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Home My WebLink About2022-09-13 - Board of Directors Meeting Minutes1 2 3. MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, September 13, 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 5:30 p.m. 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 Phil Hawkins Tom Lindsey 2022-121 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 None. 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Officials Liaison Reports Yorba Linda Councilmember Gene Hernandez commented on the state - mandated Housing Element and Measure B. Minutes of the YLWD Board of Directors Regular Meeting Held September 13, 2022 at 5:30 p.m. 2022-122 6.2. Federal and State Legislative Update Public Affairs Manager Martin reported on the status of SB 1157 and AB 2247. 7. PUBLIC COMMENTS None. Finance Manager Lugo introduced Sophia Phuong, newly hired Senior Account, and provided an overview of Ms. Phuong's professional experience. 8. CONSENT CALENDAR Director Hawkins made a motion, seconded by Director DesRoches, to approve the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. 8.1. Minutes of the Board of Directors Meeting Held August 23, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. 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. 8.3. Status of Communications Activities Recommendation: That the Board of Directors receive and file the monthly communications activities report. 8.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,288,656.32. 8.5. Cash and Investment Report for the Period Ending July 30, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending July 31, 2022. Minutes of the YLWD Board of Directors Regular Meeting Held September 13, 2022 at 5:30 p.m. 2 2022-123 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. Director's Reports Vice President Jones commented on MWDOC's economic impact study of the state's water use efficiency standards. President Jones reported on topics touched on during recent ACWA committee meetings including the monitoring and regulation of an additional PFAS molecule and the Clean Fleets Rule. Assistant General Manager Davert commented on the MET Upper Feeder pipeline emergency shutdown. 9.2. General Manager's Report General Manager Toy referenced his report in the agenda packet and commented on the various meetings being scheduled to introduce him to local elected officials and agency executives. He noted that he had been invited by MET to present on his professional experience with the US Army Corps of Engineers related to flood risk management at a future event. 9.3. General Counsel's Report None. 9.4. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Interagency Committee with MWDOC and OCWD (Miller / DesRoches) - Next meeting will be scheduled when needed. 10.2. 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 scheduled Monday, October 24, 2022 at 4:00 p.m. 10.3. Joint Agency Committee with City of Placentia (Jones / Lindsey) - Next meeting is in the process of being scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held September 13, 2022 at 5:30 p.m. 3 2022-124 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1 Meetings from September 14 —October 31, 2022 12. CLOSED SESSION The Board entered Closed Session at 5:54 p.m. 12.1. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: APN 343-591-20 Agency Negotiators: Mark Toy, General Manager Negotiating Parties: Rob Knaggs Under Negotiation: Price and Terms of Payment 12.2. 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: Two 12.3. 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: David and Christy Busk vs. YLWD (Orange County Sup- erior Court - Case No. 30-2022-01274513-CU-EI-CXC) 12.4. 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: Irvine Ranch Water District v. Orange County Water District, et al. (Los Angeles County Superior Court - Case No. BS168278) 12.5. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager The Board returned to Open Session at 7:32 p.m. Minutes of the YLWD Board of Directors Regular Meeting Held September 13, 2022 at 5:30 p.m. 4 2022-125 13. REPORT FROM CLOSED SESSION General Counsel Gagen reported that the Board took reportable action during Closed Session on Item No. 12.2. by unanimous vote to initiate litigation against Alex Winsberg. 14. ADJOURNMENT 14.1. Director Hawkins made a motion, seconded by Director DesRoches, to adjourn the meeting at 7.33 p.m. Motion passed 5-0-0-0 on a roll call vote. � �- Annie Alexander 11 Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held September 13, 2022 at 5:30 p.m.