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HomeMy WebLinkAbout2022-10-24 - Board of Directors Meeting Minutes1. 2. 3. 9 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Monday, October 24, 2022, 5:30 p.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 5:32 p.m. PLEDGE OF ALLEGIANCE Vice President Jones led the pledge. ROLL CALL DIRECTORS PRESENT J. Wayne Miller, PhD, President Brooke Jones, Vice President Trudi DesRoches Tom Lindsey DIRECTORS ABSENT Phil Hawkins 2022-127 STAFF PRESENT Mark Toy, General Manager Doug Davert, Assistant General Manager John DeCriscio, Operations Manager Gina Knight, Human Resources/Risk Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary Sophia Phuong, Senior Accountant ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS DELETIONS TO THE AGENDA General Manager Toy noted that a report included with Item No. 10.6. had been revised due to a mathematical error. Copies of the revised page were made available to the Board and public. 6. PUBLIC COMMENTS Al Nederhood, resident, commented on the content of a political campaign mailer associated with the upcoming election. Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 2022-128 7. ACTION CALENDAR 7.1. Annual Audit Report for Fiscal Year Ended June 30, 2022 Staff introduced Mr. Ryan Domino, Partner of Lance, Soll & Lunghard, LLP, who reviewed key information contained in the audit report. He noted that the District received an unmodified "clean" opinion with no significant deficiencies in internal controls, no material non-compliance with laws, regulations, grant agreements, and contracts, no audit adjustments required, and no difficulties conducting the audit or disagreements with management regarding accounting policies. Director Lindsey commended staff for their work related to the audit process. President Miller inquired about the audit process for the District's Other Postemployment Benefits (OPEB) liabilities. Mr. Domino explained that only the assumptions used to calculate the OPEB liabilities are audited. Director DesRoches made a motion, seconded by Director Jones, to receive and file the Yorba Linda Water District Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2022, the Report on Internal Control, and the Communications to Those in Governance Letter. Motion carried 4-0- 0-1 on a roll call vote with Director Hawkins absent. 8. ADJOURN TO YORBA LINDA FINANCING AUTHORITY REGULAR MEETING A recess was declared at 5:59 p.m. to conduct the Financing Authority Regular Meeting. The meeting was reconvened at 6:02 p.m. 9. INTRODUCTIONS AND PRESENTATIONS 9.1. Elected Officials Liaison Reports None. 9.2. Federal and State Legislative Update Staff briefly reported that Governor Newsom's COVID-19 State of Emergency would be ending February 28, 2023, which will impact the process for conducting Board meetings via teleconference during emergencies. 10. CONSENT CALENDAR President Miller opened the floor to public comment on any items on the Consent Calendar for which there was none. Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 2022-129 Director DesRoches requested to remove Item No. 10.4 from the Consent Calendar for separate action. Director DesRoches made a motion, seconded by Director Miller, to approve the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 10.1. Minutes of the Board of Directors Meeting Held September 13, 2022 and September 26, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 10.2. Authorize Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors adopt Resolution No. 2022 -XX authorizing virtual Board meetings pursuant to AB 361 for 30 days based on the findings that (1) the Board has considered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. 10.3. Amend Conflict of Interest Code Recommendation: That the Board of Directors adopt Resolution No. 2022 -XX adopting a Conflict of Interest Code which supersedes all prior conflict of interest codes and amendments previously adopted. 10.5. Status of Communications Activities Recommendation: That the Board of Directors receive and file the monthly communications activities report. 10.6. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $4,726,229.62. 10.7. Budget to Actual Statements for Months Ending July 31, 2022 and August 31, 2022 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the months ending July 31, 2022 and August 31, 2022. Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 3 2022-130 10.8. Cash and Investment Report for Month Ending August 31, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the month ending August 31, 2022. 10.9. Update Securities Custody Agreement with US Bank for District Investments Recommendation: That the Board of Directors adopt Resolution No. 2022 -XX authorizing the establishment of securities custody agreements with US Bank for District investments and superseding Resolution No. 2021-09. 10.10. Claim for Damages Filed by John Konstantinos Recommendation: That the Board of Directors reject and deny the claim filed by John Konstantinos. 10.11. Notice of Completion for BNSF Crossing Water Improvements Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for BNSF Crossing Water Improvement Project, J-2021- 02 and J-2021-19. 10.12. Award Construction Contract for the Timber Ridge Booster Pump Station Rehabilitation Project Recommendation: That the Board of Directors award the Construction Contract for the Timber Ridge Booster Pump Station Project to Pacific Hydrotech Corporation for $4,982,170.00, Job No. J-2020-37. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 10.4. Adoption of Encroachment Policy General Counsel Gagen reviewed the purpose of establishing an encroachment policy and responded to questions regarding the proposed process for addressing encroachment issues. Discussion followed regarding the purpose of the declaration of restrictive covenants and how unauthorized encroachments affect District operations. General Counsel Gagen then noted that the template for the declaration of restrictive covenants was continually being updated and requested language be added to the policy indicating that the covenants were being adopted in substantial form which may be amended from time to time. Following additional discussion, the Board determined to defer consideration of this item to the next regular meeting in November to allow additional time for public review and incorporation of suggested revisions. Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 4 2022-131 11. ACTION CALENDAR CONTINUED 11.1. 2022 Wastewater Master Plan Staff provided an overview of major components contained in the 2022 Wastewater Master Plan including the status of existing infrastructure, average wastewater flow rates in comparison to water demand, and estimated number of residences still on septic. Staff also reviewed the scheduled wastewater capital improvement projects. Al Nederhood, resident, voiced his concerns related to the replacement of wastewater pipeline, increased housing density, reduction of flow due to state regulations for indoor water use, and enforcement of the District's Fats Oils and Greases (FOG) Program. Discussion followed regarding elements of the FOG program, the relining of wastewater pipeline, and the District's asset mapping system. Director DesRoches made a motion, seconded by Director Miller, to receive and file the 2022 Wastewater Master Plan. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 12. DISCUSSION ITEMS 12.1. Review Legislative Platform No revisions were requested for preparation of the 2023 legislative platform. The final draft will be brought back to the Board for consideration at the next regular meeting. 13. REPORTS, INFORMATION ITEMS, AND COMMENTS 13.1. Director's Reports Director Lindsey commented on the benefits of fostering positive relationships with neighboring city agencies and multiple events he attended throughout the community including state of the city events and facility dedications. The Board also commended staff for their efforts related to the District's open house. President Miller briefly commented on the California Air Resources Board's advanced clean fleets regulation. Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 5 2022-132 13.2. General Manager's Report General Manager Toy referenced his report in the agenda packet and noted his upcoming speaking engagements. Discussion briefly touched on the status of the helicopter hydrant project at the Diemer Water Treatment Plant. 13.3. General Counsel's Report None. 13.4. Future Agenda Items and Staff Tasks President Miller requested an item be added to a future agenda to discussion the District's investment options. 14. COMMITTEE REPORTS 14.1. Interagency Committee with MWDOC and OCWD (Miller / DesRoches) - Next meeting will be scheduled when needed. 14.2. Joint Agency Committee with City of Yorba Linda (Miller / Lindsey) - Next meeting is scheduled Monday, November 7, 2022 at 4:00 p.m. 14.3. Joint Agency Committee with City of Placentia (Jones / Lindsey) - Next meeting is scheduled Tuesday, October 25, 2022 at 4:00 p.m. 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1 Meetings from October 25 - November 30, 2022 16. CLOSED SESSION The Board entered Closed Session at 7:17 p.m. 16.1. Conference with Legal Counsel -Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 16.2. Conference with Legal Counsel - Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two Minutes of the YLWD Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 2022-133 16.3. 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: Irvine Ranch Water District v. Orange County Water District, et al. (Los Angeles County Superior Court - Case No. BS168278) 16.4. 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-CU-OR-CJC) 16.5. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board returned to Open Session at 9:35 p.m. 17. REPORT FROM CLOSED SESSION No reportable action was taken during closed session. 18. ADJOURNMENT 18.1. Director Lindsey made a motion, seconded by Director Jones, to adjourn the meeting at 9:35 p.m. Motion passed 4-0-0-1 on a roll call vote with Director Hawkins absent. Annie Alexander Board Secretary Minutes of the YLW D Board of Directors Regular Meeting Held October 24, 2022 at 5:30 p.m. 7