HomeMy WebLinkAbout2016-06-14 - Board of Directors Meeting Minutes 2016-103
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS SPECIAL MEETING
Tuesday, June 14, 2016, 3:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The June 14, 2016 Yorba Linda Water District Board of Directors Special
Meeting was called to order by President Collett at 3:00 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
Director Kiley led the pledge.
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 Gina Knight, Human Resources/Risk Manager
Gary T. Melton Delia Lugo, Finance Manager
Damon Micalizzi, Public Information Manager
Art Vega, Information Technology Manager
Annie Alexander, Executive Secretary
Cindy Botts, Water Cons Supvr/Mgmt Analyst
Laurie McAllaster, Records Mgmt Administrator
OTHER ATTENDEES
Andrew Gagen, Partner, Kidman Law LLP
Jeff Decker, Resident
Kent Ebinger, Resident
Ben Parker, Resident
Cristy Parker, Resident
Julia Shultz, Resident
4. PUBLIC COMMENTS
None.
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5. ACTION CALENDAR
5.1. Metropolitan Water District of Southern California Coalition Letter
Opposing SB554 (Wolk)
Mr. Micalizzi explained that the Metropolitan Water District of Southern
California was seeking signatures for a coalition letter taking an Oppose
Unless Amend position against Senate Bill 554. The Bill contains
language that is contrary to the "beneficiaries pay" principle as it is
seeking to permanently encumber the State General Fund for levee
maintenance responsibilities on private lands in the Sacrament-San
Joaquin Delta. Mr. Micalizzi noted that Director Brett Barbre had
requested the District's support regarding this matter at a previous Board
meeting. He and Mr. Marcantonio then responded to questions from the
Board regarding the content of the letter.
Director Hawkins made a motion, seconded by Director Kiley, to authorize
the General Manager to sign the Metropolitan Coalition letter on behalf of
the District.
Vice President Beverage asked about the number of other agencies
signing on to the letter. Mr. Micalizzi explained that due to timing issues,
only those agencies who were able to take action prior to the submission
deadline would be participating.
Motion carried 5-0.
President Collett requested that staff forward a copy of the letter to the
Board once it had been finalized.
6. DISCUSSION ITEMS
6.1. Draft Reserve Policy for FY 2016/17
Mrs. Lugo explained that the Board considered the District's reserve policy
on an annual basis. The only change from the current policy is the
addition of a Conservation Reserve which would be funded from the net
result of administrative penalties assessed less allowable expenditures for
each fiscal year. Mrs. Lugo then read the description of the Conservation
Reserve contained in the draft policy and responded to related questions
from the Board. Mr. Marcantonio noted that Rutan & Tucker had just
published a white paper regarding the use of penalty revenue. Mrs. Lugo
then responded to additional questions from the Board regarding the
handling of the proposed reserve should the State Water Resources
Control Board (SWRCB) implement permanent conservation regulations.
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Vice President Beverage suggested utilizing the proposed reserve to
enhance the District's rebate program through MWDOC.
Mr. Jeff Decker, resident, spoke against the use of administrative penalty
revenue for any purpose and suggested that it be refunded to District
customers. He then commented on fines issued to customers for
violations of the District's conservation ordinance.
President Collett clarified that the revenue received from fines assessed
for violating the conservation ordinance was different from that received
from administrative penalties and that the proposed reserve would be
funded from the latter.
Mr. Decker then spoke against the use of administrative penalty revenue
to fund the salaries of the District's Water Conservation Representatives.
Mrs. Cristy Parker, resident, noted that there wasn't a maximum level for
the Capital Replacement Reserve contained in the draft reserve policy.
She also commented on the recommended reserve levels referenced in
the water/sewer rate study.
Mrs. Lugo clarified that the proposed reserve policy did not reflect the
recommended levels referenced in the water/sewer rate study due to
pending litigation. Staff is planning to present a revised reserve policy for
Board consideration once the litigation has been resolved.
Mrs. Julia Shultz, resident, asked for confirmation that the fines assessed
for violating the conservation ordinance were different from the
administrative penalties assessed for exceeding mandatory water use
restrictions.
Vice President Beverage confirmed that there were two different
ordinances associated with the fines and penalties.
Mrs. Shultz, stated that the majority of District customers were not
assessed penalties and spoke against refunding revenue received from
penalties to customers who were out of compliance. She also commented
on her personal conservation efforts and the possibility of SWRCB
changing its conservation regulations at some point in the future.
Mr. Ben Parker, resident, stated that in an effort to conserve water, some
customers had let their lawns die and were still assessed penalties.
Director Beverage made a motion, seconded by Director Hawkins,
directing staff to present the draft reserve policy to the Board at a future
meeting for formal consideration. Motion carried 5-0.
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6.2. Draft Operating Budget for FY 2016/17
Mrs. Lugo provided an overview of the Board's previous discussions
related to the draft budget. She explained that staff had prepared two
financial scenarios for the Board's review based on a 12% and 8%
incremental increase (or bounce back) in water demand as compared to
year end projections for the current fiscal year. Mrs. Botts then reviewed
staff's demand comparisons and the 12% bounce back scenario with
financial projections through FY 2020. Staff also responded to questions
from the Board regarding the Capital Replacement Reserve and the
Capital Improvement Program. Mrs. Botts then reviewed the 8% bounce
back scenario and noted that it had been prepared for comparative
purposes only. She also presented staff's projections for potential
reduction of the monthly service charges during FY 2016/17 and explained
that they were subject to change following completion of Raftelis' formal
financial analysis. Mrs. Botts clarified that should the Board elect to
reduce the monthly service charges using staff's calculations, that both
scenarios would allow the District to cover its projected expenses for FY
2016/17. The Board and staff then discussed the following topics:
feedback received from the City of Yorba Linda and Placentia-Yorba Linda
Unified School District regarding their respective anticipated increases in
outdoor irrigation; water production trends following institution of Stage 1
water conservation measures, customer participation in the turf removal
rebate program; estimated percentage of customers who let their lawns
turn brown in order to conserve water; and the District's original 5-year
financial plan.
Mr. Jeff Decker, resident, asked for clarification regarding the two financial
scenarios presented during the meeting and the potential reduction of the
monthly service charge. Mrs. Lugo explained the impact of increased
water demand on the District's finances and the importance of setting
rates that reflect the cost of service. Mr. Decker also commented on the
projected revenues and bounce back increments in the two financial
scenarios.
Mr. Kent Ebinger, resident, asked for clarification regarding the forecasted
funds available for transfer to the Capital Replacement Reserve in the
forecast for FY 2015/16 in each of the scenarios versus the forecast
contained in the FY 2015/16 budget document for the same line item.
Mrs. Lugo explained that the budget for FY 2015/16 contained forecasted
financial information which was subject to change. The Board and Mrs.
Lugo then responded to questions from Mr. Ebinger regarding the
handling of revenue received from administrative penalties and the
District's reserve funds. Mr. DeCriscio then provided an overview of staff's
cost saving efforts in relation to water production during the current fiscal
year.
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Additional discussion regarding each of the financial scenarios continued.
Vice President Beverage suggested that the Board consider a scenario
with a bounce back of 15% the first fiscal year and then 17%, 20%, and
22% for the following fiscal years. Mrs. Lugo noted that regardless of
which scenario the Board decided to move forward with, the potential
refunding of the certificates of participation and extension of the line of
credit would be dependent on a budget containing 5-year projections that
were substantiated and demonstrated financial responsibility. Each of the
Directors then shared which scenario or scenarios they'd like to consider
further. Mr. Gagen commented on SWRCB's self-certification process
and the potential for mandatory conservation regulations being reinstated.
Mr. Jeff Decker, resident, commented on the District's most recent
financial statements and the forecasted net revenue for FY 2015/16 in the
financial scenarios. Mrs. Lugo briefly responded to his concerns.
President Collett requested that staff bring back two scenarios for the
Board's review starting with a 12% and a 15% bounce back. He noted
that the next Board meeting to discuss the draft budget was scheduled
Thursday, July 7, 2016 at 8:30 a.m. and that approval of the final draft
budget was scheduled for a special meeting scheduled July 21, 2016.
President Collett then thanked staff for their work. Mrs. Lugo then
responded to questions from the Board regarding the effective date of the
final budget.
7. ADJOURNMENT
7.1. The meeting was adjourned at 4:20 p.m. The next Regular Board of
Directors Meeting will be held Thursday, June 23, 2016 at 8:30 a.m.
Annie Alexander
Assistant Board Secretary
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