Barbre requested that the breakout of the special assessments in the
General Manager's report be included in the associated staff reports next
year.
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13.3. General Counsel's Report )None)
13A Future Agenda Items and Staff Tasks
Director Scott noted that he had been working with the USA 250-OC
committee to commemorate the 250th anniversary of the United States. He
requested a future agenda item to consider future engagement with the
organization.
Director Scott made a motion, seconded by Director Barbre, to agendize
consideration of District support activities for the USA 250-OC program. Motion
carried 4-0-0-1 with Director DesRoches absent.
14. COMMITTEE REPORTS
14.1. Interagency Committee with MWDOC and OCWD
DesRoches / Barbre
14.2. Joint Agency Committee with City of Yorba Linda
Hernandez/ Barbre
14.3. Joint Agency Committee with City of Placentia
Lindsey / Scoff
14.4. Joint Agency Committee with City of Brea
Barbre / Hernandez
14.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District
Hernandez/ Scott
15. BOARD OF DIRECTORS ACTIVITY CALENDAR
15.1. Meetings from August 15, 2025-October 4, 2025
At the request of Director Barbre, staff reviewed the purpose of the rate study
public engagement meeting scheduled August 28, 2025 and efforts to
promote the event.
16. CLOSED SESSION
The Board entered Closed Session a1 10:19 AM.
16.1. Conference With Real Property Negotiators
Pursuant to Section 54956.8 of the California Government Code
Property: APNs 343-591-18, 343-591-48, and 343-591-49
Agency Negotiator. Mark Toy, General Manager
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Negotiating Parties: Nick Diaz
Under Negotiation: Terms and Conditions
16.2. Conference with Legal Counsel - Anticipated Litigation
Significant Exposure to Litigation Pursuant to Paragraph (2) or (3) of Subdivision
(d) of Section 54956.9 of the California Government Code
Number of Potential Cases: One
16.3. 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)
16.4. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
16.5 Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: Andrew Gagen, General Counsel
Unrepresented Employee: General Manager
17. REPORT FROM CLOSED SESSION
The Board returned from Closed Session at 10:50 AM. No reportable action was taken.
18. ADJOURNMENT
18.1. The meeting was adjourned at 10:50 AM.
Annie Alexander
Board Secretary
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