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HomeMy WebLinkAbout2023-10-19 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 19, 2023, 3:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 2023-105 1.TELECONFERENCE SITE 2. University of California -Riverside 1084 Columbia Ave Riverside CA 92507 PARTICIPATION INSTRUCTIONS Were included on the agenda. 3.CALL TO ORDER The meeting was called to order at 3:09 p.m. 4.PLEDGE OF ALLEGIANCE Director Lindsey led the pledge. 5.ROLL CALL 6. 7. 8. DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Tom Lindsey J.Wayne Miller, Ph.D. DIRECTORS ABSENT 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 Jacqueline Segura, Human Resources Analyst Andrew Gagen, General Counsel, Kidman Gagen Law LLP President Barbre noted that Director Miller was participating in the meeting via teleconference and that all votes would be taken by roll call. ADDITIONS/DELETIONS TO THE AGENDA (None) AB 2449 TELECONFERENCE REQUESTS (None) PUBLIC COMMENTS Director Miller stated that he had received correspondence from five individuals in the past few days. The other Directors present confirmed they had also received the same correspondence. Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m. 2023-106 Yorba Linda Mayor Gene Hernandez expressed appreciation for. the Board's attendance at the State of the City event and for Vice President DesRoches' presentation at the most recent Council meeting. He then reported on the City's Annual Pavement Preservation Project and community involvement in the Housing Element Update process. 9.ACTION CALENDAR 9.1. Request for Proposals for Water and Sewer Rate Study Brooke Jones, resident, commented on the District's reserves and encouraged efficiency when planning and funding capital projects. Al Nederhood, resident, commented on information contained in the staff report for this item and historical financial reports. He also spoke against the performance of a rate study at this time. Staff reviewed the purpose for the study and factors impacting the District's operating and capital costs which have proven to be greater than projected when the study was performed in 2021. Al Nederhood, MWDOC Director, commented on the agency's decreased funding percentage for unfunded accrued liabilities due to volatility in the financial markets. Discussion followed regarding increased operating expenses, status of funding reserves and unfunded accrued liabilities, and communicating the purpose of District reserves and capital improvement plan. Topics also touched on the cost for performing the 2021 rate study, the proposed timeline for conducting a new rate study and public hearing, and expenses paid for through rates including the District's operating expenses, annual debt service obligations, and funding reserves for future capital improvement projects. Discussion continued on the need for conducting a rate study now versus waiting until the current study is scheduled to expire, narrowing the study's scope to the commodity rate, utilizing bond funding and reserves for capital· improvement projects, enhancing customer communications, and the impact of waiting one year to conduct the study. Director Miller made a motion, seconded by Director Lindsey, to defer consideration of this matter for one year. Motion carried 4-0-0-1 with Director Hawkins absent. Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m. 2 9.2. Amending Purchasing Policy to Address Multiple Year Contracts 2023-107 Staff reviewed the proposed language to be added to the policy. President Barbre suggested including a pro vision for staff to provide quarterly reports to the Board listing contracts executed under the General Manager's signature authority (up to $75,000). Director Lindsey suggested that the quarterly report be reviewed by the Financial Review Group and then provided to the Board. Director Miller suggested the report also be limited to contracts over a minimum dollar amount. Director Barbre mode a motion, seconded by Director DesRoches, to adopt Resolution 2023-XX adding Section 5.4.2.2. to the Purchasing Policy (3010-007- POL) and direct staff to provide quarterly reports to the Board listing contracts executed under the General Manager's signature authority, up to $75,000 maximum, with a minimum dollar amount to be determined by the Financial Review Group. Motion carried 4-0-0-1 with Director Howkins absent. 9.3. Amending Schedule for Regular Board Meetings Each of the Directors shared their individual scheduling preferences. Following discussion, it was the consensus of the Board to change the schedule for regular Board meetings to the second and fourth Thursday's of each month at 8:30 a.m. Director Barbre made a motion, seconded by Director DesRoches, to adopt Resolution No. 2023-XX amending the schedule for regular Boord meetings to the second and fourth Thursday's of each month at 8:30 o.m. subject to Director Hawkins' availability. Motion carried 4-0-0-1 with Director Howkins absent. 9.4. Ratifying Amended Budgeted Positions for the Remainder of Fiscal Year 2024 General Manager Toy reviewed the amended salary adjustments for two positions. Director Miller mode a motion, seconded by Director DesRoches, to adopt Resolution No. 2023-XX ratifying amendments to the budgeted positions for the remainder of Fiscal Year 2024. Motion carried 4-0-0-1 with Director Hawkins absent. 9.5. General Manager Renewal of Credentials Discussion briefly touched on the District's past practice in regard to payment for employee's industry related licenses and certifications. Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m. 3 2023-108 Director Miller made a motion, seconded by Director Lindsey, to approve the payment of fees for the General Manager to renew his credentials as aProfessional Engineer (P.E.) and Board Certified Water Resources Engineer (BC. WRE). Motion carried 4-0-0-1 with Director Hawkins absent. 10.CLOSED SESSION The Board entered Closed Session at 4:37 p.m. 10.1. 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 Superior Court -Case No. 30-2020-01172419-Cu-PL-CXC) 10.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 10.3. 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 11.1. REPORT FROM CLOSED SESSION The Board returned from Closed Session at 5:55 p.m. General Counsel Gagen reported that the Board of Directors had voted 4-0-0-1 with Director Hawkins absent not to opt out of the 3M and DuPont litigation settlements as related to Item No. 10.1. 12.ADJOURNMENT 12.1. The meeting was adjourned at 5:55 p.m. 4-FWLM.-t �.tUR41: Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m. 4