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HomeMy WebLinkAbout2024-05-16 - Board of Directors Meeting Minutes1. 2. 3. 4. 5. rim 7. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, May 16, 2024, 9:30 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 9:30 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 Gene Hernandez Phil Hawkins 2024-052 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 Manager Rosanne Weston, Engineering Manager Annie Alexander, Board Secretary Tony Arambarri, Records Management Administrator ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP ADDITIONS/DELETIONS TO THE AGENDA (None) AB 2449 TELECONFERENCE REQUESTS (None) INTRODUCTIONS AND PRESENTATIONS 7.1 Status of Investments Held in Public Agency Retirement System (PARS) Section 115 Trust Angela Tang, Senior Coordinator for PARS, provided an overview of the members and role of the PARS trust team. She also summarized the District's investment strategy and contributions toward pre -funding employee pensions and other post -employment benefits (OPEB), most recent OPEB actuarial results, and funding status as of June 30, 2022. Minutes of the YLWD Board of Directors Regular Meeting Held May 16, 2024 at 9:30 a.m. 2024-053 Keith Stribling, Senior Portfolio Manager for PFM Asset Management, reviewed the District's investment portfolio performance, the impact of various economic factors, and the performance of selected investment vehicles. 7.2. Legislative Update from Townsend Public Affairs Eric O'Donnell, Director for Townsend Public Affairs, reviewed the May revision to the Governor's Budget, the key points and status of AB 1827, AB 2257, SB 903, SB 1210, SB 1218, and anticipated ballot measures. He also reviewed the status of a Community Project Funding request for construction of a new water well. 8. PUBLIC COMMENTS (None) 9. CONSENT CALENDAR Director Barbre requested to remove Item Nos. 9.1., 9.2., and 9.5. from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director Hernandez, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0. 9.3. Unaudited Financial Statements for Third Quarter of Fiscal Year 2023-24 Recommendation: That the Board of Directors receive and file the Unaudited Financial Statements for the Third Quarter ended March 31, 2024 of Fiscal Year 2023-24. 9.4. Cash and Investment Report for the Period Ended March 31, 2024 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ended March 31, 2024. 9.6. Terms and Conditions for Water and Sewer Service with MBF Foods LLC, d.b.a. Broken Yolk Cafe, 4901 Main Street Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with MBF Food LLC, d.b.a. Broken Yolk Cafe for4901 Main Street, J-2024-24. Minutes of the YLW D Board of Directors Regular Meeting Held May 16, 2024 at 9:30 a.m. 2024-054 ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE ACTION 9.1. Minutes of the Board of Directors Meetings Held March 14 - 28, 2024 Director Barbre requested that the motion for Item No. 9.5. in the minutes for the March 14, 2024 meeting be revised by removing the statement indicating the circumstances constituted an emergency and clarifying that the Board had waived the provisions in Section 10.0 of the District's Purchasing Policy. Director Hawkins made a motion, seconded by Director Hernandez, to approve the minutes for the March 74, 2024 Board meeting as revised. Motion carried 5-0-0-0. Director Barbre requested that the narrative for Item No. 7.1. in the minutes for the March 26, 2024 meeting be revised to reflect that he had questioned the clarification provided by Andrew Gagen regarding Kidman Gagen Law's proposal indicating the utilization of Atkinson, Andelson, Loya, Ruud & Romo (AALRR) for labor and employment legal services. Director Hernandez suggested the sentence "One Director questioned the clarity of that statement." be added to that section of the minutes. Director Barbre made a motion, seconded by Director Hernandez, to approve the minutes for the March 26, 2024 Board meeting as revised. Motion carried 5-0-0-0. 9.2. Payments of Bills, Refunds, and Wire Transfers Staff responded to questions from Director Barbre regarding a few items on the check register. Director Barbre then volunteered to serve as the District's representative for the National Endangered Species Act Reform Coalition. He also requested the names of attendees be included in the descriptions for meals. Director Barbre made a motion, seconded by Director Hawkins to ratify and authorize disbursements in the amount of $3,895,222.08. Motion carried 4-0-1-0 with Director Hernandez abstaining. 9.5. Directors and General Manager Fees and Expenses Report for Third Quarter of Fiscal Year 2023-24 Director Barbre commented on the report. Director Barbre made a motion, seconded by Director Hawkins to receive and file the Directors and General Manager Fees and Expenses Report for the Third Quarter of Fiscal Year 2023-24. Motion carried 5-0-0-0. Minutes of the YLWD Board of Directors Regular Meeting Held May 16, 2024 at 9:30 a.m. 2024-055 10. ACTION CALENDAR 10.1. Award Professional Services Agreement with Kidman Gagen Law, LLP, for General Counsel Services and Board Guidance Regarding Labor and Employment Legal Services Andrew Gagen, Partner for Kidman Gagen Law LLP, reviewed the options for forms of compensation and proposed the Board consider replacing the monthly retainerwith a blended hourly rate for attendance at Board meetings and tending to general matters. Discussion followed regarding the two options for compensation and other terms included in the agreement. Director Barbre made a motion, seconded by Director Hawkins, to approve the Professional Services Agreement with Kidman Gagen Law, LLP, for General Counsel Services and to continue with the retainer form of compensation. Motion carried 5-0-0-0 on a roll call vote. Discussion continued regarding options for the provision of labor and employment legal services, including engaging with AALRR, issuing a request for proposals, and continuing with the existing provider. Director Hernandez made a motion, seconded by Director Barbre, to issue a Request for Proposals for the provision of labor and employment legal services. Motion carried 5-0-0-0 on a roll call vote. 10.2. Award or Reject Professional Services Agreement for a Comprehensive Classification and Compensation Study Staff briefed the Board regarding efforts made to identify the availability of additional qualified vendors should the timeline for completion of the study be extended and input received from the YLWD Employees Association regarding potentially extending the timeline. Discussion followed regarding the expiration of the current bargaining agreement, the methodology utilized in the previous study, and anticipated Board and staff involvement in the upcoming study. Director Hawkins made a motion, seconded by Director Hernandez, to authorize the General Manager to execute a Professional Services Agreement with Gallagher Benefit Services, Inc. for the completion of a comprehensive Classification and Compensation Study for an amount not to exceed $1 1 1,400. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held May 16, 2024 at 9:30 a.m. 2024-056 10.3. Sponsorship Request for Water Infrastructure Networking Summit Staff reported that the District had received a $5,000 table sponsorship request for this upcoming event. Discussion touched on Board availability to attend the event and extending invitations to other elected officials. Director Hernandez made a motion, seconded by Director Hawkins, to approve the request for sponsorship. Motion carried 5-0-0-0. 11. REPORTS, INFORMATION ITEMS, AND COMMENTS 11.1. Director's Reports The Directors reported on their attendance at recent meetings and events. 11.2. General Manager's Report General Manager Toy referenced his report in the agenda packet. President DesRoches commended staff for their efforts in facilitating her hosted infrastructure tour. She encouraged the Directors to work with staff to schedule their individual hosted tours. Director Barbre asked if a tour and demonstration of the Wells Fargo Heli- hydrant would be included as part of the AWWA tour of the District's PFAS Water Treatment Plan scheduled June 13, 2024. General Manager Toy indicated efforts would be made to offer the option following AWWA's scheduled tour and that staff would contact CalFire regarding the possibility of a demonstration. Director Barbre indicated that he would like to participate in the tour of the heli-hydrant. Director Barbre expressed his appreciation for the dedication ceremony for Dr. J. Wayne Miller, PhD, and requested corrections to an article recently published in the Municipal Water Leader. 11.3. General Counsel's Report (None) 11.4. Future Agenda Items and Staff Tasks President DesRoches requested staff prepare a departmental listing of employee participation in professional development opportunities. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD DesRoches/Lindsey Minutes of the YLWD Board of Directors Regular Meeting Held May 16, 2024 at 9:30 a.m. 2024-057 12.2. Joint Agency'Committee with City of Yorba Linda Lindsey/DesRoches - Next meeting scheduled Monday, May 20, 2024 at 11:00 a.m. at Yorba Linda City Hall. 12.3. Joint Agency Committee with City of Placentia Lindsey/Hernandez 12.4. Joint Agency Committee with City of Brea Barbre/Hernandez 12.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Hernandez/Barbre 13. BOARD OF DIRECTORS ACTIVITY CALENDAR 13.1. Meetings from May 17 -June 30, 2024 President DesRoches noted some conflicts on the activity calendar. Following review, Vice President Lindsey was scheduled to attend the Yorba Linda City Council meeting on May 21, 2024 and Director Hawkins was scheduled to attend the Yorba Linda City Council meeting on June 4, 2024. 14. CLOSED SESSION The Board entered Closed Session at 1 1:32 a.m. 14.1. 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: YLWD v. Alex Winsberg (Orange County Superior Court - Case No. 30-2022-01284814-C U-O R-C J C) 14.2 Public Employee Performance Evaluation Pursuant to Section 54957 of the CA Government Code Title: General Manager REPORT FROM CLOSED SESSION The Board returned from Closed Session at 12:30 p.m. No reportable action was taken. 15. ADJOURNMENT 15.1. The meeting was adjourned at 12:30 p.m. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held May 16, 2024 at 9:30 a.m. 6