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HomeMy WebLinkAbout2024-02-08 - Board of Directors Meeting Minutes1. 2. 3. 4. 5. 6. 7. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, February 8, 2024, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. CALL TO ORDER The meeting was called to order at 8:30 a.m. PLEDGE OF ALLEGIANCE Vice President Lindsey led the pledge. ROLL CALL DIRECTORS PRESENT Trudi DesRoches, President Tom Lindsey, Vice President Brett R. Barbre Phil Hawkins Gene Hernandez 2024-01 1 STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Lori Thompson, Human Resources and Risk Manage Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Joanna Gonzalez, Public Affairs Officer Bree Jozwiak, Assistant Board Secretary ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/ DELETIONS TO THE AGENDA (None) AB 2449 TELECONFERENCE REQUESTS (None) INTRODUCTIONS AND PRESENTATIONS 7.1 Elected Official Liaison Reports (None) 7.2 Introduction of New Hires General Manager Toy introduced the following newly hired employees: Brandon Duke, Maintenance Worker I Ashton Tennison, Maintenance Worker I Adrian Neri, Plant Operator I Yvette Hanna, Senior Engineer Bree Jozwiak, Administrative Assistant Minutes of the YLWD Board of Directors Regular Meeting Held February 8, 2024 at 8:30 a.m. 2024-012 General Manager Toy also recognized Nicole Dalton, Field Customer Service Representative/Meters II, for being awarded Employee of the Quarter. S. PUBLIC COMMENTS Nick Diaz inquired as to the status of communications with residents near Highland Reservoir regarding the access road. General Manager Toy explained that following staff review of the challenges and complexities associated with this matter, he directed Engineering Manager Weston to engage a consultant. PSOMAS will be providing assistance with this project and the erosion mitigation project on Green Crest Drive. He also noted that not all the property owners were in agreement concerning the access road. President DesRoches suggested the formation of an ad hoc review group to assist with these efforts. Directors Barbre and Hernandez volunteered to participate. Director Hernandez suggested staff communicate the current status to residents. Director Lindsey made a motion, seconded by Director Hawkins, to appoint Directors Barbre and Hernandez to serve on an ad hoc review group to support efforts related to the access road at Highland Reservoir. Motion carried 5-0-0-0. Nick Diaz and another resident continued their comments on this matter. 9. CLOSED SESSION The Board entered Closed Session at 8:52 a.m. 9.1. Liability Claims Pursuant to Section 54956.95 of the California Government Code Claimant: Sarah and Gregory Bender, Sr. Agency Claimed Against: Yorba Linda Water District 9.2. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 10. REPORT FROM CLOSED SESSION The Board returned from Closed Session at 9:13 a.m. General Counsel Gagen reported that the Board took action on Item No. 9.1., by unanimous vote, to reject the claim submitted by Sarah and Gregory Berider, Sr. which was dated December 28, 2023 and presented to the District on December 29, 2023. No other reportable action was taken. Minutes of the YLW D Board of Directors Regular Meeting Held February 8, 2024 at 8:30 a.m. 2024-013 11. CONSENT CALENDAR Director Barbre requested to remove Item No. 11.8. and Director Hernandez requested to remove Item No. 11.5. from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director Lindsey, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0. 11.1. Minutes of the Board of Directors Meetings Held December 12, 2023 -January 4, 2024 Recommendation: That the Board of Directors approve the minutes as presented. 11.2. Payments of. Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $8,601,407.59. 11.3. Unaudited Financial Statements for Period Ended December 31, 2023 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Second Quarter Ended December 31, 2023 of Fiscal Year 2023-24. 11.4. Cash and Investment Reports for Period Ended December 31, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Period Ended December 31, 2023. 11.6. Award of Construction Contract for Fiscal Year 2023-24 Pressure Regulating Station Replacement Project Recommendation: That the Board of Directors award the construction contract for the Fiscal Year 2023-24 Pressure Regulating Station Replacement Project to Big Ben, Inc. for $1,331,526.00, Job Nos. J-2023-46, 48, 49, 51, 52 and 53. 11.7. Award of Professional Services Agreements for the Multiple Award Task Order Contract for Professional Engineering Services Recommendation: That the Board of Directors authorize the General Manager to execute five (5) non-exclusive Professional Services Agreements for the Multiple Award Task Order Contract for Professional Engineering Services with Albert A. Webb Associates, Hazen and Sawyer, MKN & Associates, Psomas, and Tetra Tech, Inc. for an initial period of three (3) years and cumulative total not to exceed of $3,000,000. Minutes of the YLWD Board of Directors Regular Meeting Held February 8, 2024 at 8:30 a.m. 3 2024-014 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 11.5. Directors and General Manager Fees and Expenses Report for Second Quarter of Fiscal Year 2023-24 Director Hernandez requested a review of the District's policy for meal reimbursement when traveling on business. Discussion followed regarding best business practices and associated requirements for utilizing alternative methods for meal reimbursement such as a per diem. Staff will provide additional information to the Board regarding this matter and obtain a copy of the City of Yorba Linda's travel expense reimbursement policy for comparison. Director Barbre inquired as to whether the District had ordered a CalCard in his name. Staff confirmed that no card was requested. Director Barbre made a motion, seconded by Director Hawkins, to receive and file the Directors and General Manager Fees and Expenses Report for the Second Quarter of Fiscal Year 2023-24. Motion carried 5-0-0-0. 11.8. Request for Proposals for Comprehensive Classification and Compensation Study Director Barbre inquired as to whether the completed study would be presented to the Board by January 1, 2025. Staff confirmed this was correct. General Manager Toy suggested that a Director assist with reviewing the proposals once received to narrow down the number for the Board consideration. Director Barbre made a motion, seconded by Director Hernandez to authorize staff to distribute the Request for Proposals for a Comprehensive Classification and Compensation Study. Motion carried 5-0-0-0. Director Barbre made a motion, seconded by Director Hernandez, to appoint Directors Hawkins and Lindsey to serve on an ad hoc review group to review the proposals for the Comprehensive Classification and Compensation Study once received. Motion carried 5-0-0-0. 12. PUBLIC HEARINGS 12.1. Board of Directors Compensation President DesRoches opened the public at hearing at 9:27 a.m. Minutes of the YLWD Board of Directors Regular Meeting Held February 8, 2024 at 8:30 a.m. 2024-015 Discussion touched on the amount of the eligible increase for Directors' compensation, the last time the Board had increased their compensation, and the effect of making an adjustment at this time. President DesRoches opened the floor to public comment for which there was none. Discussion continued regarding the survey of other local water district's compensation rates. Director Barbre requested that the compensation rates for Serrano Water District and Laguna Beach County Water District be included in the next survey. President DesRoches closed the public hearing at 9:31 a.m. Director Hernandez made a motion, seconded by Director Lindsey, to adopt Ordinance No. 2024-XX setting compensation for members of the Board pursuant to Section 20200 et seq. of the California Water Code and superseding Ordinance No. 03-01. Motion carried 5-0-0-0 on a roll call vote. 13. ACTION CALENDAR 13.1. Board of Directors' Committee, Agency, and Intergovernmental Meeting Assignments and Amendments to Policies and Procedures Manual Director Hernandez expressed appreciation for the ability of Directors to attend meetings for which they may not be assigned as the primary designate and noted there may be occasional conflicts with the City Council meetings and PYLUSD meetings. Director Barbre stated that he was recently appointed to serve on the advisory board for the new charter school and would be attending PYLUSD meetings. Director Hawkins made a motion, seconded by Director Barbre, to approve the continuation of existing committees and assignments and the proposed agency and governmental meeting assignments for the 2024 calendar year; and (2) adopt Resolution No. 2024-XX amending Section 9.1 of the Board of Directors Policies and Procedures Manual. Motion carried 5-0-0-0 on a roll call vote. 14. REPORTS, INFORMATION ITEMS, AND COMMENTS 14.1. Director's Reports The Directors reported on their attendance at recent meetings and events. Vice President Lindsey requested General Manager Toy contact the WACO president regarding working with USACE to address an issue with silt at Prado Dam. Minutes of the YLW D Board of Directors Regular Meeting Held February 8, 2024 at 8:30 a.m. 2024-016 14.2. General Manager's Report General Manager Toy referenced his report included in the agenda packet. At the request of Director Barbre, staff briefed the Board regarding repairs needed for Pre -filter No. 4 at the PFAS Water Treatment Plant and the expired warranty. President DesRoches thanked staff for their timely notification and response related to a recent water leak. General Manager Toy noted that the procedures for notifying the Board regarding incidents would be presented for consideration at the next meeting. 14.3. General Counsel's Report General Counsel Gagen reviewed the status of California Restaurant Association v. City of Berkeley and explained that based on the outcome, there was no need for preparing an Amicus Brief as previously discussed by the Board. 14.4. Future Agenda Items and Staff Tasks Director Barbre requested staff update the Board in regard to scheduling the renaming ceremony for the PFAS Water Treatment Plant and to provide the Board with updated emergency contact cards and an updated monthly compensation form. He also asked if the Board had any specific concerns to bring up during his planned visit to Washington DC with Director Hernandez and requested a future agenda item to discuss specific concerns to bring up with OCWD and MWDOC. President DesRoches suggested that perhaps some topics would come up during the strategic plan workshop. Director Barbre also inquired as to any plan for addressing the electric vehicle mandate and suggested that the Board may want to consider pursuing legislation to repeal the law or extend the deadline for compliance. He also requested staff prepare certificates of recognition for outgoing electeds such as mayors or presidents of other local agencies on an annual basis. President DesRoches requested an agenda item to review and prioritize 'he District's communications plan. 15. COMMITTEE REPORTS 15.1. Interagency Committee with MWDOC and OCWD 15.2. Joint Agency Committee with City of Yorba Linda 15.3. Joint Agency Committee with City of Placentia 15.4. Joint Agency Committee with City of Brea 15.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Minutes of the YLWD Board of Directors Regular Meeting Held February 8, 2024 at 8:30 a.m. 2024-017 16. BOARD OF DIRECTORS ACTIVITY CALENDAR 16.1 Meetings from February 9 -March 31, 2024 17. DISCUSSION ITEMS 17.1. Process for Reviewing Proposals for General Counsel Services General Manager Toy noted the 6 firms had submitted a proposal for the provision of these services and that in -person interviews and contract award were scheduled for Thursday, March 14, 2024 at 8:30 a.m. and Thursday, April 11, 2024 at 8:30 a.m. respectively. Discussion followed regarding methods for narrowing down the number of firms with which to schedule interviews. The Board determined to review the proposals and decide which firms to interview during the meeting scheduled Thursday, February 22, 2024 at 8:30 a.m. The Board also determined to reschedule the interviews to a special meeting on Tuesday, March 26, 2024 at 8:30 a.m. Discussion continued regarding developing a matrix of the firms' qualifications and fees and the process for identifying the Board's individual and cumulative priorities. The meeting was recessed at 10:30 a.m. and reconvened at 10:35 a.m. 17.2. Strategic Plan Update General Manager Toy introduced Joe Sterling, owner of Rainforest Strategies LLP, who facilitated the workshop. Extended discussion followed regarding each of the following goals contained in the existing strategic plan and the suggested revisions being proposed by each team: Goal 1: Safe and Reliable Water and Sewer Service Goal 2: Fiscal Responsibility Goal 3: Operational Effectiveness Goal 4: Community Partnership Goal 5: Workforce Engagement Staff made note of the priorities discussed and will present an updated draft strategic plan for Board review at a future meeting. 18. ADJOURNMENT 18.1. The meeting was adjourned at 1:40 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held February 8, 2024 at 8:30 a.m.