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HomeMy WebLinkAbout2022-04-12 - Board of Directors Meeting Minutes (B) 2022-045 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, April 12, 2022, 6:30 p.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 7:21 p.m. 3. PLEDGE OF ALLEGIANCE Vice President Jones led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, PhD, President Doug Davert, Interim General Manager Brooke Jones, Vice President John DeCriscio, Operations Manager Trudi DesRoches Delia Lugo, Finance Manager Phil Hawkins Alison Martin, Public Affairs Manager Tom Lindsey Reza Afshar, Senior Engineer Annie Alexander, Board Secretary Veronica Ortega, Executive Assistant ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA None. 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Refund from ACWA JPIA Rate Stabilization Fund Andy Sells, CEO of ACWA JPIA, provided an overview of the agency's rate stabilization fund and presented the District with a refund of $130,926.13. Minutes of the YLWD Board of Directors Regular Meeting Held April 12,2022 at 6:30 p.m. 1 2022-046 Cathy Green, Executive Committee Member of ACWA JPIA, commended the District on its risk management efforts. Adrienne Beatty, newly hired Assistant Executive Officer of ACWA JPIA, introduced herself and provided an overview of her work experience. Interim General Manager Davert commended the efforts of District staff. Vice President Jones thanked ACWA JPIA for their support following the Freeway Complex Fire. Operations Manager DeCriscio also noted that the District had recently been awarded a $10,000 Risk Control Grant from ACWA JPIA to assist with the future purchase of a lowboy trailer. 6.2. Elected Official Liaison Reports None. 6.3. Federal and State Legislative Update Staff referenced the written report included in the agenda packet and reviewed an invitation from OC San to participate in the upcoming Wastewater 101 Citizens Academy. A few of the Directors expressed an interest in participating. Staff also briefed the Board on two additional Community Project Funding requests and the status of proposed legislation to suspend the gas excise tax for 6 months. 7. PUBLIC COMMENTS Dave Ramocinski, resident, thanked the District for constructing the two heli- hydrants and requested that Item No. 8.10. be pulled from the Consent Calendar. He then asked the Board to postpone consideration of this item as the project location and design had changed multiple times and was not yet approved by the Yorba Linda Planning Commission. 8. CONSENT CALENDAR Vice President Jones requested to remove Item Nos. 8.10. and 8.11. from the Consent Calendar for separate action. Director Jones made a motion, seconded by Director Hawkins to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held April 12, 2022 at 6:30 p.m. 2 2022-047 8.1. Minutes of the Board of Directors Workshop Meeting Held February 22, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Minutes of the Board of Directors Special and Regular Meetings Held March 8, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.3. Re-Authorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors adopt Resolution No. 2022- XX finding and determining that: (1) a state of emergency related to COVID- 19 continues to be in effect; (2) state and local officials continue to recommend measures to promote social distancing in connection with COVID-19; (3) due to the COVID-19 emergency, meeting in person could present imminent risks to the health and safety of attendees; and (4) continued remote meetings are hereby re-authorized for the period of April 12, 2022, through May 12, 2022, pursuant to California Government Code Section 54953(e). 8.4. Communications Activity Monthly Report Recommendation: That the Board of Directors receive and file the Communications Activities Report for the month ending March 31, 2022. 8.5. Positions on State Legislation Recommendation: That the Board of Directors take the following positions on these bill numbers: AB 2041 — Support; AB 2142— Support, AB 2536 — Oppose Unless Amended, AB 2647— Support; SB 991 — Support; and SB 1157— Oppose Unless Amended. 8.6. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$3,062,097.20. 8.7. Budget to Actual Reports for the Month Ending February 28, 2022 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending February 28, 2022. Minutes of the YLWD Board of Directors Regular Meeting Held April 12,2022 at 6:30 p.m. 3 2022-048 8.8. Cash and Investment Report for the Period Ending February 28, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending February 28, 2022. 8.9. Claim for Damages Filed by Ivan Ruzics Recommendation: That the Board of Directors reject the claim filed by Mr. Ivan Ruzics and refer it to ACWA JPIA for further handling. 8.12. Ratification of Exceptions from Competitive Solicitation Process for Emergency Expenditures to Repair Bryant Cross Feeder at Esperanza Road Recommendation: That the Board of Directors ratify the Interim General Manager's and Engineering Manager's emergency expenditure to repair the Bryant Cross Feeder Waterline at Esperanza Road. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 8.10. Terms and Conditions with L.D. Hardas, 5005 Hidden Glen Lane, J-2022-02 Staff explained there was no urgency to approve the terms and conditions and that Board consideration of this matter could be deferred to a future meeting if desired. Discussion followed regarding the approval process involving additional governmental agencies. Director Jones made a motion, seconded by Director DesRoches, to defer consideration of this matter until plans for the project were finalized, and preferably approved by the Yorba Linda Planning Commission. Motion carried 5-0-0-0 on a roll call vote. 8.11. Change Order for FY21-22 Manhole and Valve Box Adjustment Project Construction Contract In response to a question from Vice President Jones, staff confirmed that the manhole and valve box components would be specified by and obtained directly from the District. Director Jones made a motion, seconded by Director Hawkins, to issue a change order in the amount of $115,000 for the Fiscal Year 2021-22 Manhole and Valve Box Adjustment Project Construction Contract. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held April 12,2022 at 6:30 p.m. 4 2022-049 9. ACTION CALENDAR 9.1. Amendments to Board of Directors' Policies and Procedures Manual Staff summarized the proposed amendments. Director Lindsey clarified the proposed revision to the regular Board meeting schedule for the benefit of Director Hawkins who was not present during the discussion. Director DesRoches made a motion, seconded by Director Lindsey, to adopt Resolution No. 2022-XX approving the proposed amendments to the Board of Directors Policies and Procedures Manual and repealing Resolution Nos. 18-06, 18-15, 2020-04 and 2020-13. Motion carried 5-0-0-0 on a roll call vote. *This resolution was subsequently vacated under Item No. 9.2. 9.2. Amendments to Employee Travel Expense Reimbursement Policy Staff explained that the proposed amendments to this policy mirrored those that were just approved in the travel expense reimbursement section of the Board of Directors' Policies and Procedures Manual. Discussion followed regarding utilizing US GSA per diem rates for hotels, meals, and incidentals rather than specifying a dollar amount. Staff noted that should the Board determine to utilize the US GSA rates for this policy, the travel expense reimbursement section in the Board of Directors Policies and Procedures Manual would need to be amended once more as the expense limits for the Board and employees needed to be identical. General Counsel Gagen advised the Board on their options for handling the resolution adopted under Item No. 9.1. Following further discussion, staff offered to incorporate the requested amendments to the rates for hotels, meals, and incidentals in both policies and bring them back for Board consideration at the next regular meeting. Director Hawkins made a motion, seconded by Director Miller, to vacate adoption of Resolution No. 2022-XX approving the proposed amendments to the Board of Directors Policies and Procedures Manual and repealing Resolution Nos. 18-06, 18-15, 2020-04 and 2020-13. Motion carried 5-0-0-0 on a roll call vote. 9.3. Nominations for OC LAFCO Regular and Alternate Special District Member Seats Director Lindsey made a motion, seconded by Director Hawkins, to nominate Doug Davert as a candidate for election to OC LAFCO's Regular Special District Member Seat. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held April 12,2022 at 6:30 p.m. 5 2022-050 Director Hawkins made a motion, seconded by Director DesRoches, to designate President Miller as the primary voting representative and Vice President Jones as the alternate voting representative in the associated election. Motion carried 5-0-0-0 on a roll call vote. 10. DISCUSSION ITEMS None. 11. REPORTS. INFORMATION ITEMS, AND COMMENTS 11.1 Director's Reports A list of meetings and events attended was included in the agenda packet. Director Hawkins noted that if possible, he would be participating in the Board meeting scheduled Tuesday, April 26, 2022 remotely. Director Lindsey stated that he would need to leave this same meeting at 6:00 p.m. 11.2. Assistant General Manager / Interim General Manager's Report Interim General Manager Davert referenced his written report included in the agenda packet and briefed the Board on an emergency water line repair on Esperanza Road. 11.3. General Counsel's Report None. 11.4. Future Agenda Items and Staff Tasks Vice President Jones inquired about working with Townsend Public Affairs to apply for additional grants. Staff noted that funding for grant writing was being included in the FY22-23 draft budget for consideration by the Board. 12. COMMITTEE REPORTS 12.1. Interagency Committee with MWDOC and OCWD (Miller / DesRoches) - Next meeting will be scheduled when needed. 12.2. 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