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Home My WebLink About2022-08-23 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, August 23, 2022, 5:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Were included on the agenda. 2. CALL TO ORDER 3. 4. »1 14 The meeting was called to order at 5:30 p.m. PLEDGE OF ALLEGIANCE Vice President Jones led the pledge. ROLL CALL DIRECTORS PRESENT J. Wayne Miller, PhD, President Brooke Jones, Vice President Trudi DesRoches Tom Lindsey DIRECTORS ABSENT Director Hawkins 2022-115 STAFF PRESENT Doug Davert, Interim General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary Danielle Logsdon, Principal Engineer Ethan Nakano, Assistant Engineer III ALSO PRESENT Andrew Gagen, General Counsel Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA Staff indicated that two reports associated with Item 10.7. had been revised and distributed to the Board and made available to the public. PUBLIC COMMENTS None. Minutes of the YLWD Board of Directors Regular Meeting Held August 23, 2022 at 5:30 p.m. 2022-116 7. CLOSED SESSION President Miller opened the meeting to public comment for items listed under Closed Session for which there was none. The Board entered Closed Session at 5:34 p.m. 7.1. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 7.2. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 7.3. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 7.4. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representative: General Counsel Unrepresented Employee: Assistant General Manager/ Interim General Manager 7.5. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives Unrepresented Employee: Board President and General Counsel General Manager 7.6. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager Minutes of the YLWD Board of Directors Regular Meeting Held August 23, 2022 at 530 p.m. 2 2022-117 The Board returned to Open Session at 6:40 p.m. 8. REPORT FROM CLOSED SESSION General Counsel Gagen reported that the Board took no reportable action during Closed Session. 9. ACTION CALENDAR 9.1. Agency's Designated Representative's Summary Recommendation Regarding Labor Negotiations with Unrepresented Employee (General Manager), Appointment of General Manager, and Approval of Employment Agreement for the Position of General Manager General Counsel Gagen gave a brief summary of the terms contained in the proposed 3 -year contract for the position of General Manager. President Miller opened the floor to public comment on this item for which there was none. Director Lindsey commented on the recruitment process and outstanding qualifications of all the candidates. He also commended Human Resources staff and General Counsel for their support and Interim General Manager Davert for his leadership. Vice President Jones applauded the final candidate, Major General Mark Toy, on his qualifications and accomplishments. President Miller also commended Human Resources staff for their hard work in developing a thorough rating process and commented on Mr. Toy's extensive experience in the military and managing teams and large projects. Al Nederhood, resident, commented on his personal knowledge of US Army Corp of Engineers' operations. Director Lindsey made a motion, seconded by Director Jones, to: (1) appoint Mark Toy to the position of General Manager; (2) approve the Employment Agreement for the position of General Manager; and (3) adopt Resolution No. 2022 -XX adopting the General Manager classification and salary effective August 29, 2022, and rescinding Resolution No. 2021-37. Motion carried 4- 0-0-1 on a roll call vote with Director Hawkins absent. Mr. Mark Toy thanked the Board and commented on his enthusiasm to be joining the District. Minutes of the YLWD Board of Directors Regular Meeting Held August 23, 2022 at 5:30 p.m. 2022-118 Director Jones made a motion, seconded by Director DesRoches, to adjust the salary of the Assistant General Manager/Interim General Manager from the classification of General Manager as identified in Resolution No. 2021-37 to the salary range for the classification of Assistant General Manager as identified in Resolution No. 2022-12 effective August 29, 2022. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 10. CONSENT CALENDAR President Miller opened the floor to public comment on items listed in the Consent Calendar. Al Nederhood, resident, commented on the financial statements associated with Item No. 10.6. Director DesRoches made a motion, seconded by Director Jones, to approve the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director Lindsey abstaining from voting on Item No. 10.1. and Director Hawkins absent. 10.1. Minutes of the Board of Directors Meeting Held July 26, 2022 and August 9, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 10.2. Reauthorizing Continuation of Virtual Teleconference Board Meetings Recommendation: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. 10.3. Endorsement of Vice President Brooke Jones' Candidacy for 3rd Vice President on the Independent Special Districts of Orange County (ISDOC) Executive Committee Recommendation: That the Board of Directors adopt Resolution No. 2022 -XX endorsing the candidacy of Vice President Brooke Jones to the position of 3rd Vice President on ISDOC's Executive Committee. 10.4. Claim for Damages Filed by Dean and Christine Allevato Recommendation: That the Board of Directors reject and deny the claim filed by Dean and Christine Allevato. Minutes of the YLWD Board of Directors Regular Meeting Held August 23, 2022 at 530 p.m. 4 2022-119 10.5. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,424,309.01. 10.6. Unaudited Financial Statements for the Fourth Quarter of Fiscal Year 2021-22 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Fourth Quarter of Fiscal Year 2021-22. 10.7. Directors' and General Manager Fees and Expenses Report for the Fourth Quarter of Fiscal Year 2021-22 Recommendation: That the Board of Directors receive and file the Directors' and General Manager Fees and Expenses Report for the Fourth Quarter of Fiscal Year 2021-22 (as revised). 10.8. Purchase of Backhoe Tractor Recommendation: That the Board of Directors authorize the Interim General Manager to purchase a backhoe tractor in the amount of $175,02 7.29. 11. DISCUSSION ITEMS 11.1. Easement to City of Yorba Linda for Horse Trail at Highland Reservoir President Miller opened the floor to public comment on this item. Jamie Lai, Public Works Director for City of Yorba Linda, indicated she was available to answer any related questions. Staff briefed the Board on the City of Yorba Linda's request for an easement near Highland Reservoir for the purposes of a horse trail. Staff is requesting direction from the Board as to moving forward with the easement process pending review by General Counsel. Security fencing would be installed at the site to prevent public access to the reservoir. Staff also reviewed a map of the site indicating the location of the horse trail and the proposed fence line. Discussion touched on planned improvements to the surface of the horse trail, any potential impact to District facilities, future maintenance of the fence line at this site, overall site security for District reservoirs, the public benefit of this project, and the estimated timeline for completion. Staff was directed to work with the City of Yorba Linda on this request which will be brought back to a future Board meeting for consideration. Minutes of the YLWD Board of Directors Regular Meeting Held August 23, 2022 at 5:30 p.m. 2022-120 11.2. Temporary Modification of Regular Board Meeting Schedule The Board discussed the future temporary modification to the Board schedule. Board meetings will be moved to the 3rd Wednesday of each month for the next few months beginning in October. 12. REPORTS, INFORMATION ITEMS, AND COMMENTS Assistant General Manager Davert thanked the Board for their leadership and commended staff for their hard work over the last 9 months. 13. ADJOURNMENT 13.1. Director Lindsey made a motion, seconded by Director DesRoches, to adjourn the meeting at 7:31 p.m. Motion passed 4-0-0-1 on a roll call vote with Director Hawkins absent. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held August 23, 2022 at 5:30 p.m. 6