HomeMy WebLinkAbout2023-10-19 - Board of Directors Meeting MinutesMINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, October 19, 2023, 3:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
2023-105
1.TELECONFERENCE SITE
2.
University of California -Riverside
1084 Columbia Ave
Riverside CA 92507
PARTICIPATION INSTRUCTIONS
Were included on the agenda.
3.CALL TO ORDER
The meeting was called to order at 3:09 p.m.
4.PLEDGE OF ALLEGIANCE
Director Lindsey led the pledge.
5.ROLL CALL
6.
7.
8.
DIRECTORS PRESENT
Brett R. Barbre, President
Trudi DesRoches, Vice President
Tom Lindsey
J.Wayne Miller, Ph.D.
DIRECTORS ABSENT
Phil Hawkins
ALSO PRESENT
STAFF PRESENT
Mark Toy, General Manager
John DeCriscio, Operations Manager
Delia Lugo, Finance Manager
Rosanne Weston, Engineering Manager
Annie Alexander, Board Secretary
Joanna Gonzalez, Public Affairs Officer
Jacqueline Segura, Human Resources Analyst
Andrew Gagen, General Counsel, Kidman Gagen Law LLP
President Barbre noted that Director Miller was participating in the meeting via
teleconference and that all votes would be taken by roll call.
ADDITIONS/DELETIONS TO THE AGENDA (None)
AB 2449 TELECONFERENCE REQUESTS (None)
PUBLIC COMMENTS
Director Miller stated that he had received correspondence from five individuals in
the past few days. The other Directors present confirmed they had also received the
same correspondence.
Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m.
2023-106
Yorba Linda Mayor Gene Hernandez expressed appreciation for. the Board's
attendance at the State of the City event and for Vice President DesRoches'
presentation at the most recent Council meeting. He then reported on the City's
Annual Pavement Preservation Project and community involvement in the Housing
Element Update process.
9.ACTION CALENDAR
9.1. Request for Proposals for Water and Sewer Rate Study
Brooke Jones, resident, commented on the District's reserves and
encouraged efficiency when planning and funding capital projects.
Al Nederhood, resident, commented on information contained in the staff
report for this item and historical financial reports. He also spoke against the
performance of a rate study at this time.
Staff reviewed the purpose for the study and factors impacting the District's
operating and capital costs which have proven to be greater than projected
when the study was performed in 2021.
Al Nederhood, MWDOC Director, commented on the agency's decreased
funding percentage for unfunded accrued liabilities due to volatility in the
financial markets.
Discussion followed regarding increased operating expenses, status of
funding reserves and unfunded accrued liabilities, and communicating the
purpose of District reserves and capital improvement plan. Topics also
touched on the cost for performing the 2021 rate study, the proposed timeline
for conducting a new rate study and public hearing, and expenses paid for
through rates including the District's operating expenses, annual debt service
obligations, and funding reserves for future capital improvement projects.
Discussion continued on the need for conducting a rate study now versus
waiting until the current study is scheduled to expire, narrowing the study's
scope to the commodity rate, utilizing bond funding and reserves for capital·
improvement projects, enhancing customer communications, and the
impact of waiting one year to conduct the study.
Director Miller made a motion, seconded by Director Lindsey, to defer
consideration of this matter for one year. Motion carried 4-0-0-1 with Director
Hawkins absent.
Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m. 2
9.2. Amending Purchasing Policy to Address Multiple Year Contracts
2023-107
Staff reviewed the proposed language to be added to the policy. President
Barbre suggested including a pro vision for staff to provide quarterly reports to
the Board listing contracts executed under the General Manager's signature
authority (up to $75,000). Director Lindsey suggested that the quarterly report
be reviewed by the Financial Review Group and then provided to the Board.
Director Miller suggested the report also be limited to contracts over a
minimum dollar amount.
Director Barbre mode a motion, seconded by Director DesRoches, to adopt
Resolution 2023-XX adding Section 5.4.2.2. to the Purchasing Policy (3010-007-
POL) and direct staff to provide quarterly reports to the Board listing contracts
executed under the General Manager's signature authority, up to $75,000
maximum, with a minimum dollar amount to be determined by the Financial
Review Group. Motion carried 4-0-0-1 with Director Howkins absent.
9.3. Amending Schedule for Regular Board Meetings
Each of the Directors shared their individual scheduling preferences.
Following discussion, it was the consensus of the Board to change the
schedule for regular Board meetings to the second and fourth Thursday's of
each month at 8:30 a.m.
Director Barbre made a motion, seconded by Director DesRoches, to adopt
Resolution No. 2023-XX amending the schedule for regular Boord meetings to
the second and fourth Thursday's of each month at 8:30 o.m. subject to
Director Hawkins' availability. Motion carried 4-0-0-1 with Director Howkins
absent.
9.4. Ratifying Amended Budgeted Positions for the Remainder of Fiscal Year 2024
General Manager Toy reviewed the amended salary adjustments for two
positions.
Director Miller mode a motion, seconded by Director DesRoches, to adopt
Resolution No. 2023-XX ratifying amendments to the budgeted positions for
the remainder of Fiscal Year 2024. Motion carried 4-0-0-1 with Director Hawkins
absent.
9.5. General Manager Renewal of Credentials
Discussion briefly touched on the District's past practice in regard to payment
for employee's industry related licenses and certifications.
Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m. 3
2023-108
Director Miller made a motion, seconded by Director Lindsey, to approve the payment of fees for the General Manager to renew his credentials as aProfessional Engineer (P.E.) and Board Certified Water Resources Engineer (BC. WRE). Motion carried 4-0-0-1 with Director Hawkins absent.
10.CLOSED SESSION
The Board entered Closed Session at 4:37 p.m.
10.1. Conference with Legal Counsel -Existing Litigation
Pursuant to Paragraph ( 1) of Subdivision ( d) of Section 54956.9 of the California
Government Code
Name of Case: Orange County Water District, et al. v. 3M Company, et al.
(Orange Superior Court -Case No. 30-2020-01172419-Cu-PL-CXC)
10.2. Public Employee Performance Evaluation
Pursuant to Section 54957 of the California Government Code
Title: General Manager
10.3. Conference with Labor Negotiators
Pursuant to Section 54957.6 of the California Government Code
Agency Designated Representative: Andrew Gagen, General Counsel
Unrepresented Employee: General Manager
11.1. REPORT FROM CLOSED SESSION
The Board returned from Closed Session at 5:55 p.m. General Counsel Gagen
reported that the Board of Directors had voted 4-0-0-1 with Director Hawkins absent
not to opt out of the 3M and DuPont litigation settlements as related to Item No. 10.1.
12.ADJOURNMENT
12.1. The meeting was adjourned at 5:55 p.m.
4-FWLM.-t �.tUR41: Annie Alexander
Board Secretary
Minutes of the YLWD Board of Directors Regular Meeting Held October 19, 2023 at 3:00 p.m. 4