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HomeMy WebLinkAbout2022-08-09 - Board of Directors Meeting MinutesMINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, August 9, 2022, 5:30 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 5:30 p.m. 3. PLEDGE OF ALLEGIANCE Vice President Jones led the pledge. 4. ROLL CALL DIRECTORS PRESENT J. Wayne Miller, PhD, President Brooke Jones, Vice President Trudi DesRoches Tom Lindsey DIRECTORS ABSENT Phil Hawkins 2022-109 STAFF PRESENT Doug Davert, Interim General Manager John DeCriscio, Operations Manager Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Alison Martin, Public Affairs Manager Annie Alexander, Board Secretary ALSO PRESENT Andrew Gagen, General Counsel Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA None. 6. PUBLIC COMMENTS None. 7. CLOSED SESSION The Board entered Closed Session at 5:32 p.m. Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 8. 9. 10. 2022-110 7.1. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 7.2. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 7.3. Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One 7.4. Public Employment Pursuant to Section 54957 of the California Government Code Title: General Manager 7.5. Conference with Labor Negotiators Pursuant to Section 54957.6 of the California Government Code Agency Designated Representatives Unrepresented Employee: Board President and General Counsel General Manager The Board returned to Open Session at 6:31 p.m. REPORT FROM CLOSED SESSION General Counsel Gagen reported that the Board took no reportable action during Closed Session. PUBLIC COMMENTS CONTINUED None. INTRODUCTIONS AND PRESENTATIONS 10.1. Elected Officials Liaison Reports None. Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 2 2022-111 10.2. Federal and State Legislative Update Staff briefed the Board on SB1157 Hertz -Berg Bill on indoor water use, which is going to be a focus of the legislature and is being monitored by Townsend Public Affairs. The District is still on the oppose unless amended coalition trying to seek amendments on the bill on indoor water use standards. 11. CONSENT CALENDAR Vice President Jones requested to remove Item Nos. 11.3, 11.6, and 11.8 from the Consent Calendar for separate action. Director Lindsey requested to remove Item No. 11.9. Director DesRoches made a motion, seconded by Director Jones, to approve the remainder of the Consent Calendar. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 11.1. Minutes of the Board of Directors Meeting Held July 21, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 11.2. 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. 11.4. Budget to Actual Statements for the Month Ending June 30, 2022 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending June 30, 2022. 11.5 Cash and Investment Report for the Month Ending June 30, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending June 30, 2022. 11.7. Declaration of Restrictive Covenants with Juan Ma of 5992 Jasper Drive, Yorba Linda Recommendation: That the Board of Directors authorize the Board President and Interim General Manager to execute a Declaration of Restrictive Covenants with Juan Ma of 5992 Jasper Drive, Yorba Linda. Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 2022-112 ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION Staff responded to questions from the Board regarding capital and operating and maintenance expenses for the PFAS Water Treatment Plant services under Item No. 11.3., comparative costs for rehabilitating versus replacing the pipeline related to Item No. 11.6., and minimizing District liability related to Item Nos. 11.8. and 11.9. Director Lindsey made a motion, seconded by Director Miller, to approve Item Nos. 11.3., 11.6., 11.8. and 11.9. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 11.3. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $7,752,006.46. 11.6. Notice of Completion for FY22 Sewer CIPP Rehabilitation Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the FY22 Sewer CIPP Rehabilitation Project, Job No. J -2021-28S. 11.8. Quitclaim Deeds of 4858 and 4876 Main Street Recommendation: That the Board of Directors authorize the Interim General Manager to execute the Quitclaim Deeds to Longball Investments, LLC, abandoning two sets of recorded easements of the Official Records of Orange County, California. 11.9. Quitclaim Deeds of 4842 Main Street Recommendation: That the Board of Directors authorize the Interim General Manager to execute the Quitclaim Deed to Transformation Ministries, abandoning the recorded easement of the Official Records of Orange County, California. 12. ACTION CALENDAR 12.1. Response to Orange County Grand Jury Report - Water in Orange County Needs "One Voice" Interim General Manager Davert briefed the Board on the findings and recommendations included in the Grand Jury's report and recommended the District take a neutral approach as reflected in the draft response. Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 2022-113 Interim General Manager Davert requested the last word on the second page of the response be revised to "agency" from "bureaucracy" and responded to questions from the Board as to why some local water agencies were excluded from the Grand Jury's report. Director Jones made a motion, seconded by Director DesRoches, to approve the response to the Orange County Grand Jury's report as revised. President Miller opened the floor to public comment on this item for which there was none. Motion carried 4-0-0-1 on a roll call vote with Director Hawkins absent. 13. REPORTS, INFORMATION ITEMS, AND COMMENTS 13.1. Director's Reports None. 13.2. Interim General Manager's Report Interim General Manager Davert referenced his report in the agenda packet and commented on the District's participation in upcoming community events and the District's upcoming credit surveillance with Fitch Ratings. 13.3. General Counsel's Report None. 13.4. Future Agenda Items and Staff Tasks None. 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) — Minutes of the meeting held Monday, August 8, 2022, at 4:00 p.m. will be presented when available. Next meeting is yet to be scheduled. Director Lindsey commented on public attendance at these committee meetings and the favorable response and communication with the City of Yorba Linda. Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m. 5 2022-114 14.3. Joint Agency Committee with City of Placentia (Jones / Lindsey) - Next meeting is in the process of being scheduled. 15. BOARD OF DIRECTORS ACTIVITY CALENDAR 15.1 Meetings from August 10 — September 30, 2022 16. ADJOURNMENT 16.1. Director Lindsey made a motion, seconded by Director Jones, to adjourn the meeting at 7:06 p.m. Motion passed 4-0-0-1 on a roll call vote with Director Hawkins absent. A Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held August 9, 2022 at 5:30 p.m.