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.
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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.
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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.
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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.
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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.
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• 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
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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
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