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HomeMy WebLinkAbout2023-10-05 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, October 5, 2023, 3:00 p.m. 1717 E Miraloma Ave, Placentia CA 92870 2023-099 1.TELECONFERENCE SITE University of California -Riverside 1084 Columbia Ave Riverside CA 92507 2.PARTICIPATION INSTRUCTIONS Were included on the agenda. 3.CALL TO ORDER 5. The meeting was called to order at 3:02 p.m. President Barbre stated that Director Miller was participating in the meeting remotely in Riverside CA as indicated on the posted agenda and that Vice President DesRoches had submitted an AB 2449 request for remote participation which would be considered under Item No. 7. The following items were taken out of order. ROLL CALL DIRECTORS PRESENT Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins Tom Lindsey J.Wayne Miller, Ph.D. ALSO PRESENT STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Joanna Gonzalez, Public Affairs Officer Vivian Lim, Human Resources Analyst Alex Ramirez, Safety Officer Andrew Gagen, General Counsel, Kidman Gagen Law LLP Director Miller confirmed that the agenda for this meeting had been posted outside the remote location, the location was accessible for public participation if desired, and there were no members of the public present to provide comment. Minutes of the YLWD Board of Directors Regular Meeting Held October 5, 2023 at 3:00 p.m. 7. 4. 2023-100 AB 2449 TELECONFERENCE REQUESTS General Manager Toy stated that on September 28, 2023, Vice President DesRoches had notified the District of her potential need for remote participation in the meeting due to a "Just Cause" circumstance as she was providing care for an immediate family member. Vice President DesRoches also confirmed that no one over the age of 18 was present at the remote location. President Barbre confirmed that a quorum of the Board was physically present, that Vice President DeRoches had not used the "Just Cause" exception for more than two meetiogs this calendar year, and that a two-way audiovisual platform had been provided to accommodate public participation in the meeting. PLEDGE OF ALLEGIANCE Engineering Manager Weston led the pledge. 5.ADDITIONS/DELETIONS TO THE AGENDA (None) 8.INTRODUCTIONS AND PRESENTATIONS 8.1. Elected Official Liaison Reports (None) 9.PUBLIC COMMENTS (None) 11.ACTION CALENDAR 11.4. Communications with Residents Near Highland Reservoir Regarding Proposed Equestrian Easement and Proposed Security Fence Staff reviewed key components of the most recent written communication and noted that two residents had requested an in-person meeting to discuss the matter. President Barbre stated that a written response had also been received from Nick Diaz. General Manager Toy indicated that Mr. Diaz would be meeting with staff in the following week and another resident would be scheduling a meeting with staff later in October or November. Nick Diaz, resident, requested clarification on some of the language contained in the letter and a copy of the gate key in case of emergency. Staff explained that some of the scenarios in the letter were examples of topics on which residents may want to provide input and that emergency services were able to gain access through the gate when needed. Jamie Lai, Public Works Director/City Engineer for City of Yorba Linda, confirmed that the proposed horse trail project at this site was on hold untif funded and that an easement with the District would only be requested in the event of future development. No action was taken on this item. Minutes of the YLWD Board of Directors Regular Meeting Held October 5, 2023 at 3:00 p.m. 2 10.CONSENT CAL EN DAR 2023-101 Director Hawkins made a motion, seconded by Director Undsey, to approve the Consent Calendar. Motion carried 5-0-0-0 on a roll call. 10.1. Minutes of the Board of Directors Meetings Held August 3 -August 22, 2023 Recommendation: That the Board of Directors approve the minutes as presented. 10.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $6,016,684.26. 10.3. Cash and Investment Report for the Period Ended August 31, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended August 31, 2023. 10.4. Claim for Damages Filed by Cari McCormick Recommendation: That the Board of Directors reject and deny the claim filed by Cari McCormick. 11.ACTION CALENDAR CONTINUED 11.1. Amendments to the Board of Directors Policies and Procedures Manual President Barbre suggested deferring consideration of this matter until January 2024 unless there was a matter of urgency. Discussion touched on proposed amendments to the Code of Conduct section of the policy, specifically the provisions for addressing harassment, discrimination, and retaliation prevention (HDRP) and the handling of reports involving a Director. Staff suggested the Board consider approving the proposed amendments to the Benefits section of the policy at this time rather than waiting. Discussion continued regarding state requirements for and applicability of an HDRP policy to Directors, alternative options for the Board to address reports involving a Director, and surveying local water agencies regarding their Board and employee HDRP policies and coverage of Directors. Director Lindsey made a motion, seconded by Director DesRoches, to adopt Resolution No. 2023-XX amending Section 9.2 ( A) of the Board of Directors Policies and Procedures Manual and direct staff to conduct a survey and provide examples of other local water agencies' Board and employee HDRP policies. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held October 5, 2023 at 3:00 p.m. 3 2023-102 Directors will provide their individual input on the remaining proposed amendments to staff in preparation for consideration of this matter in the new year. 11.2. Amendment to Fiscal Year 2023-24 Operating Budget Staff explained that as previously pending labor negotiations were now concluded, an amended budget for salaries and related expenses for FY24 was being presented for consideration. Director Miller made a motion, seconded by Director DesRoches, to adopt Resolution No. 2023-XX adopting the Amended Operating Budget for Fiscal Year 2023-24 (Financial Summaries). Motion carried 5-0-0-0 on a roll call vote. 11.3. Request for Proposals (RFP) for Legal Services Staff explained that this matter was placed on the agenda at the request of the Board. Discussion followed regarding the types of legal services utilized by the District, historical Board action related to the provision of legal services, deferring consideration of this matter until after the District's Purchasing Policy is amended to address multi-year contracts, and the initial duration of a future contract for legal services and duration of optional extensions. Director Hawkins made a motion, seconded by Director Barbre, to direct staff to prepare an RFP for legal services for an initial contract period of 5 years with up to two 5-year extensions for Board review at the November 2, 2023 regular meeting and final consideration at the November 16, 2023 regular meeting. Motion carried 5-0-0-0 on a roll call vote. Directors will provide General Manager Toy the names of firms they may like to invite to submit a proposal. 11.5. Capital Improvement Plan Review Group Staff suggested the Board consider forming a temporary review group consisting of two Directors to assist with the review and prioritization of capital projects in preparation for a future workshop meeting. Director Hawkins made a motion, seconded by Director Lindsey, to appoint President Barbre and Director Miller to a temporary Capital Improvement Plan Review Group in preparation for a future Board workshop meeting. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held October 5, 2023 at 3:00 p.m. 4 12. 13. DISCUSSION ITEMS 12.1. Wildfire Tabletop Exercise and After Action Report 2023-103 Staff reviewed the objectives of a recent wildfire tabletop exercise, notable areas of strength, lessons learned, and improvement plans. The Board commended staff for their efforts. REPORTS, INFORMATION ITEMS, AND COMMENTS 13.1. Director's Reports The Directors reported on their attendance at recent meetings and events. Director Miller requested an item on a future agenda to discuss the schedule for regular Board meetings. Director Lindsey also requested this same item. 13.2. General Manager's Report (Included in the agenda packet.) 13.3. General Counsel's Report (None) 13.4. Future Agenda Items and Staff Tasks President Barbre inquired as to the status of the RFPs for performance of a rate study and performance of a classification and compensation study. Staff noted that the RFP for the rate study would be presented to the Board at the regular meeting on October 19, 2023 and that the RFP for a classification and compensation study would be prepared following arrival of the new Human Resources Manager. President Barbre also requested staff work on scheduling th·e next joint committee meeting with the City of Yorba Linda to discuss the state's proposed conservation framework. 14.COMMITTEE REPORTS 14.1. lnteragency Committee with MWDOC and OCWD Miller / DesRoches -Next meeting will be scheduled when needed. 14.2. Joint Agency Committee with City of Yorba Linda Lindsey/ DesRoches -Next meeting will be scheduled when needed. 14.3. Joint Agency Committee with City of Placentia Lindsey / DesRoches -Next meeting will be scheduled when needed. 14.4. Joint Agency Committee with City of Brea Barbre / Lindsey -Initial meeting yet to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held October 5, 2023 at 3:00 p.m. 5 BOARD OF DIRECTORS ACTIVITY CALENDAR CLOSED SESSION REPORT FROM CLOSED SESSION ADJOURNMENT