Loading...
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: Minutes of the YLWD Board of Directors Regular Meeting Held Thursday, November 5,2015 at 6:00 p.m. 1 2015-180 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. Minutes of the YLWD Board of Directors Regular Meeting Held Thursday, November 5,2015 at 6:00 p.m. 2 2015-181 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. Minutes of the YLWD Board of Directors Regular Meeting Held Thursday, November 5,2015 at 6:00 p.m. 3 2015-182 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. Minutes of the YLWD Board of Directors Regular Meeting Held Thursday, November 5,2015 at 6:00 p.m. 4 2015-183 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. Minutes of the YLWD Board of Directors Regular Meeting Held Thursday, November 5,2015 at 6:00 p.m. 5 2015-184 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 Minutes of the YLWD Board of Directors Regular Meeting Held Thursday, November 5,2015 at 6:00 p.m. 6