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HomeMy WebLinkAbout2024-01-11 - Board of Directors Meeting Minutes1. 2. 3. 4. 5. 6. 7. 7.1. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, January 11, 2024, 8:00 a.m. 1717 E Miraloma Ave, Placentia CA 92870 PARTICIPATION INSTRUCTIONS Were included on the agenda. CALL TO ORDER The meeting was called to order at 8:00 a.m. PLEDGE OF ALLEGIANCE Vice President Lindsey led the pledge. ROLL CALL DIRECTORS PRESENT Trudi DesRoches, President Tom Lindsey, Vice President Brett R. Barbre Phil Hawkins Gene Hernandez 2024-003 STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Lori Thompson, Human Resources and Risk Manage Rosanne Weston, Engineering Manager Reza Afshar, Senior Engineer Annie Alexander, Board Secretary Joanna Gonzalez, Public Affairs Officer ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS%DELETIONS TO THE AGENDA (None) AB 2449 TELECONFERENCE REQUESTS (None) SEATING OF DIRECTORS Ratify Appointment of Eugene "Gene" J. Hernandez to Board of Directors and Administer Oath of Office Director Barbre made a motion to adopt Resolution No. 2024-XX ratifying the appointment of Eugene "Gene" Hernandez to the Board of Directors with the exception of the following language in the first paragraph as former Director J. Wayne Miller, Ph.D: was being honored for his service separately. ", served as a dedicated Board member and community leader for seven years,". Minutes of the YLWD Board of Directors Regular Meeting Held January 11, 2024 at 8:00 a.m. 2024-004 Director Lindsey seconded the motion which carried 4-0-0-0 on a roll call vote. President DesRoches then administered the Oath of Office to Director Hernandez. Director Hernandez thanked the Board and community for their support. 8. SPECIAL RECOGNITION 8.1. Recognition of J. Wayne Miller Ph.D., Outoing Director, for 7 Years of Service to YLWD President DesRoches explained that Dr. Miller was unable to attend due to a schedule conflict and that a proclamation from the Board honoring him for his service had been prepared along with certificates of recognition from the following: Congresswoman Young Kim, 40th District Senator Josh Newman, 29th District Assemblyman Phillip Chen, 59th District Municipal Water District of Orange County Orange County Water District City of Yorba Linda City City of Placentia President DesRoches also noted that Dr. Miller had accepted the Board's offer to rename the PFAS Water Treatment Plant in his honor. 9. PUBLIC COMMENTS Brooke Jones commented on his previous experience serving with Dr. Miller on the Board of Directors. He also commented on Dr. Miller's involvement with the treatment of PFAS in Orange County. Al Nederhood congratulated Director Hernandez on his appointment to the Board and commented on campaign materials associated with the November 2022 election. He also remarked on facilitating public comment for action items on the agenda. 10. CLOSED SESSION The Board entered Closed Session at 8:18 a.m. 10.1. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager Minutes of the YLWD Board of Directors Regular Meeting Held January 111, 2024 at 8:00 a.m. 2024-005 11. REPORT FROM CLOSED SESSION The Board returned.from Closed Session at 8:50 a.m. No reportable action was taken. 12. PUBLIC COMMENTS CONTINUED (None) The following items were taken out of order. 15. ACTION CALENDAR 15.2. Request from City of Yorba Linda for District Participation as Stakeholder in Green Crest Drive Erosian Mitigation Regina Hu, Principal Civil Engineer for City of Yorba Linda, reviewed the City's request for the District to participate as one of three stakeholders in sharing the costs for a technical and civil engineering firm to prepare an initial study to determine the scope of work and estimated costs to address erosion at this site. Topics included previous mitigation efforts, current condition of the road, and potential opportunities for reimbursement. Discussion followed regarding ownership of the road and associated easements, seismic inspection of other District facilities, estimated costs for the project, and coordinating with the property owner. Director Hernandez made a motion, seconded by Director Barbre, to (1) participate as a stakeholder in sharing 113 of the cost of the initial geotechnical effort, and (2) direct staff to develop a plan for communicating with the property owner regarding purchasing their portion of the road or making a financial contribution toward repairs, and to identify all potential stakeholders. Motion carried 5-0-0-0. General Counsel Gagen noted that some preliminary research of applicable regulations would need to be performed prior to approaching the property owner. The meeting was recessed at 9:36 a.m. and reconvened at 9:40 a.m. 13. INTRODUCTIONS AND PRESENTATIONS 13.1. Elected Official Liaison Reports (None) 14. CONSENT CALENDAR Director Barbre requested to remove Item Nos. 14.7 and 14.8 from the Consent Calendar for separate consideration. Director Barbre made a motion, seconded by Director Hernandez, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held January 11, 2024 at 8:00 a.m. 2024-006 14.1 Minutes of the Board of Directors Meetings Held November 21 - December 11, 2023 Recommendation: That the Board of Directors approve the minutes as presented. 14.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,927,674.72. 14.3 Budget to Actual Statements for Period Ended November 30, 2023 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for Period Ended November 30, 2023. 14.4. Cash and Investment Report for the Period Ended November 30, 2023 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended November 30, 2023. 14.5. Amendments to Personnel Manual for Unrepresented Employees Recommendation: That the Board of Directors adopt Resolution No. 2023-XX amending the Personnel Manual for Unrepresented Employees for the remainder of Fiscal Years 2024-2025. 14.6. Award of Construction Contract for Camino De Bryant Waterline Replacement Phase 1 Recommendation: That the Board of Directors award the Construction Contract for the Camino De Bryant Waterline Replacement Phase 1 to T.E. Roberts, Inc. for $1,500,830.10, Job No. J-2023-24. 14.9. Final Payment and Notice of Completion for Mountain View Waterline Replacement Project Recommendation: That the Board of Directors approve $19,546.25 final payment to the contractor and authorize staff to file the Notice of Completion for the Mountain View Waterline Replacement Project, Job No. 2022-48. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE CONSIDERATION 14.7. Award of Construction Contract for Main Street Sewer Replacement Project Director Barbre requested staff include the engineer's estimate in applicable agenda reports. Minutes of the YLWD Board of Directors Regular Meeting Held January 11, 2024 at 8:00 a.m. 4 2024-007 Discussion touched on the engineer's estimate for this project, avoiding the need for potential change orders, and the specific location of the project. Director Hawkins requested to visit the site when trenching begins. Director Barbre made a motion, seconded by Director Hernandez, to award the Construction Contract for the Main Street Sewer Replacement Project to GO Construction, Inc. for $396,418.00, Job No. J-2020-63S, with the caveat that future applicable agenda reports include the engineer's estimate. Motion carried 5-0-0-0. 14.8. Final Payment and Notice of Completion for Well 22 Equipping Project Director Barbre inquired as to any potential liability for denying the change order request and moving forward with the proposed action. General Counsel Gagen indicated that based on the information available at this time, the District did not owe the contractor any money in response to the change order request for the alleged differing site conditions. He also briefly reviewed the procedural requirements for submitting claims and initiating litigation involving the District. Director Borbre made a motion, seconded by Director Hernandez to approve zero dollars final payment to the contractor and authorize staff to file the Notice of Completion for the Well 22 Equipping Project, Job No. 2009-22 #22. Motion carried 5-0-0-0. 15. ACTION CALENDAR CONTINUED 15.1. Agency Designated Representative's Summary Recommendation Regarding Labor Negotiations with Unrepresented Employee (General Manager), and Proposed Amendment to Employment Agreement for Position of General Manager General Counsel Gagen stated that following the Board's annual evaluation of General Manager Toy's performance and subsequent negotiations in regard to compensation, his recommendation as the District's designated representative was for the Board to consider amending the employment agreement with Mr. Toy as follows: (a) retroactive to July 1, 2023, the General Manager's annual base salary to be increased 5% (as a cost of living adjustment) from $265,000 to $278,250; (b) effective July 1, 2024, the General Manager's annual base salary will be further increased 4% (as a cost of living adjustment) from $278,250 to $289,380; and (c) effective January 1, 2024 through December 31, 2024, the amount of the severance payment under Section 8.1. of the employment agreement will be increased from 3 months salary to 6 months salary. He reported that these terms were acceptable to General Manager Toy. Minutes of the YLWD Board of Directors Regular Meeting Held January 1], 2024 at 8:00 a.m. 16. 2024-008 Brief discussion followed regarding salary compaction and total compensation. Director Lindsey made a motion, seconded by Director DesRoches, to (1) approve the draft first Amendment to the Employment Agreement for the Position of General Manager as negotiated by the District's Designated Representative; and (2) adopt Resolution No. 2024-XX approving the Classification and Salary for the General Manager effective July 1, 2023 and rescinding Resolution No. 2022-28. Motion carried 4-0-1-0 with Director Hernandez abstaining. DISCUSSION ITEMS 16.1. Board of Directors' Committee, Agency, and Intergovernmental Meeting Assignments President DesRoches requested the Directors submit their preferred assignments to her prior to Thursday, January 25, 2024. 16.2. Board of Directors' Compensation Director Barbre noted that the Directors' compensation had not been adjusted since 2003 and suggested the Board consider increasing their compensation to match the annual cost of living adjustment (COLA) percentages being provided to District employees not to exceed 5%. Discussion followed regarding the amount of the eligible increase, the effect of making an adjustment at this time rather than deferring it, and the Directors' current rate in comparison to other local water agencies. Director Barbre further noted that the Board would need to conduct a public hearing which could be scheduled for the next meeting. Director Barbre made a motion, seconded by Director Hernandez, to set a public hearing for the next Board meeting to (1) consider increasing the Directors' compensation rate from $150.00 to $157.50 which is commensurate to the 5% COLA provided to District employees in Fiscal Year 2023-24, and (2) conduct a public hearing each calendar year to consider increasing the Directors' compensation rate effective January Ist, beginning January 1, 2025, in an amount equal to COLA percentages provided to District employees not to exceed 5%. Motion carried 5-0-0-0. 16.3. Strategic Plan Update General Manager Toy explained that a workshop session was scheduled on Thursday, February 8, 2024 for the Board to consider revalidating the District's strategic plan which was adopted in May 2018. He noted that President DesRoches had suggested engaging a consultant to facilitate the discussion. Minutes of the YLWD Board of Directors Regular Meeting Held January 11, 2024 at 8:00 a.m. 2024-009 He also suggested that to prepare for the workshop, each Director consider choosing one goal from the strategic plan to review with an assigned executive staff lead and support staff beforehand. He further stated that discussion of the goals and objectives for next year's budget would occur at this same meeting as two Directors were going to be absent from the meeting on January 25, 2024. Each of the Directors then chose a goal to review as follows: Director DesRoches Goal 1: Safe and Reliable Water and Sewer Service Director Lindsey Goal 2: Fiscal Responsibility Director Barbre Goal 3: Operational Effectiveness Director Hernandez Goal 4: Community Partnership Director Hawkins Goal 5: Workforce Engagement General Manager Toy indicated that the assigned executive staff leads would be in touch with the Directors. 17. REPORTS, INFORMATION ITEMS, AND COMMENTS 17.1. Director's Reports Director Barbre reported that MWDOC desired to highlight YLWD for their first member agency spotlight. He requested staff get in touch with their Public Affairs department to coordinate. Vice President Lindsey thanked staff for updating the informational message on customer bills. 17.2. General Manager's Report General Manager Toy and staff responded to questions regarding topics included in the report. Discussion touched on the procedures for notifying the Board and posting on social media when heli-hydrants were in use, in the event of an incident or fire, etc. Director Barbre requested a future agenda item to consider this matter. Director Hernandez suggested staff obtain a copy of the City of Yorba Linda's procedure. 17.3. General Counsel's Report Director Barbre requested an update regarding the status of California Restaurant Association v. City of Berkeley. General Counsel Gagen confirmed this would be provided at the next Board meeting. Minutes of the YLWD Board of Directors Regular Meeting Held January 1 1, 2024 at 8:00 a.m. 2024-010 17.4. Future Agenda Items and Staff Tasks Director Barbre suggested that the Board consider inviting other elected officials and community leaders to the upcoming MWDOC Policy Forum and similar events. Directors will notify staff when they desire to bring a guest. Director Barbre indicated that he would be reimbursing the District $19.18 for an expense incurred and reimbursed to Board Secretary Alexander for calls made in regard to remote agenda posting while he was traveling. 18. COMMITTEE REPORTS President DesRoches inquired as to the status of scheduling future committee meetings. Staff will begin work on this following the finalization of Director assignments at the next Board meeting. 18.1. Interagency Committee with MWDOC and OCWD 18.2. Joint Agency Committee with City of Yorba Linda 18.3. Joint Agency Committee with City of Placentia 18.4. Joint Agency Committee with City of Brea 18.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District 19. BOARD OF DIRECTORS ACTIVITY CALENDAR 19.1 Meetings from January 12 - February 29, 2024 20. ADJOURNMENT 20.1. The meeting was adjourned at 10:36 a.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held January 11, 2024 at 8:00 a.m. 8