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Home My WebLink About2023-08-03 - Board of Directors Meeting Minutes1. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 3, 2023, 3:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. 2.CALL TO ORDER The meeting was called to order at 3:00 p.m. 3.PLEDGE OF ALLEGIANCE Vice President DesRoches led the pledge. 4.ROLL CALL DIRECTORS PRESENT Brett R. Barbre, President STAFF PRESENT Mark Toy, General Manager 2023-077 Trudi DesRoches, Vice President Tom Lindsey J.Wayne Miller, Ph.D. Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager 5. DIRECTORS ABSENT Phil Hawkins ALSO PRESENT 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. The following items were taken out of order. 7.PUBLIC COMMENTS Ray Sanchez, resident, addressed the Board and requested a reduction in the fees required to connect his property to the District's sewer system. The Board requested Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 2023-078 staff obtain additional details regarding this matter including available options and recommendations for consideration of Mr. Sanchez's request at the regular meeting on September 7, 2023. 6.INTRODUCTIONS AND PRESENTATIONS 8. 6.1. Recognition of Employee of the Quarter General Manager Toy announced that Nick Hollon, Senior Maintenance Worker, had been awarded Employee of the Quarter ending June 30, 2023. Mr. Toy noted that Mr. Hollon was not available to be recognized in person and highlighted Mr. Hollon's specific accomplishments considered during the nomination process for which he reviewed for the Board. 6.2. Introduction of Newly Hired Public Affairs Officer General Manager Toy introduced Joanna Gonzalez, newly hired Public Affairs Officer, who provided a brief overview of her professional experience. DISCUSSION ITEMS 8.1. Proposed Equestrian Easement at Highland Reservoir Each of the Directors shared their individual impressions from the recent site visit. Discussion touched on the need for maintaining security of District facilities, deferring consideration of granting an easement to the City of Yorba Linda as the proposed horse trail project is currently unfunded, soliciting and addressing resident concerns, the proposed installation of a secondary security fence, entering into a joint agreement with the residents to share costs for ongoing maintenance of the access road, preservation of the existing natural landscape, and District liability concerns. Manual Roman, resident, spoke against the installation of a secondary fence and against the height of the proposed horse trail due to privacy concerns. Nick Diaz, resident, spoke against the installation of a secondary fence and in favor of sharing the cost for ongoing maintenance of the access road and preserving the existing landscape. The Board requested staff prepare an agenda item for the September 7, 2023 regular meeting to consider the proposed installation of a secondary security fence at the site and entering into a cost-sharing agreement with nearby residents for ongoing maintenance of the access road. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 2 2023-079 6.INTRODUCTIONS AND PRESENTATIONS CONTINUED 9. 6.3. Elected Official Liaison Reports None. 6.4. Briefing on Colorado River Deal Karl Seckel, Director for MWDOC and MWDSC, introduced Bill Hasencamp, Manager of Colorado River Resources for MWDSC. Mr. Hasencamp reviewed the critical nature of the Colorado River and key points of the Lower Basin's short-term proposal to the US Bureau of Reclamation for demand reductions through 2026. States in the Lower Basin are also working collectively to address future demand reductions following expiration of the interim guidelines at the end of 2025. 6.5. Briefing on OCWD Municipal Services Review by OC LAFCO Luis Papia, Assistant Executive Officer for OC LAFCO, outlined the purpose of LAFCO's and the scope of the municipal services review (MSR) for OCWD to assess the feasibility of consolidating with MWDOC. The draft MSR is expected to be available for public review in September 2024. CLOSED SESSION The Board entered Closed Session at 4:56 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 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 REPORT FROM CLOSED SESSION The Board returned from Closed Session at 5:19 p.m. No reportable action was taken. Minutes of the YLWD Boord of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 3 10.CONSENT CALENDAR 2023-080 Staff responded to questions from President Barbre and Director Miller regarding the status of transitioning bill payments to ACH, performing due diligence for OCCIP, and increased costs for SCADA support. Director Miller made a motion, seconded by Director Lindsey, to approve theConsent Calendar. Motion carried 4-0-0-1 with Director Hawkins absent. 10.1. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $3,824,920.55. 10.2. Cash and Investment Report for the Period Ending June 30, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended June 30, 2023. 10.3. Second Amendment to Professional Services Agreement (PSA) for Supervisory Control and Data Acquisition (SCADA) Integration Services Recommendation: That the Board of Directors authorize staff to amend the PSA with RKI Engineering to increase the not-to-exceed amount of the agreement by $125,000 for a new not-to-exceed amount of $199,000. 10.4. Amending Discontinuation of Residential Water Services for Nonpayment Policy (SB 998) Recommendation: That the Board of Directors adopt Resolution No. 2023-XX amending the Discontinuation of Residential Water Service for Nonpayment Policy. 11.ACTION CALENDAR 11.1. Adopting Budgeted Positions, Job Classifications and Salary Schedule, Unrepresented Employees Personnel Manual, and YLWD Employees Association Memorandum of Understanding President Barbre explained that during Closed Session, it was proposed to add two recitals to the resolution ratifying the budgeted positions and job classifications and salary schedule indicating that the Board of Directors determined that ( 1) no position classification be Y-rated; and (2) a full classification and compensation study be conducted and completed by January 1, 2025. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 4 12. 2023-081 Director Miller made a motion, seconded by Director DesRoches, to ( 1] adopt Resolution 2023-XX adopting the Budgeted Positions, Job Classifications and Salary Schedule for Fiscal Year 2024 including the proposed revisions; (2) adopt Resolution 2023-XX adopting the Memorandum of Understanding Between the District and the YLWD Employees Association for Fiscal Years 2024-2025; (3) and adopt Resolution 2023-XX adopting the Personnel Manual for Unrepresented Employees for Fiscal Years 2024-2025. Motion carried 4-0-0-1 on a roll call with Director Hawkins absent. 11.2. Response to OC Grand Jury Report Director Miller commented on some revisions he had proposed which were distributed to the Board and made available to the public. The Board determined to defer consideration of this matter to the regular meeting on August 17, 2023. 11.3. ACWA Election of Board Officers for 2024-2025 Term President Barbre explained that he had inadvertently submitted the electronic ballots for the ACWA and ACWA Region 10 elections. He noted that Cathy Green was the only candidate for President and that he had selected Ernesto Avila for Vice President. He indicated that the ballot could potentially be revised if the Board desired, however, no Directors expressed opposition to the selected candidates. 11.4. ACWA Region l O Election of Officers and Board Members for 2024-2025 Term President Barbre explained that Dana Friehauf and Charles Gibson were the only candidates for Chair and Vice Chair respectively and that he had selected Alexandra Berenter (San Diego County), Maurice DePasquale (Orange County), and Deborah Neev (Orange County) for members of the Board. No Directors expressed opposition to the selected candidates. 11.5. Nominations for ACWA Committee Appointments This matter was deferred to the regular meeting on August 17, 2023. REPORTS, INFORMATION ITEMS, AND COMMENTS 12.1. Director's Reports The Directors reported on their attendance at recent meetings and events. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 5 2023-082 12.2. General Manager's Report General Manager Toy reported that staff met with Fitch Ratings on July 26, 2023 for the annual surveillance and YLWD has retained its rating of AA+ with a positive outlook. To be considered for a AAA rating, the District will need to maintain its current rating for at least two years. President Barbre commented on the District's historical contract signature authority limits for the General Manager and department managers and historical expenditures for labor counsel services for which a listing was included in the General Manager's written report. Discussion followed regarding contracts presented to the Board for approval and components of the District's purchasing policy including the competitive selection process. The Board requested staff perform a survey of local water agencies' utilization of separate firms for labor counsel services for review at the regular meeting on September 7, 2023. The Board also requested an overview of the District's purchasing policy at a future meeting. 12.3. General Counsel's Report General Counsel Gagen extended an invitation for two Directors to attend a special briefing on the proposed settlements of the class action lawsuit against PFAS manufacturers 3M and Dupont. President Barbre requested an item on the agenda for the August 17, 2023 Board meeting to consider the water capacity fee for 19941 Crestknoll Drive. 12.4. Future Agenda Items and Staff Tasks No additional agenda items or tasks were requested. General Manager Toy confirmed the agenda items requested by the Board and their respective meeting dates for consideration. 13.COMMITTEE REPORTS 13.1. lnteragency Committee with MWDOC and OCWD Miller/ DesRoches -Next meeting will be scheduled when needed. 13.2. Joint Agency Committee with City of Yorba Linda Lindsey/ DesRoches -Next meeting will be scheduled when needed. 13.3. Joint Agency Committee with City of Placentia Lindsey/ DesRoches -Next meeting will be scheduled when needed. 13.4. Joint Agency Committee with City of Brea Barbre / Lindsey -Initial meeting to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 6 2023-083 13.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Barbre / Lindsey -Next meeting will be scheduled when needed. 14.BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1 Meetings from August 4 -September 30, 2023 9.CLOSED SESSION CONTINUED The Board entered Closed Session at 6:30 p.m. 9.3. 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 9.4. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager REPORT FROM CLOSED SESSION The Board returned from Closed Session at 6:43 p.m. No reportable action was taken. 15.ADJOURNMENT 15.1. The meeting was adjourned at 6:43 p.m. c�;,!> Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held August 3, 2023 at 3:00 p.m. 7