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HomeMy WebLinkAbout2015-12-23 - Board of Directors Meeting Minutes 2015-206 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Wednesday, December 23, 2015, 8:30 a.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The December 23, 2015 Meeting of the Yorba Linda Water District Board of Directors was called to order by President Collett at 8:30 a.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 Gina Knight, Human Resources / Risk Manager Robert R. Kiley Delia Lugo, Finance Manager Gary T. Melton Damon Micalizzi, Public Information Manager Art Vega, Information Technology Manager Javier Martinez, Water Production Superintendent Marcus Millen, Records Management Specialist ALSO PRESENT Art Kidman, Partner, Kidman Law LLP Andrew Gagen, Partner, Kidman Law LLP Gene Hernandez, Councilmember, City of Yorba Linda Eddy Jackson, Resident John Milton, Resident Susan Decker, Resident Randy Holbrook, Resident Paul Swiontek, Resident 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. PUBLIC COMMENTS None. Minutes of the YLWD Board of Directors Regular Meeting Held December 23,2015 at 8:30 a.m. 1 2015-207 6. CONSENT CALENDAR Director Kiley made a motion, seconded by Director Hawkins, to approve the Consent Calendar. Motion carried 5-0. 6.1. Minutes of the Board of Directors Regular Meeting held October 22, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.2. Minutes of the Board of Directors Regular Meeting held November 5, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.3. Minutes of the Board of Directors Regular Meeting held November 12, 2015 Recommendation: That the Board of Directors approve the minutes as presented. 6.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of$1,396,162.95. 6.5. Terms and Conditions for Water and Sewer Service with Brandywine Homes for Tract 17793 Recommendation: That the Board of Directors approve the Terms and Conditions for Water and Sewer Service with Brandywine Homes for Tract 17793, Job No. 201511. 6.6. Quitclaim Easement Deed to Provence Group, LLC, Tract 17608 Recommendation: That the Board of Directors authorize the General Manager to execute the Quitclaim Easement Deed to Provence Group, LLC, abandoning the recorded easement of the Official Records of Orange County, California. Minutes of the YLWD Board of Directors Regular Meeting Held December 23,2015 at 8:30 a.m. 2 2015-208 7. ACTION CALENDAR 7.1. Board of Directors Compensation Mr. Marcantonio read a statement that was posted online by Ms. Nancy Rikel which she indicated was reprinted from the Yorba Linda Taxpayer Association's Facebook page. Mr. Marcantonio then clarified that the statement that District staff was recommending an increase to the Board's compensation rate was false and that the verbiage in the agenda report was the same that appears every year in December as a routine housekeeping item. He further explained that the report did not recommend any action other than asking the Board to consider their compensation rate for the next year. In accordance with CA Water Code, the Board's current compensation rate is set at $150 per day for each day's attendance at meetings of the Board and other meetings attended at the request of the Board, not to exceed 10 days per calendar month. Additionally, the Board is allowed to increase their compensation up to 5% for each calendar year following the operative date of the last adjustment. As the last adjustment was effective March 24, 2003, the Board would be eligible for an increase up to $269.38 per day. Mr. Marcantonio then reviewed results of a local compensation survey conducted by the Irvine Ranch Water District which were included in the agenda packet. Mr. Eddy Jackson, resident, commented on the schedule for reviewing the Directors' compensation and a previous report published by the OC Grand Jury. Mr. John Milton, resident, commented on the schedule for reviewing the Directors' compensation, a letter written by Mr. Jon Hansen that was published in the LA Times, and related statements on the Yorba Linda Taxpayers Association's Facebook page. Ms. Susan Decker, resident, commented on the same report published by the OC Grand Jury, the Board's role in the community, and the Directors' consideration of their compensation rate. Mrs. Lugo stated that routine consideration of this matter supported the District's goal of transparency. She also noted that the budgeted amount for the Board's compensation for FY 2015/16 was the same as it was for FY 2014/15 and provided an overview of the related expenses for the first quarter of the current fiscal year. Mr. Randy Holbrook, resident, commented on individuals who serve the community without receiving compensation. Minutes of the YLWD Board of Directors Regular Meeting Held December 23,2015 at 8:30 a.m. 3 2015-209 Mr. Paul Swiontek, resident, commented on the timing of the Directors' consideration of their compensation rate. Director Beverage commented on the historical consideration of the Directors' compensation rate. He also recommended that the Board's compensation rate remain the same. Director Hawkins stated that he enjoyed serving on the Board and was not interested in increasing the Directors' compensation. President Collett noted that consideration of the Directors' compensation occurred on an annual basis following the reorganization of the Board. Director Beverage made a motion, seconded by Director Melton, to keep the Directors' compensation rate the same for the next calendar year. Director Hawkins stated the he enjoyed serving on the Board. Motion carried 5-0. 7.2. Committee, Agency and Intergovernmental Meeting Assignments President Collett explained that it was his desire that the committee, agency, and intergovernmental meeting assignments remain the same for the next calendar year. Director Melton stated that he had served on the YLWD/City of Placentia/GSWC interagency committee for 4 years and asked if he could switch to the YLWD/City of Yorba Linda joint agency committee. Director Beverage recommended that consideration of this matter be deferred to the next regular meeting. Mr. Marcantonio suggested that the Board consider taking action at this meeting so that assignments could be determined in the interim. Director Hawkins made a motion to approve the committee, agency and intergovernmental meeting assignments as presented and that any requests for revisions be considered at a future meeting. Director Kiley seconded the motion which then carried 5-0. 8. REPORTS, INFORMATION ITEMS, AND COMMENTS 8.1. President's Report President Collett wished everyone safe travels and happy holidays. Minutes of the YLWD Board of Directors Regular Meeting Held December 23,2015 at 8:30 a.m. 4 2015-210 8.2. Directors' Reports The remaining Directors wished everyone a Merry Christmas and happy holidays. • CRWUA Annual Conference — December 16-18, 2015 Director Melton requested that a video distributed at the conference be presented at the next regular Board meeting. 8.3. General Manager's Report Mr. Marcantonio asked each of the managers (or their designee) to provide a report regarding activities within their respective departments. He then provided the Board with an overview of his meetings and activities. 8.4. General Counsel's Report Mr. Gagen stated that he was grateful for the opportunity to serve the District and wished everyone a Merry Christmas and happy holidays. 8.5. Future Agenda Items and Staff Tasks None. 9. COMMITTEE REPORTS 9.1. Interagency Committee with MWDOC and OCWD (Collett / Melton) • Next meeting is scheduled to be held January 26, 2016 at 4:00 p.m. 9.2. Joint Agency Committee with City of Yorba Linda (Collett / Beverage) • Minutes of the meeting held November 17, 2015 at 9:00 a.m. were provided in the agenda packet. • Minutes of the meeting held December 15, 2015 at 9:00 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held January 19, 2016 at 9:00 a.m. at YL City Hall. 9.3. Interagency Committee with City of Placentia and Golden State Water Company (Melton / Kiley) • Minutes of the meeting held September 29, 2015 at 2:00 p.m. were provided in the agenda packet. Minutes of the YLWD Board of Directors Regular Meeting Held December 23,2015 at 8:30 a.m. 5 2015-211 • Minutes of the meeting held December 8, 2015 at 2:00 p.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held February 9, 2016 at 2:00 p.m. at Golden State Water Company in Placentia. 9.4. Citizens Advisory Committee (Collett) • Minutes of the meeting held December 16, 2015 at 8:30 a.m. will be provided at the next regular Board meeting. • Next meeting is scheduled to be held January 25, 2016 at 8:30 a.m. 10. INTERGOVERNMENTAL MEETINGS The Directors and staff reported on their attendance at the following meetings. 10.1. WACO - December 11, 2015 (Collett/Hawkins/Kiley) 10.2. YL City Council - December 15, 2015 (Collett) 10.3. MWDOC Board - December 16, 2015 (Staff) 10.4. OCWD Board - December 16, 2015 (Staff) 10.5. OCSD - December 16, 2015 (Kiley/Beverage) 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from December 24, 2015 — January 31, 2016 The Board reviewed the activity calendar and made no changes. 12. CLOSED SESSION The meeting was adjourned to Closed Session at 9:55 a.m. All Directors were present. Also present were Mrs. Knight, Messrs. Marcantonio, Micalizzi, Kidman and Gagen. 12.1. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: One Minutes of the YLWD Board of Directors Regular Meeting Held December 23,2015 at 8:30 a.m. 6 2015-212 The Board reconvened in Open Session at 10:50 a.m. President Collett announced that no action was taken during Closed Session that was required to be reported under the Brown Act. 13. ADJOURNMENT 13.1. The meeting was adjourned at 10:50 a.m. The next Regular Board of Directors Meeting will be held Thursday, January 14, 2016 at 8:30 a.m. — Marc Marcantonio Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held December 23,2015 at 8:30 a.m. 7