HomeMy WebLinkAbout2017-11-14 - Board of Directors Meeting Minutes (B) 2017-227
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, November 14, 2017, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The meeting was called to order at 6:34 p.m.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, President Marc Marcantonio, General Manager
Al Nederhood, Vice President Brett Barbre, Assistant General Manager
Andrew J. Hall, Director Steve Conklin, Engineering Manager
Phil Hawkins, Director John DeCriscio, Operations Manager
Brooke Jones, Director Gina Knight, HR/Risk and Safety Manager
Delia Lugo, Finance Manager
Art Vega, Information Technology Manager
Mike Carreon, Facilities Maintenance Worker
Annie Alexander, Executive Assistant
Saira Hernandez, Accountant
ALSO PRESENT
Andrew Gagen, Partner, Kidman Law LLP
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
Finance Manager Delia Lugo introduced Saira Hernandez, newly hired
Accountant.
5. INTRODUCTIONS AND PRESENTATIONS
5.1. Elected Official Liaison Reports
Assistant General Manager Brett Barbre, in his role as Director, reported
on recent MWDOC and MWDSC business. He also commented on the
status of the CA WaterFix and legislative activity.
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6. PUBLIC COMMENTS
None.
7. CONSENT CALENDAR
Vice President Nederhood requested Item No. 7.7. be removed from the Consent
Calendar. Director Hall stated he needed to abstain from voting on Item No. 7.5.
Director Hawkins made a motion, seconded by Director Jones, to approve Item
Nos. 7.1. through 7.6. on the Consent Calendar. Motion carried 5-0 with Director
Hall abstaining from voting on Item No. 7.5.
7.1. Minutes of the Board of Directors Workshop Meeting Held
September 20, 2017
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Minutes of the Board of Directors Special and Regular Meetings Held
September 26, 2017
Recommendation: That the Board of Directors approve the minutes as
presented.
7.3. Minutes of the Board of Directors Special and Regular Meetings Held
October 10, 2017
Recommendation: That the Board of Directors approve the minutes as
presented.
7.4. Minutes of the Board of Directors Workshop Meeting Held
October 19, 2017
Recommendation: That the Board of Directors approve the minutes as
presented.
7.5. Minutes of the Board of Directors Special Meeting Held October 24, 2017
Recommendation: That the Board of Directors approve the minutes as
presented.
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7.6. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of$842,258.11.
ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION
7.7. Claim for Damages Filed by Mercury Insurance Group
Staff responded to questions from the Board regarding the claim and
reasons for it being referred to ACWA-JPIA.
Director Hall made a motion, seconded by Director Hawkins, to reject the
claim filed by Mercury Insurance Group and refer it to ACWA-JPIA for
further handling. Motion carried 5-0.
8. ACTION CALENDAR
8.1. Amending the Personnel Rules
A revised copy of the associated resolution was distributed to the Board
and made available to the public just prior to the meeting.
Staff explained the impact of at-will employment on the District's
recruitment efforts for unrepresented positions and the proposed
procedure for making classification changes.
Director Hall made a motion, seconded by Director Hawkins, to adopt
Resolution No. 17-34 as revised amending the Personnel Rules for the
Yorba Linda Water District. Motion carried 5-0 on a Roll Call vote.
8.2. Amending Employee Compensation Letters to Rescind the At-Will
Employment Provision and Modify the Pay Plans for Unrepresented
Employees
Revised copies of the associated resolutions and exhibits were distributed
to the Board and made available to the public just prior to the meeting.
Staff summarized the impact of at-will employment on the District's
recruitment efforts and reviewed the proposed modifications to the pay
plans for unrepresented positions.
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Director Hall made a motion, seconded by Director Jones, to (1) adopt
Resolution No. 17-35 as revised to amend Exhibit A and further amend
Exhibit E of the Employee Compensation Letter (Resolution No. 15-08) in
order to rescind the at-will employment provision and modify the pay plan
for Management employees for the remainder of Fiscal Years 2015-2018;
and (2) adopt Resolution No. 17-36 as revised to amend both Exhibits A
and E of the Employee Compensation Letter (Resolution No. 15-07) in
order to rescind the at-will employment provision and modify the pay plan
for Professional and Confidential employees for the remainder of Fiscal
Years 2015-2018. Motion carried 5-0 on a Roll Call vote.
8.3. Publication of General Counsel's Opinion Letter Regarding MWDOC
Memorandum
Staff explained the purpose of General Counsel's opinion letter regarding
the Assistant General Manager's employment with the District and
concurrent service on MWDOC and MWDSC's Board of Directors.
Discussion followed regarding the District's policies and procedures for
Director and employee reporting of conflict of interests.
Director Hall made a motion, seconded by Director Nederhood, to direct
staff to publish General Counsel's opinion letter and attached
memorandum prepared by MWDOC's legal counsel regarding the
Assistant General Manager's employment with YLWD and concurrent
service on MWDOC and Met Boards of Directors. Motion carried 5-0.
8.4. Election for Association of California Water Agencies (ACWA) President,
Vice President and Bylaw Amendments
Staff provided an overview of ACWA's upcoming election, voting
procedures, and candidates. Staff also noted the proposed bylaw
amendments were minor.
Director Hawkins made a motion, seconded by Director Jones, to
authorize President Miller to cast the District's ballot for the ACWA
President, Vice President, and bylaws update at ACWA's Fall Conference
on November 29, 2017. Motion carried 5-0.
9. REPORTS, INFORMATION ITEMS, AND COMMENTS
9.1. Directors' Reports
Director Hall suggested the Board of Directors' policies and procedures
manual be reviewed and updated in the upcoming year.
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Director Jones requested staff compile talking points related to pending
legislation/regulations and schedule meetings to discuss same with
appropriate representatives.
Vice President Nederhood spoke in favor of Director Jones' request and
commented on the importance of broadcasting a consistent clear
message.
President Miller displayed some slides from a presentation he had
attended regarding the predictability of snow and rainfall in California.
9.2. General Manager's Report
General Manager Marc Marcantonio shared a message he'd received
from Mayor Peggy Huang and asked each of the managers to report on
activities within their respective departments.
9.3. General Counsel's Report
None.
9.4. Future Agenda Items and Staff Tasks
Vice President Nederhood requested an agenda item to discuss the status
of Fitch's surveillance and develop an action plan for issuing a customer
rebate. Staff noted the Board had previously taken action to issue the
rebate subject to reaffirmation of the District's AA rating from Fitch.
Should Fitch respond within the next week or so, staff will provide a report
at the next regular meeting. Brief discussion followed on how or whether
this matter should be agendized for the next regular meeting.
Vice President Nederhood requested an agenda item to discuss the
issuance of a Request for Proposals for general counsel services.
President Miller requested an agenda item to discuss the District's
process for issuing contracts.
General Manager Marcantonio explained that staff was in the process of
surveying local water agencies' rates for general and labor counsel
services, the results of which would be shared with the Board shortly.
General Counsel Andrew Gagen suggested staff contact the Monte Vista
Water District as they'd recently completed a similar survey.
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Vice President Nederhood Requested an agenda item to discuss needs
and costs associated with upgrading the audio/visual equipment in the
Board room.
Vice President Nederhood also requested an agenda item to discuss the
pay plan structures for unrepresented positions. The Board determined to
discuss this matter at the second regular meeting in January.
President Miller requested staff obtain historical earnings data from Public
Agency Retirement Services in order to prepare for selection of the
investment strategy at the next regular meeting.
10. COMMITTEE REPORTS
10.1. Interagency Committee with MWDOC and OCWD
(Miller/Nederhood)
■ Next meeting is scheduled November 20, 2017 at 4:00 p.m.
10.2. Joint Agency Committee with City of Yorba Linda
(Miller/Hawkins)
■ Next meeting is scheduled December 18, 2017 at 4:00 p.m. at YL
City Hall.
10.3. Joint Agency Committee with City of Placentia
(Miller/Nederhood)
■ Next meeting yet to be scheduled.
11. INTERGOVERNMENTAL MEETINGS
The Directors reported on their attendance at the following meetings.
11.1 MWDOC/OCWD Joint Planning Committee — October 25, 2017 (Jones/Nederhood)
11.2 OCSD Board — October 25, 2017 (Hawkins)
11.3. OCWD Groundwater Adventure Tour — October 26, 2017 (Jones)
11.4. ISDOC — October 26, 2017 (Hawkins/Nederhood)
11.5. MWDOC Board — November 1, 2017 (Nederhood)
11.6. OCSD Operations Committee — November 1, 2017 (Jones)
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11.7. YL State of the City — November 2, 2017 (Jones/Miller)
11.8. MWDOC Elected Officials' Forum — November 2, 2017 (Jones/Miller/Nederhood)
11.9 Well 21 Ribbon Cutting Ceremony — November 3, 2017 (Miller/Nederhood)
11.10 ISDOC Executive Committee — November 7, 2017 (Nederhood)
11.11 YL City Council — November 8, 2017 (Miller)
11.12 LAFCO — November 8, 2017 (Nederhood —As Needed)
General Counsel Gagen briefed the Board on a recent development related to pending
litigation between IRWD and OCWD. He also noted the information provided was
publicly available.
12. BOARD OF DIRECTORS ACTIVITY CALENDAR
12.1. Meetings from November 15 — December 31, 2017
The following matter was discussed during the special meeting which reconvened
following adjournment of this meeting.
14. ADJOURNMENT
14.1. The meeting was adjourned at 8:49 p.m.
Annie Alexander
Assistant Board Secretary
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