HomeMy WebLinkAbout2022-07-12 - Board of Directors Meeting Minutes (B)MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Tuesday, July 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 6:30 p .m.
3. PLEDGE OF ALLEGIANCE
Vice President Jones led the pledge.
4. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
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J. Wayne Miller , PhD, President
Brooke Jones, Vice President
Trudi DesRoches
Doug Davert , Interim General Manager
John DeCriscio , Operations Manager
Phil Hawkins
Tom Lind sey
ALSO PRESENT
Gina Knight, Human Resources and Risk Manager
Delia Lugo, Finance Manager
Rosann e Weston, Engineering Manager
Alison Martin, Public Affairs Manager
Annie Alexander , Board Secretary
Ariel Bacani , Assistant Engineer Ill
Andrew Gagen , General Counsel, Kidman Gagen Law LLP
5. ADDITIONS/DELETIONS TO THE AGENDA
None.
6. INTRODUCTIONS AND PRESENTATIONS
6.1. Elected Official Liaison Reports
None.
Minutes of the YLWD Board of Directors Regular Meeting Held July 12 , 2022 at 6 :30 pm
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6.2. Federal and State Legislative Update
Eric O 'D onnell, Deputy Director of Townsend Public Affairs, briefed the
Board on the state 's budget, the status of SB 1157, and _responded to
questions related to the Governor's Zero-Emission Vehicle Package and
the Orange County Grand Jury's report on the proposed consolidation of
OCWD and MWDOC.
7. PUBLIC COMMENTS
None.
8. ADJOURN TO YORBA LINDA F INAN C IN G AUTHORITY REGULAR MEETING
A recess was declared at 6:43 p.m. in order to conduct the Financing Authority
Regular Meeting .
The meeting was reconvened at 7: 13 p.m.
9. ACTION CALENDAR
9.1. Authorizing th e Issuance of Revenue Bonds, Series 2022A
Director Jones made a motion, seconded by Director DesRoches, to adopt
Resolution No. 2022-XX authorizing the issuance of not to exceed
$35,000,000 Revenue Bonds, Series 2022A and approving the execution
of certain documents in connection therewith and certain other matters .
Cyrus Torabi, Bond Counse l fo r Stradling Yocca Carlson & Rauth, briefly
responded to questions from the Board regarding the need for adopting two
separate resolutions , one under th e Financing Authority authorizing the sa le
of the bonds, and the other under the District authorizing the issuance of
the bonds.
General Cou n sel Gagen noted that Section 1 of the resolution needed to be
deleted as the co nten t was repeated in Section 2 .
Motion carried 5-0-0-0 on a roll call vote .
Interim General Manager Davert thanked staff and the District's financial
advisors for their effo rt s related to this matter.
Minutes of the YLWD Board of Direc tors Regular Meeting Held July 12 . 2022 at 6:30 p .m . 2
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10. CONSENT CALENDAR
Director Hawkins made a motion , seconded by Director DesRoches, to approve
the Consent Calendar.
Director Lindsey requested to remove Item No. 10.9. from the Consent Calendar
for separate action.
President Miller restated the motion indicating that approval would exclude Item
No. 10 .9. Motion carried 5-0-0-0 on a roll call vote .
10.1. Minutes of the Board of Directors Meetings Held May 24, June 14, Jun 17,
and June 20 , 2022
Recommendation: That the Board of Directors approve the minutes as
presented.
10.2. Reauthorizing Continuation of Virtual/Teleconference Board Meetings
Recommendation: That the Board of Directors reauthorize the continuation
of virtual/teleconference meetings pursuant to AB 361 for an additional 30
days based on the findings that (1) the Board has reconsidered 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. Status of Communications Activities
Recommendation: That the Board of Directors receive and file the monthly
communications activities report.
10.4. Amendment to Professional Services Agreement with Townsend Public
Affairs
Recommendation: That the Board of Directors approve an Amendment to
the Professional Services Agreemen t with Townsend Public Affairs dated
February 24 , 2021 to include federal legislative advocacy and grant
assistance.
10.5. Payments of Bills , Refunds , and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of $2,926,883 .32.
Minutes of th e YLWD Board of Directo rs Regular Meet ing Held J uly 12 , 2022 at 6 30 p .m . 3
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10.6. Budget to Actual Statements for Month Ending May 31, 2022
Recommendation: That the Board of Directors receive and file the Budget
to Actual Reports for the Month Ending May 31 , 2022 .
10.7. Cash and Investment Report for the Month Ending May 31, 2022
Recommendation: That the Board of Directors receive and file the Cash and
Investment Report for the Period Ending May 31, 2022.
10.8. Ratifying Amended Budgeted Positions for the Remainder of Fiscal Year
2021-22 and for Fiscal Year 2022-23 and Amending Exhibits in the
Personnel Manual for Unrepresented Employees and Yorba Linda Water
District Employees Association Memorandum of Understanding
Recommendation: That the Board of Directors: (1) adopt Resolution No.
2022-XX ratifying amendments to the budgeted positions for the remainder
of Fiscal Year 2021 -22 and for Fiscal Year 2022-23; (2) adopt Resolution
No. 2022-XX amending Section 4.01 and Exhibits A and F of the
Memorandum of Understanding Between the District and the YL WO
Employees Association for the remainder of Fiscal Years 2022-23; and (3)
adopt Resolution No. 2022-XX amending Section 4 .01 and Exhibits A and
F of the Personnel Manual for Unrepresented Employees for the remainder
of Fiscal Years 2022-23 .
10.10. Terms and Conditions with Monbri LLC
Recommendation: That the Board of Directors approve the Terms and
Conditions for Water Service with Monbri LLC, for PMB 2007-186, Job No.
J-2022-13.
ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION
10.9. Extension of Temporary Moratorium on Leases , Encumbrances , and
Encroachments on District Real Property
Staff responded to questions from Director Lindsey regarding the need for
extending the moratorium.
Director Lindsey made a motion , seconded by Director Jones, to extend the
temporary 18-month moratorium on new leases, encumbrances, and
encroachments on District real property for an additional 18 months . Motion
carried 5-0-0-0 on a roll call vote.
Minutes of the YLWD Board of Directo rs Regular Meeting He ld J uly 12 . 2022 at 6 30 pm 4
11. PUBLIC HEARING
11.1. 2022 Public Health Goals Report
Staff provided a brief overview of the purpose of the report .
President Miller opened the public hearing at 7:24 p.m .
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The Board Secretary confirmed that the public hearing had been properly
noticed.
Staff reported that the Public Health Goals Report was completed and
posted on the District 's website by Ju ly 1, 2022 as required .
President Miller then opened the floor for public comment on this matter for
which there was none . Staff also noted that the District had not received
any written comments from the public.
President Miller closed the public hearing at 7:25 p.m .
There was no further Board d iscuss ion.
Director Hawkins made a motion , seconded by Director DesRoches, to
receive and file the 2022 Public Health Goals Report. Motion carried
5-0-0-0 on a roll call vote.
12. DI SC USS ION IT EM S
12.1 Proposed Access Road for Esperanza Hills Development Project
President Miller opened the floor to public comment on this matter for which
there was none.
Staff explained that this item had been agendized as previously requested
by David Ramocinski , res ident. Staff then provided an overview of some
residents ' concerns related to the development's potent ial impact on
Metropolitan Wate r Distr ict's access road runn ing east and west and a small
access drive connecting with Stonehaven. Staff confirmed that the
proposed entrance for the development would have no impact on the
access road and would cross at grade . As the development is located in an
unincorporated area , any questions from residents related to the project
wou ld need to be direct ed to the County of Orange.
Minutes of the YLWD Board of Directors Regular Mee tin g He ld J uly 12 . 2022 at 6 30 p .m . 5
13.
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Director Lindsey noted that while he was serving as a Yorba Linda City
Counci lm ember, he was required to recuse himself from discussions related
to this development as the location of the proposed entrance at the time
was within a certain distance from his residence . Now that the location of
the proposed entrance has changed , he is no longer required to do so as a
Director for the Water District. Director Hawkins noted that he had
previously been in the same situation .
Staff then noted that the developer would be paying for relocation of one of
the District's waterlines in addition t o th e design and construction of the
water and sewer infrastructure needed to serve the development , which
would become District assets. B r ief discussion followed regarding the
proposed entrances for both the Esperanza Hills and the Cielo Vista
developments.
Staff offered to bring this matter back to the Board for discussion once the
developer for Esperanza Hills submits updated plans for review by
Engineering.
REPORTS, INFORMATION ITEMS, AND COMMENTS
13.1 Director's Reports
Directors Lindsey and DesRoches noted they would not be present for the
Regu lar Board Meeting on July 26 , 2022.
13.2. Interim General Manager's Report
Interim General Manager Davert referenced his written report included in
the agenda packet. Operations Manager DeCriscio commented on the
District's actual versus projected expenses for groundwater production
during FY21-22 .
13 .3. General Counsel 's Report
None.
13.4. Future Agenda Items and Staff Tasks
None.
14. COMMITTEE REPORTS
14 .1. lnteragency Committee with MWDOC and OCWD
(Miller/ DesRoches) -Next meeting will be scheduled when needed.
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14.2. Joint Agency Committee with City of Yorba Linda
(Miller/ Lindsey) -Minutes of the meeting held Monday, April 25, 2022, at
5:30 p.m. will be presented when available. Next meeting will be held
Monday, August 8 , 2022 at 4:00 p.m.
14.3. Joint Agency Committee with City of Placentia
(Jones/ Lindsey) -Next meeting will be scheduled when needed.
15. BO A RD OF DIRECTORS ACT IVI T Y C A LE N DAR
15.1. Meetings from July 13 -August 3 1, 2022
16. A DJ O U R NM E NT
16.1. Director Hawkins made a motion , seconded by Director Jones , to adjourn
the meeting at 7:41 p.m . Motion passed 5-0-0-0 on a roll call vote .
( ~&
Annie Alexander
Board Secretary
M inu tes of t he YLWD Board of Directors Regula r Meetin g He ld Ju ly 12 . 2022 at 6 :30 p.m . 7