HomeMy WebLinkAbout2023-09-21 - Board of Directors Meeting MinutesMINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, September 21, 2023, 3:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
2023-095
1.PARTICIPATION INSTRUCTIONS
Were included on the agenda.
2.
3 ..
4.
5.
CALL TO ORDER
The meeting was called to order at 3:00 p.m.
PLEDGE OF ALLEGIANCE
Director Miller led the pledge.
ROLL CALL
DIRECTORS PRESENT
Brett R. Barbre, President
Tom Lindsey
J.Wayne Miller, Ph.D.
DI RECTORS ABSENT
Trudi DesRoches, Vice President
Phil Hawkins
ALSO PRESENT
STAFF PRESENT
Mark Toy, General Manager
John DeCriscio, Operations Manager
Delia Lugo, Finance Manager
Rosanne Weston, Engineering Manager
Annie Alexander, Board Secretary
Joanna Gonzalez, Public Affairs Officer
Vivian Lim, Human Resources Analyst
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
ADDITIONS/DELETIONS TO THE AGENDA
5.1. AB 2449 Teleconference Requests (None)
6.PUBLIC COMMENTS (None)
7.ACTION CALENDAR
7.1. Provision of Legal and Labor Counsel Services
Discussion touched on the length of time since the last issuance of a Request
for Proposals (RFP) for legal services, previous Board review of sister agencies'
legal counsel hourly rates and consideration of an RFP, the District's current
policy for RFPs, and industry best practices. The Board requested staff prepare
an amendment to the Purchasing Policy to specify periodic review (e.g. every
5 years) of multiple-year contracts for services approved by the Board. This
Minutes of the YLWD Board of Directors Regular Meeting Held September 21, 2023 at 3:00 p.m.
2023-096
matter will be considered at the October 19, 2023 regular Board meeting.
Consideration of an RFP for legal services-will be considered at the October 5,
2023 regular Board meeting.
President Barbre inquired as to the status of an RFP for a rate study. Staff
indicated that a draft was tentatively scheduled for presentation to the Board
at the October 19, 2023 regular meeting.
7.2. Amendments to Board of Directors' Policies and Procedures Manual
Consideration of this matter was deferred to the regular Board meeting on
October 5, 2023.
8.DISCUSSION ITEMS
8.1. Glendale Coalition for Better Government v. City of Glendale -Public Fire
Protection Fee
General Counsel Gagen provided an overview of an unpublished court
opinion regarding this case. The city had proposed collection of a fire
protection fee in the agency's fixed water rate which was challenged by the
community group. The appeals court upheld that collection of such a fee was
compliant with Proposition 218, however, the agency's rates were not
supported by a cost of service analysis, therefore violating state law.
President Barbre inquired about District preparations for the upcoming dry season,
staff participation in a meeting during which the state's conservation framework was
to be discussed, and the status of calculating the District's water use reduction
targets. Staff indicated that a representative would be participating in the meeting
and was considering participation in a cost-sharing program being offered by
MWDOC to assist member agencies with the calculations. President Barbre
requested discussion of the recent communication to residents near Highland
Reservoir be placed on the agenda for the October 5, 2023 Board meeting. Director
Lindsey requested a closed session be placed on a future Board meeting agenda to
discuss the 3M and DuPont litigation settlements.
9.CLOSED SESSION
The Board entered Closed Session at 3:50 p.m.
9.1. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: General Manager
Employee Organization: Yorba Linda Water District Employees Association
Minutes of the YLWD Board of Directors Regular Meeting Held September 21, 2023 at 3:00 p.m. 2
2023-097
9.2. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: General Manager
Unrepresented Employees: All Unrepresented Classifications
9.3. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
9.4. 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
10.1. REPORT FROM CLOSED SESSION
The Board returned from Closed Session at 4:50 p.m. No reportable action was taken.
11.ADJOURNMENT
11.1. The meeting was adjourned at 4:50 p.m.
c:21� ::YL?k� Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held September 21, 2023 at 3:00 p.m. 3