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HomeMy WebLinkAbout2024-09-12 - Board of Directors Meeting Minutes 2024-092 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, September 12, 2024, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Were included on the agenda. 2. CALL TO ORDER The meeting was called to order at 8:30 a.m. 3. PLEDGE OF ALLEGIANCE Director Barbre led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Trudi DesRoches, President Mark Toy, General Manager Tom Lindsey, Vice President John DeCriscio, Operations Manager Brett R. Barbre Lori Thompson, Human Resources and Risk Manager Rosanne Weston, Engineering Manager DIRECTORS ABSENT Annie Alexander, Board Secretary Gene Hernandez Joanna Gonzalez, Public Affairs Officer Phil Hawkins Yvette Hanna, Senior Engineer Alicia Navarro, Assistant Board Secretary Sophia Phoung, Accounting Supervisor ALSO, PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA (None) 6. AB 2449 TELECONFERENCE REQUESTS (None)_ 7. PUBLIC COMMENTS (None) 8. ELECTED OFFICIAL LIAISON REPORTS 9. DISCUSSION ITEMS 9.1. Request from David Deese to Discuss Customer Service; Responses from YLWD, and Issues with Leaking Residential Water Meter David Deese, resident, commented on issues he had experienced with a leaking water meter and pinging at his residence and his efforts to communicate with District staff in person and through email. He also Minutes of the YLWD Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 1 2024-093 commented on a previous issue he experienced at his former business located in Placentia related to an oil-cooled well. Discussion touched on monitoring responsibilities of email correspondence received at info@ylwd.com, escalation procedures for customer issues, information available at the front counter and on the District's website for customers who may be experiencing a water leak, and the City of Yorba Linda's permitting process. 10. ACTION CALENDAR 10.1. Highland Reservoir Access Road Improvements Staff provided an overview of historical activities related to this project. President DesRoches opened the floor to public comment on this matter. Manuel Roman, M.D., resident, spoke against the proposed improvements to the access road and commented on his concerns regarding the District's exposure to liability. Nick Diaz, resident, commented on planned improvements to his residential property and requested to be involved with the preparation of the proposed Terms and Conditions before they are presented to the Board for consideration. Dee Dee Friedrich, President of Yorba Linda Country Riders, commented on the equestrian club's desire for continued access to the horse trail. Jamie Lai, Public Works Director/City Engineer for City of Yorba Linda, commented on the City's support for continued pedestrian and equestrian access to the horse trail and the City's interest in formalizing an easement with the District for same. Director Barbre summarized findings from a previous site visit conducted by the Board and recommendations provided by the ad hoc review group. These included the importance of maintaining the rural atmosphere, working with the City of Yorba Linda in regard to the proposed equestrian easement, maintaining District access to the road, relocating the District's existing gate and determining which .parties should have access to open it, and indemnifying the District against liability. Director Barbre made a motion to direct staff to proceed with preparing Terms and Conditions for Board consideration and a development agreement with the project developer, Nick Diaz, regarding proposed improvements to an access road adjacent to the District's Highland Reservoir on District property. Minutes of the YLWD Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 2 2024-094 Discussion followed. regarding PSOMAS' scope of work and associated expense to the District, identification of any potential issues with right of way, resident property improvements to be addressed with the City of Yorba Linda, and community outreach efforts and input received from nearby property owners. Also discussed were the design standards for the road, expenses for which the developer will be responsible,securing District infrastructure, current ownership and use of the road, future access to open the gate, and indemnifying the District against liability. Director Lindsey seconded the motion. Brief discussion regarding the gate followed. Director Barbre clarified that relocating the gate to the main entrance was part of his motion. Staff will provide information on the proposed gate type and which parties will have access to open it when the proposed Terms and Conditions are presented to the Board for consideration. Motion carried 3-0-0-2 with Directors Hawkins and Hernandez absent. 11. PRESENTATIONS 11.1. Congressional Update by Townsend Public Affairs Ben Goldeen, Federal Advocacy Director for Townsend Public Affairs, briefed the Board on the status of securing funding on behalf of the District through the federal appropriations process and the Water Resources Development Act (WRDA). He also reviewed the status of S. 1430 - Water Systems PFAS Liability Protection Act. 11.2. Classification and Compensation Study Overview by Gallagher Benefit Services Maggie Williams-Dalgart, Project Manager for Gallagher, provided an overview of the project team and the purpose of performing classification and compensation studies. She noted that employees were currently in the process of completing Position Description Questionnaires and outlined the remaining milestones of the classification study and elements of the compensation study. Ms. Williams-Dalgart then reviewed the timeline for completion of the studies and associated deliverables and responded to questions from the Board regarding ensuring neutrality, the recommended frequency for conducting classification studies, and the selection of comparator agencies. Minutes of the YLWD Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 3 2024-095 12. CONSENT CALENDAR Vice President Lindsey requested to remove Item No. 12.8. from the Consent Calendar for separate action. Vice President Lindsey made a motion, seconded by Director Barbre, to approve the remainder of the Consent Calendar. Motion carried 3-0-0-2 with Directors Hawkins and Hernandez absent. 12.1. Minutes of the Board of Directors Meetings Held July 11-31, 2024 Recommendation: That the Board of Directors approve the minutes as presented. 12.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements In the amount of$3,174,734.18. 12.3. Cash and Investment Reports for the Month Ended July 31, 2024 Recommendation: That the Board of Directors receive and file the Cash and Investment Reports for the Month Ended July 31, 2024. 12.4. Amendments to Conflict of Interest Code Recommendation: That the Board of Directors adopt Resolution No. 2024-XX adopting a Conflict of Interest Code which supersedes all prior conflict of interest codes and amendments previously adopted. 12.5. Notice of Exemption for FY24-25 Waterline Replacement Placentia Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FY 24-25 Waterline Replacement Placentia Project, Job No. J-2024-20. 12.6. Notice of Exemption for FY24-25 Fire Flow Enhancement at PYLUSD Schools Project Recommendation: That the Board of Directors consent to filing the Notice of Exemption (NOE) with the Orange County Clerk Recorder's office for the FY24- 25 Fire Flow Enhancements at PYLUSD Schools Project, Job No. J-2024-29. Minutes of the YLWD Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 4 2024-096 12.7. Terms and Conditions for Water Service with MPSM Management Revocable Family Trust, 2095 East Orangethorpe Avenue Recommendation: That the Board of Directors approve the Terms and Conditions for Water Service with MPSM Management Revocable Family Trust, 2095 East Orangethorpe Avenue, J-2024-57. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 12.8. Declaration of Restrictive Covenants at 4845 Main Street with the Yorba Linda Masonic Temple Association Staff responded to questions from Vice President Lindsey regarding this matter. Director Lindsey made a motion, seconded by Director Barbre, to authorize the Board President and General Manager to execute a Declaration of Restrictive Covenants with the Yorba Linda Masonic Temple Association at 4845 Main Street. Motion carried 3-0-0-2 with Directors Hawkins and Hernandez absent. 13. ACTION CALENDAR CONTINUED 13.1. Agency Designated Representative's Summary Recommendation Regarding Labor Negotiations with Unrepresented Employee (General Manager) and Proposed Second Amendment to Employment Agreement for Position of General Manager General Counsel Gagen noted that the summary recommendation was included in the agenda packet along with a draft second amendment to the employment agreement. He also noted a correction to the language in the agenda report and the recitals of the draft agreement amendment related to extending the expiration date of the severance payment. General Counsel Gagen, at the request for clarification from Vice President Lindsey, indicated that a unanimous vote would be needed to approve this matter as only three out of five Directors were present. Vice President Lindsey made a motion to defer consideration of this matter to the special Board meeting scheduled Thursday, September 19, 2024 so that all Directors could participate. Discussion followed regarding the upcoming Board meeting schedule and the requirement for considering executive compensation at a regular meeting. Minutes of the YLWD Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 5 2024-097 Discussion continued regarding the Director's availability and moving the regular meeting on Thursday, September 26, 2024 at 8:30 a.m. to Thursday, September 19, 2024 at 7:15 a.m., and considering this matter and conducting the interviews for labor and employment legal counsel services on that date. Discussion of the financial reserves policy originally scheduled for Thursday, September 26, 2024 would be conducted at a future Board meeting. Vice President Lindsey restated his motion to defer consideration of this matter to a regular Board meeting on Thursday, September 19, 2024 at 7:15 a.m. in place of the regular meeting scheduled Thursday, September 26, 2024 at 8:30 a.m. Director Barbre seconded the motion which passed 3-0-0-2 with Directors Hawkins and Hernandez absent. 13.2. Position on California Proposition 4 Director Barbre asked about unspent monies from previous water bond measures and indicated that he would prefer the District take a watch or oppose position on this measure. President DesRoches asked about the positions of other relevant water agencies. Director Barbre made a motion, seconded by Director DesRoches, for the District to oppose California Proposition 4. Motion carried 3-0-0-2 on a roll call vote with Directors Hawkins and Hernandez absent. 13.3. Urban Water Institute Board Chair's Circle Membership Director Lindsey made a motion, seconded by Director Barbre, to defer consideration of this matter to the Board meeting on October 10, 2024 so that Director Hernandez could have an opportunity to speak on the matter. Motion carried 3-0-0-2 with Directors Hawkins and Hernandez absent. 14. DISCUSSION ITEMS CONTINUED 14.1. Developing a Value Proposition for the YLWD This matter was also deferred to the Board meeting on October 10, 2024. 14.2. Board of Directors' Travel and Expense Reimbursement Policy Staff responded to questions from Director Barbre regarding how often the list of organizations in Section 9.1.(B) of the Board of Directors Policies and Procedures Manual was reviewed and who was responsible for bringing Director requests for attendance at events sponsored by organizations not included in the list for Board approval. Director Barbre also asked if it was necessary to divide the Director's budget for travel expenses equally between Minutes of the YLWD Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 6 2024-098 the Directors or if it could be aggregated. Staff confirmed that the format of the quarterly reports could be revised to reflect the aggregated budget amount and list expenses by individual Directors. The Board requested to review the list of organizations in Section 9.1 .(B) of the Board of Directors Policies and Procedures Manual at a future meeting. Director Barbre made a motion, seconded by Director Lindsey, to aggregate the Director's budget for travel expenses into one lump sum. Motion carried 3-0-0-2 with.Directors Hawkins and Hernandez absent. 15. REPORTS INFORMATION ITEMS AND COMMENTS 15.1. Directors' Reports Director Barbre requested staff open the gate at the Wells Fargo Heli-hydrant to facilitate a tour for an elected official and some residents from the City of Brea. Staff confirmed availability to assist. 15.2. General Manager's Report President DesRoches commended staff for submitting the District's Hazard Mitigation Plan to WEROC and asked about setting a date for the rededication ceremony for the Hidden Hills Booster Pump Station.Staff will poll the Directors' availability for scheduling. Staff also confirmed that research had been conducted for the rededication plaque. President DesRoches also commended Finance staff on the District being awarded "Triple Crown"status from GFOA. Staff responded to questions from the Board regarding promotional efforts for the open house, the construction schedule for the heli- hydrant at MET, supervisory training to be hosted at the District, and the upcoming wildfire insurance community meeting. 15.3. General Counsel's Report (None) 15.4. Future Agenda Items and Staff Tasks Vice President Lindsey requested staff arrange for a presentation from MWDOC regarding their programs. 16. COMMITTEE REPORTS 16.1. Interagency Committee with MWDOC and OCWD DesRoches / Lindsey 16.2. Joint Agency Committee with City of Yorba Linda Lindsey / DesRoches Minutes of the YLWD Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 7 2024-099 16.3. Joint Agency Committee with City of Placentia Lindsey / Hernandez 16.4. Joint Agency Committee with City of Brea Barbre / Hernandez 16.5. Joint Agency Committee with Placentia-Yorba Linda Unified School District Henandez/ Barbre 17. BOARD OF DIRECTORS ACTIVITY CALENDAR 17.1. Meetings from September 13-October 31, 2024 Director Barbre indicated he was unavailable to attend the Yorba Linda City Council meeting on October 1, 2024 and would check with the other Directors regarding their availability. The reserve policy workshop was scheduled for the Board meeting on October 24, 2024. 18. ADJOURNMENT 18.1. The meeting was adjourned at 1 1:35 a.m. Annie Alexander Board Secretary Minutes of the YLW D Board of Directors Regular Meeting Held September 12,2024,at 8:30 a.m. 8