HomeMy WebLinkAbout2022-03-29 - Board of Directors Meeting Agenda PacketYorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, March 29, 2022, 5:30 PM
1717 E Miraloma Ave, Placentia CA 92870
1. PARTICIPATION INSTRUCTIONS
Due to the continuing state of emergency declared by the California Governor related to preventing the
spread of Coronavirus (COVID-19), and pursuant to California Government Code Section 54953(e), this
meeting will be facilitated in a hybrid format. As such, Directors and members of the public may choose
to participate in person or by video/teleconference. Information for accessing this meeting by telephone
or internet-based service is provided below. For questions regarding participation, please call the Board
Secretary at (714) 701-3020.
Computer/Mobile Device: https://us06web.zoom.us/m/84707611971
Telephone: (669) 900-6833 or (346) 248-7799
Meeting ID: 847 0761 1971
2. CALL TO ORDER
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
J. Wayne Miller, PhD, President
Brooke Jones, Vice President
Trudi DesRoches, Director
Phil Hawkins, Director
Tom Lindsey, Director
5. PUBLIC COMMENTS
Any individual wishing to address the Board (or Committee) is requested to identify themselves and state
the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the
individual for their comment when the item is considered. No action will be taken on matters not listed on
the agenda. Comments are limited to three minutes and must be related to matters of public interest
within the jurisdiction of the Water District. (GC 54954.3)
6. CLOSED SESSION
The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The
public is excused during these discussions.
6.1. 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: Orange County Water District, et al. v. 3M Company, et al.
(Orange County Superior Court - Case No. 30-2020-01172419-CU-PL-CXC)
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6.2. Public Employment
Pursuant to Section 54957 of the California Government Code
Title: General Manager
6.3. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: Andrew B. Gagen, General Counsel
Unrepresented Employee: Assistant General Manager/ Interim General
Manager
7. CLOSED SESSION REPORT
7.1. Agency Designated Representative's Summary Recommendation Regarding
Potential Changes to Executive Compensation of Assistant General Manager /
Interim General Manager
8. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and Board (or Committee) discussions
are needed prior to formal action.
8.1. Appointment of Interim General Manager and Consideration of Whether to
Approve an Adjustment to the Compensation of the Assistant General Manager
as Interim General Manager
Recommendation: That the Board of Directors consider: (1) ratifying their
appointment of Assistant General Manager Doug Davert as the District's Interim
General Manager; and (2) adjusting Mr. Davert's base salary to $249,104.83,
effective November 5, 2021, until further notice by the Board.
9. ADJOURNMENT
9.1. The next regular Board meeting is scheduled Tuesday, April 12, 2022. Closed
Session (if necessary) will begin at 5:30 p.m. and regular business at 6:30 p.m.
Items Distributed to the Board Less Than 72 Hours Prior to the Meeting
Non-exempt materials related to open session agenda items that are distributed to a majority of the Board of
Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for
public inspection in the lobby of the District's Administrative building located at 1717 E Miraloma Ave, Placentia
CA 92870 during regular business hours. When practical, these materials will also be posted on the District's
website at https://ylwd.com/. (GC 54957.5)
Accommodations for the Disabled
Requests for disability -related modifications or accommodations, including auxiliary aids or services, required for
participation in the above posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24
hours in advance. (GC 54954.2(a))
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ITEM NO. 8.1.
Yorba Linda
Water District
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MEETING DATE: March 29, 2022
TO: Board of Directors
FROM: Andrew B. Gagen, General Counsel
STAFF CONTACTS: Gina Knight, Human Resources/Risk Manager
SUBJECT: Appointment of Interim General Manager and Consideration of
Whether to Approve an Adjustment to the Compensation of the
Assistant General Manager as Interim General Manager
RECOMMENDATION:
That the Board of Directors consider: (1) ratifying their appointment of Assistant General
Manager Doug Davert as the District's Interim General Manager; and (2) adjusting Mr. Davert's
base salary to $249,104.83, effective November 5, 2021, until further notice by the Board.
BACKGROUND:
Beginning November 5, 2021, Assistant General Manager Doug Davert assumed the
responsibilities of the General Manager in addition to his own position. Since that time, the
position of General Manager has also become vacant.
During the special meeting on March 22, 2022, the Board appointed General Counsel as the
District's designated representative to negotiate executive compensation with Mr. Davert as
the Assistant General Manager / Interim General Manager. These negotiations have
concluded and in accordance with the Ralph M. Brown Act, General Counsel will "report a
summary recommendation" regarding the negotiated terms for the Board to consider whether
to take final action as described below and recommended above.
As a result of these negotiations, and in the interest of maintaining effective organizational
leadership, the Board of Directors may wish to: (1) ratify their appointment of Doug Davert as
the Interim General Manager; and (2) effective November 5, 2021, until further notice by the
Board, adjust Mr. Davert's base salary to $249,104.83 as specified for the General Manager
classification in Resolution No. 2021-37. All other forms of compensation and benefits to Mr.
Davert will remain the same.
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