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Home My WebLink AboutMinutes - EVWD Board of Directors - 11/09/2022Minutes Regular Board Meeting & Public Hearing Meeting Date: November 9, 2022 CALL TO ORDER Approved December 14, 2022 The Chairman of the Board called the meeting to order at 4:30 p.m. ROLL CALL OF BOARD MEMBERS PRESENT Directors: Coats, Goodrich, Morales ABSENT Directors: Carrillo, Smith STAFF Michael Moore General Manager/CEO; Jeff Noelte, Director of Engineering and Operations; Kelly Malloy, Director of Strategic Services; Brian Tompkins, Chief Financial Officer; Kerrie Bryan, Director of Administrative Services; Rocky Welborn, Water Reclamation Manager; Pat Milroy, Operations Manager; Rudy Guerrero, Finance Supervisor; Jason Wolf, Senior Engineer; William Ringland, Public Affairs/Conservation ·Manager; Justine Hendricksen, District Clerk LEGAL COUNSEL Jean Cihigoyenetche GUESTS Members of the public PUBLIC COMMENTS Chairman Goodrich declared the public participation section of the meeting open at 4:31 p.m. There being no written or verbal comments, the public participation section was closed. 1. APPROVALOFAGENDA a. Approval of Agenda A motion was made by Director Coats, seconded by Vice Chairman Morales, that the Board approve the November 9, 2022 agenda as submitted. The motion carried by the following: Ayes: Coats, Goodrich, Morales Noes: None Absent: Carrillo, Smith 2. RECESS INTO CLOSED SESSION The Board entered into Closed Session at 4:32 p.m. as provided in the Ralph M. Brown Act Government Code Sections 54956.9(e)(3) and 54956(d)(l) to discuss the items listed on the agenda. RECONVENE THE MEETING The Board reconvened the meeting at 5:30 p.m. PLEDGE OF ALLEGIANCE Chairman Goodrich led the flag salute. ROLL CALL OF BOARD MEMBERS PRESENT Directors: Coats, Goodrich, Morales ABSENT Directors: Carrillo, Smith ANNOUNCEMENT OF CLOSED SESSION ACTIONS With respect to Item #2.a.: Legal Counsel stated that the Board considered a torte claim for damages filed by Mr. Dale Downs, and upon consideration of the claim, a motion was made by Vice Chairman Morales, seconded by Director Coats and by a unanimous vote by the Board members present that the claim be rejected. With respect to Item #2.b.: No reportable action taken. PRESENTATIONS AND CEREMONIAL ITEMS • Presentation to Norman Terry for 25 Years of Dedicated Public Service The General Manager/CEO presented Resolution 2022.18 to Mr. Norman Terry. PUBLIC COMMENTS Chairman Goodrich declared the public participation section of the meeting open at 5:35 p.m. There being no written or verbal comments, the public participation section was closed. 3. APPROVAL OF CONSENT CALENDAR a. Approval the October 12, 2022 Regular Board Meeting Minutes b. Approval the October 26, 2022 Regular Board Meeting Minutes c. Investment Transaction Report for Month Ended October 31, 2022 d. Approval of Directors' Fees and Expenses for October 2022 A motion was made by Director Coats, seconded by Vice Chairman Morales, that the Board approve the Consent Calendar as submitted. The motion was carried by the following vote: Ayes: Coats, Goodrich, Morales Noes: None Absent: Carrillo, Smith 4. INFORMATIONAL ITEMS a. Legislative Update The Director of Strategic Services provided and overview of the District's Legislative Program. She stated that during the last legislative session we saw a significant number of bills passed relating to a wide variety of topics, and the District is anticipating a continued focus on climate change initiatives, drought management, and conservation regulations during the upcoming session. Ms. Malloy introduced the District's Legislative Advocate, Ms. Pilar Onate-Quintana, who provided a legislative session summary. Ms. Onate-Quintana stated that her team actively monitored over 72 pieces of legislation and reviewed key bills that were passed into law. She also discussed the next 2-year session and the wave of new lawmakers in 2023, the administration's water strategy, and the state budget. Ms. Onate-Quintana and staff responded to questions from the Board of Directors. 5. DISCUSSION AND POSSSIBLE ACTION ITEMS a. Formation of Community Facilities District (CFD) 2022-1 (Palm & Highland); Consider Adoption of Resolution 2022.21, CFD 2022-1 Resolution 2022.01, CFD 2022-1 Resolution 2022.02, and CFO 2022-1 Ordinance No. 1; Public Hearing The Chief Financial Officer provided information regarding the formation of Community Facilities District 2022-1 (Palm & Highland). He stated that a public report was prepared by District's Special Tax Consultant, Koppel & Gruber, for entry into the record of the public hearing. That the report encapsulates all the items being discussed at this evening's meeting. The report includes: a description of the CFD and facilities to be financed, a cost estimate of the facilities, boundaries of the CFD and the method of levying special taxes within the CFD. Chairman Goodrich stated that this is the time and place set for a duly noticed Public Hearing regarding the proposed establishment of Community Facilities District No. 2022-01 (Palm & Highland) for East Valley Water District, the proposed Rate and Method of Apportionment of Special taxes with respect to the Community Facilities District and the proposed issuance of bonds of the Community Facilities District. CHAIRMAN GOODRICH OPENED THE PUBLIC HEARING AT 6:18 P.M. Chairman Goodrich declared the public participation section of the meeting open at 6:18 p.m. No public comments received. CHAIRMAN GOODRICH ANNOUNCED THE PUBLIC HEARING CLOSED AND ADJOURNED TO THE REGULAR BOARD MEETING AT 6:19 P.M. Vice Chairman Morales asked if there is any financial risk to the District regarding this action. A motion was made by Director Coats, seconded by Vice Chairman Morales, that the Board adopt Resolution 2022.21 and CFD 2022-1 Resolution 2022.01 as submitted. The motion carried by the following roll call vote: Ayes: Coats, Goodrich, Morales Noes: None Absent: Carrillo, Smith Chairman Goodrich stated that the Resolutions adopted establish the Community Facilities District, authorize the levy of special taxes within the Community Facilities District in accordance with the Rate and Method of Apportionment of Special taxes, determine the necessity to incur bonded indebtedness and call an election within the Community Facilities District, which election is to be held at the time by the Secretary, as the Community Facilities District has received from all owners of taxable property within the Community Facilities District waivers as to the time for holding the election. CERTIFYING RESULTS OF ELECTION FOR COMMUNITY FACILITIES DISTRICT 2022-1 (HIGHLAND & PALM) The Secretary stated that all ballots have been cast in connection with the election for Community Facilities District No. 2022-1 of East Valley Water District and the elections have now been closed. The results of said elections and the number of votes cast for and against Propositions A, B, and C were unanimous, four (4) votes in favor of all propositions. A motion was made by Vice Chairman Morales, seconded by Director Coats that the Board adopt CFD 2022-1 Resolution 2022.02 as submitted. The motion carried by the following roll call vote: Ayes: Coats, Goodrich, Morales Noes: None Absent: Carrillo, Smith Chairman Goodrich stated that with respect to authorizing the levy of a special tax within the Community Facilities District a vote is needed. A motion was made by Vice Chairman Morales, seconded by Director Coats that the Board adopt CFD 2022-1 Ordinance No. 1 as submitted. The motion carried by the following roll call vote: Ayes: Coats, Goodrich, Morales Noes: None Absent: Carrillo, Smith b. Consider Approval of Agreement for Low-Income Household Water Assistance Program (LIHWAP) with Horne LLC, to Disperse Grant Funding The Chief Financial Officer stated that the US Department of Health and Human Services, in conjunction with the California Department of Community Services and Development, established a Low-Income Household Water Assistance Program to help low-income residential water customers who have fallen behind on payment of their water utility bills. East Valley Water District must first enroll in the LIHWAP program and then enter into a Direct Payment Agreement with Horne LLP. The program directly pays off delinquent water/sewer bills of qualified customers. After determining eligibility, Horne LLP will disperse funding on behalf of delinquent water customers. The Chief Financial Officer answered several questions from the Board of Directors. A motion was made by Director Coats, seconded by Vice Chairman Morales, that the Board approve the District Payment Agreement with Horne LLP to receive federally funded Low-Income Household Water Assistance Program grant funds to be applied to the accounts of eligible District customers through October 31, 2023 and authorized the General Manager/CEO to execute the Agreement and any related documents, and take any and all actions necessary, required, or advisable to implement the Agreement, including delegations to a Project Coordinator to administer the Agreement. The motion was carried by the following vote: Ayes: Coats, Goodrich, Morales Noes: None Absent: Carrillo, Smith c. Consider Authorization to Transfer Unclaimed Funds into the District's General Fund The Finance Supervisor reviewed the process and procedure the District must take for the purpose of unencumbering stale-dated checks and keeping the related funds from escheating to the State. A motion was made by Vice Chairman Morales, seconded by Director Coats that the Board authorize the Chief Financial Officer to perform procedures prescribed in the Government Code and Civil Code of Procedure for the purpose of encumbering stale dated checks and keeping the related funds from escheating to the State as submitted. The motion carried by the following vote: Ayes: Coats, Goodrich, Morales Noes: None Absent: Carrillo, Smith 6. REPORTS a. Board of Directors' Reports Director Coats reported on the following: November 8 he attended the City of San Bernardino Water Department meeting where they voted for a three-year computer replacement cycle, they also renewed several insurance policies. Vice Chairman Morales reported on the following: November 3 he discussed District business with the General Manager/CEO; he also attended San Bernardino Valley Municipal Water District's workshop where they discussed a contract amendment regarding groundwater management; and on November 8 he attended Valley District's d. Board of Directors' Comments Director Coats congratulated fellow Board Members and thanked the public for allowing him the privilege to serve on the Board, he also wished staff, the Board and public a happy and healthy Thanksgiving. Vice Chairman Morales offered his appreciation to staff for the public outreach that is provided to the community. He also stated that it is a privilege to serve in this capacity and be selected by the ratepayers to continue to serve on the Board. ADJOURN Chairman Goodrich adjourned the meeting at 6:47 p.m. ~~rd President