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