HomeMy WebLinkAbout2015-11-05 - Board of Directors Meeting Minutes 2015-179
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Thursday, November 5, 2015, 6:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The November 5, 2015 Regular Meeting of the Yorba Linda Water District Board
of Directors was called to order by President Collett at 6:15 p.m. The meeting
was held in the Board Room at the District's Administration Building located at
1717 East Miraloma Avenue in Placentia, California 92870.
2. PLEDGE OF ALLEGIANCE
President Collett led the pledge.
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
Ric Collett, President Marc Marcantonio, General Manager
Michael J. Beverage, Vice President Steve Conklin, Engineering Manager
Phil Hawkins John DeCriscio, Operations Manager
Robert R. Kiley Damon Micalizzi, Public Information Manager
Gary T. Melton Annie Alexander, Executive Secretary
ALSO PRESENT
Art Kidman, Partner, Kidman Law LLP
4. PUBLIC COMMENTS
None.
5. ACTION CALENDAR
5.1. Presentation by District's Legal Counsel Regarding Petition Challenging
Resolution No. 15-22
Mr. Art Kidman stated that a staff report regarding this matter had been
prepared and would be provided to the Board and the audience at the
same time. Following distribution of the report, Mr. Kidman introduced
himself and explained the purpose of the meeting. He then provided a
detailed overview of the staff report, including the following options to be
considered by the Board:
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1. Reject the Petition because the referendum process is not allowed
by the laws applicable to the Rate Resolution as adopted in
compliance with the requirements of Proposition 218 and confirm
continued implementation of the water rates as set forth in the Rate
Resolution (recommended).
2. Voluntarily rescind or repeal the Rate Resolution (not
recommended).
3. Voluntarily suspend the Rate Resolution pending the conduct of an
election (not recommended).
5.2. Comments from the Public Related to Petition Challenging Resolution No.
15-22
Mr. Mike Benz, resident, spoke regarding the District's finances, options
for reducing costs, and the possibility of merging with another service
provider.
Ms. Denise Salcido, resident, spoke regarding her personal water
conservation efforts, the drought penalty ordinance, the effective date of
the rate increase, and options for reducing costs.
Mr. Stewart Rixson, resident, spoke regarding his previous work
experience, options for reducing costs, and the performance of an
independent audit.
Dr. Jeff Decker, resident, spoke regarding the Yorba Linda Taxpayers
Association, the District's legal counsel, and the District's operating
expenses.
Mr. Christopher Sutton, attorney for the Yorba Linda Taxpayers
Association, spoke regarding the presentation provided by the District's
legal counsel, repealing the rate resolution, initiating a different method for
increasing the rates, and employee salaries.
Mr. Eddy Jackson, resident, spoke regarding the District's contract for
legal services, his correspondence with the Howard Jarvis Taxpayers
Association regarding Proposition 218, the water rate increase and the
District's operating expenses. He also commented on the drought penalty
structure and the referendum petition.
Mr. Ed Rakochy, resident, spoke regarding his experience with politics,
the staff report providing during the meeting, alleged violations of the
Ralph M. Brown Act, and the referendum petition.
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Mr. Jon Hansen, resident, spoke regarding the staff report provided during
the meeting, the water and sewer rate study report and the District's debt
coverage ratio. He also commented on the impact of the water rate
increase and the drought penalty ordinance on a personal friend.
Ms. Judy Murray, President of the Rancho Dominguez Community
Association, spoke regarding staff report provided at the meeting, the
base water rate and the drought penalty ordinance. She also commented
on various water conservation efforts made by the Association.
Ms. Mary Jean Pedneau, resident, spoke regarding potential litigation
related to the referendum petition, the District's debt obligations, and the
water rate resolution.
Ms. Christy Cosgrove, resident, spoke regarding the impact of water
conservation on the District's financial condition and the current water
rates.
Mr. Kent Ebinger, resident, spoke regarding amending the current water
rate resolution and conducting a forensic audit.
Mr. Dennis Wilson, resident, spoke regarding a moratorium on the
issuance of new water meters and the consequences of not meeting the
State's 36% conservation mandate.
Mr. Wayne Miller, resident, spoke regarding the Proposition 218 process,
referendum petition, water rate increase, projected expenses, and the staff
report provided during the meeting.
Ms. Irene Yesbak, resident, spoke regarding her personal water bill, the
District's water conservation representatives, the State's water
conservation mandate, and current development projects.
Mr. Roland Gutierrez, resident, spoke regarding his future involvement
related to the referendum petition.
Mr. David Ramocinski, resident, spoke regarding a previous report by the
Orange County Grand Jury, the District's legal counsel and litigation
related to the Freeway Complex Fire.
Ms. Lori Moore, resident, spoke regarding her personal water bill,
employee salaries and options for reducing costs.
Ms. Anita Hynds, resident, spoke regarding the Board, the District's water
quality, and the Freeway Complex Fire.
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Mr. Bob Wren, resident, spoke regarding the District's fixed expenses and
water/sewer infrastructure. He also commented on his previous work
experience.
Mr. Tom Lynch, resident, spoke regarding the staff report provided during
the meeting as well as the District's expenses, water rate increase, and
debt obligations. He also commented on options for reducing costs, the
potential impact of El Nino, and the water rate increase.
Dr. Shivani Escamilla, resident, spoke regarding her personal work
experience, the District's administration building, employee salaries, and
the water rate increase.
Ms. Rose Bushey, resident, spoke regarding oversight of the District, a
forensic audit, employee salaries, and the District's reserves. She also
spoke regarding the water rate increase.
Mr. Mark Nagel, resident, spoke regarding his personal water bill and
information regarding the water rate increase provided in the District's
newsletter.
A recess was declared at 7:58 p.m.
The meeting was reconvened at 8:09 p.m.
Mr. Marshall Burke, resident, spoke regarding his personal work
experience, the staff report provided during the meeting, the water rate
increase and the potential impact of El Nino.
Ms. Christie Parker, resident, spoke regarding the drought penalty
ordinance, the water rate increase, and potential litigation related to the
referendum petition.
Mr. Ben Parker, resident, spoke regarding the staff report provided during
the meeting and potential litigation related to the referendum petition.
Ms. Julie Causik, resident, spoke regarding the duties of the Board, the
staff report and public comments provided during the meeting, and
repealing the water rate resolution.
Ms. Diana Hudson, resident, spoke regarding the Board, the District's
general counsel, her personal water bill and conservation efforts, and the
District's debt obligations.
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Mr. Jim Wohlt, resident, spoke regarding his personal work and public
service experience and the staff report provided during the meeting.
Ms. Dee Dee Friedrich, spoke regarding the staff report provided during
the meeting and repealing the water rate increase. She also commented
on residents with horses.
Mr. Jim Neville, resident, spoke regarding the staff report provided during
the meeting, previous efforts to cut costs, the potential impact of El Nino,
and the performance of a forensic audit.
Mr. Ed Gunderson, resident, spoke regarding the comments made during
the meeting, Governor Brown, various pieces of legislation, and state
government departments.
Ms. Dora Ramirez, resident, spoke regarding the water rate increase and
the referendum petition.
5.3. Board Discussion and Action Regarding Petition Challenging Resolution
No. 15-22
Director Hawkins spoke regarding the options presented to the Board and
future review of the District's budget versus expenses.
Director Kiley spoke regarding Governor Brown's mandated water
conservation percentage of 36% and its effect on the District. He also
commented on the potential impact of El Nino and the public comments
provided during the meeting.
Director Melton spoke regarding Governor Brown's water conservation
mandate and its impact on the District's finances. He also commented on
the District's water/sewer infrastructure, the performance of a forensic
audit, the Proposition 218 process, and the potential impact of El Nino.
Vice President Beverage spoke regarding his service on the Board, the
District's budget preparation process, and Governor Brown's water
conservation mandate and its impact on the District's finances.
President Collett spoke regarding the impact of the drought and Governor
Brown's water conservation mandate on the District's business model. He
also commented on the performance of a forensic audit, a future budget
workshop to which the public was invited to attend, and the referendum
versus initiative petition processes.
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President Collett made a motion to reject the Petition because the
referendum process is not allowed by the laws applicable to the Rate
Resolution as adopted in compliance with the requirements of Proposition
218 and confirm continued implementation of the water rates as set forth
in the Rate Resolution.
Mr. Kidman suggested that the Board consider receiving and filing the
signature counts received from the Orange County Registrar of Voters
prior to taking action related to the referendum petition.
Director Beverage made a motion, seconded by Director Melton, to
receive and file the certified signature counts received from the Orange
County Registrar of Voters through the District's Election Official for the
petition. Motion passed 5-0.
Director Hawkins then seconded President Collett's previous motion to
reject the Petition because the referendum process is not allowed by the
laws applicable to the Rate Resolution as adopted in compliance with the
requirements of Proposition 218 and confirm continued implementation of
the water rates as set forth in the Rate Resolution.
At the request of Director Beverage, Mr. Kidman briefly commented on a
similar situation at another water district in Amador County and the
difference between an initiative and a referendum.
Motion carried 5-0.
Mr. Collett then invited the public to attend the next regular Board meeting
on November 12, 2015 at 8:30 a.m. and the budget workshop meeting
scheduled November 19, 2015 at 3:00 p.m.
6. ADJOURNMENT
6.1. The meeting was adjourned at 9:07 p.m. The next Regular Board of
Directors Meeting will be held Thursday, November 12, 2015 at 8:30 a.m.
Annie Alexander
Assistant Board Secretary
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