HomeMy WebLinkAbout2017-03-21 - Ad Hoc Citizens Advisory Committee Meeting Minutes
MINUTES OF THE
YORBA LINDA WATER DISTRICT
AD HOC CITIZENS ADVISORY COMMITTEE MEETING
Tuesday, March 21, 2017, 7:00 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
The March 21, 2017 meeting of the Yorba Linda Water District’s Ad Hoc Citizens
Advisory Committee was called to order at 7:00 p.m. The meeting was held in
the Training Room at the District’s Administration Building located at 1717 East
Miraloma Avenue, Placentia California 92870.
2. ROLL CALL
COMMITTEE MEMBERS PRESENT
Dennis Anderson Fred Hebein
Lindon Baker Pamela Hymel
Jeff Decker Ben Parker
Kent Ebinger Cristy Parker
Terry Harris Kenneth Tam
YLWD DIRECTORS PRESENT YLWD STAFF PRESENT
J. Wayne Miller, President Malissa Muttaraid, Public Affairs Representative
Al Nederhood, Vice President
OTHER ATTENDEES
Andrew Gagen, General Counsel, Kidman Law LLP
Brent Ives, Principal, BHI Management Consulting
3. PUBLIC COMMENTS
None were offered at this time.
4. DISCUSSION ITEMS
4.1 Overview of Ralph M. Brown Act
Mr. Andrew Gagen presented an overview of the Brown Act including how
the committee should operate and publically notify its meetings. Also
discussed were specific constraints for members’ off-line discussions,
rules for interactions with the public during meetings, and the proper
handling of email communications amongst committee members. The
topic of forming sub-committees was then discussed, including applicable
requirements should one or more be established.
Minutes of the Ad Hoc Citizens Advisory Committee Meeting Held March 21, 2017 at 7:00 p.m. 1
Mr. Terry Harris made a motion, seconded by Mr. Kent Ebinger, to consider Item
No. 4.5 at this time. The Committee agreed and the following item was taken out
of order.
4.5. Clarification of Committee Roles, Responsibilities and Procedures
President Miller addressed the committee and commented on its role and
the District’s rates. He stated that the role of the committee was to tell the
Board if the current uniform water rate structure was appropriate or if they
considered a tiered rate structure to be fairer.
Mr. Terry Harris added that while looking at rate structures was clearly the
intent of the committee, this could not be accomplished without looking at
some of the District’s financial data.
Dr. Jeff Decker stated that the committee needed to go back to what the
entire Board said, not only what the Chair wants to see. He asserted that
the District’s past rate collections have overcharged the rate-payers.
Mr. Kent Ebinger stated that the District has more than sufficient funds
and believe that both Rate sufficiency and Rate structure are the role of
the committee.
Mr. Ben Parker asked how the committee would provide a report or
recommendation. Following discussion it was decided that the
committee would do its best to provide verbal and written
recommendations to the full Board of Directors in May as requested.
Adequate time for that deliverable was discussed with the outcome
uncertain.
Mr. Terry Harris stated that he didn’t think the Board gave the committee
enough respect regarding their capability to understand rate structures
and provide guidance in an informed and timely manner.
Dr. Jeff Decker agreed to sit with appropriate staff, one on one to study his
sufficiency questions, then report back to committee. This was decided to
proceed by the committee and Dr. Decker agreed to provide his report in a
20 minute timeframe at the April 6, 2017 committee meeting.
President Miller stated that this process took Las Virgenes Water District
two years to study and complete. He continued that they were more
strategic than tactical in their approach. Should that approach be applied
to this committee, a June/July outcome from the committee would not be
required.
Ms. Pam Hymel stated that she thought having a facilitator was a bonus.
Minutes of the Ad Hoc Citizens Advisory Committee Meeting Held March 21, 2017 at 7:00 p.m. 2
A member of the public stated that the committee could not look at one
without the other (referring to rate sufficiency and structures or models).
A member of the public asked what happened to the list of items
requested at the March 8, 2017 meeting. The facilitator explained that
staff had combined that request with answers at the recent workshops on
two of the matters (Capital Improvement Plan and Reserves, 3/21 Board
workshop) and the full Board considering the scope of the committee (3/14
Board meeting).
A member of the public asked if there was a cost to changing rate
structures. Committee answered that that will be part of the discovery
process to come.
President Miller suggested that the committee develop a “data gap” list.
Mr. Lindon Baker recommended that two sub-committees be formed, one
for each subject, rate sufficiency and rate structure. Following discussion,
it was decided that in light of time constraints and the Brown act,
committee members would perform research on an individual basis and
report back to the full committee.
4.2. Discuss Continuation of Meeting Facilitation Services
The committee discussed the merits and drawbacks of having a facilitator
for its meetings, questions were asked of the facilitator. The question was
put to the committee to vote yes to keep the facilitation of the meetings
and no, to dismiss the facilitator. The vote was taken on index cards with
the outcome 7 votes yes in favor of keeping the facilitator and 3 votes
opposed to keeping the service. Action to ratify this decision will be
placed on the March 30, 2017 agenda.
4.3. Consider Appointment of Committee Chair
The committee discussed the need for a Chair. Ideas ranged from having
two chairs, one for each topic (Rate Sufficiency and Rate Structure), and
not having a chair at all. Committee reasoned that having one chair would
be beneficial should the committee desire to meet on a date when the
facilitator was not available.
The committee unanimously determined to appoint Mr. Terry Harris as the
Committee Chair. Action to ratify this decision will be placed on the March
30, 2017 agenda.
Minutes of the Ad Hoc Citizens Advisory Committee Meeting Held March 21, 2017 at 7:00 p.m. 3
The committee then discussed the process for developing agendas in
order to comply with the Brown Act, including the Chair’s involvement and
staff time required for preparation and proper notification. It was also
discussed that the Chair would review the minutes of past meetings prior
to committee consideration for approval.
4.4. Consider Appointment of Committee Secretary
There was no discussion of this matter.
4.6. Future Meeting Schedule and Agenda Items
The committee discussed how to move specific informational items along
for the committee’s benefit.
The committee requested that the presentations being provided at the
Board workshop meeting on March 22, 2017 be placed in the drop box.
The committee determined that the next meeting would be held on
Thursday, March 30, 2017 at 6:00 p.m. Staff was to work with IRWD and
IEUA to provide the committee with presentations regarding their
respective agencies rate structures.
The committee agreed that Mr. Dennis Anderson would provide a
presentation on Proposition 218 and the City of San Juan Capistrano’s
water rate issue at the March 30, 2017 meeting.
It was decided that time would be allowed for the development of key
questions and the identification of data gaps in areas relevant to topics of
interest. This would allow committee members more time to review current
and new information in the drop box. Questions could be delivered to staff
to answer at upcoming meetings.
5. ADJOURNMENT
5.1. The meeting was adjourned at 9:17 p.m.
BI
Minutes of the Ad Hoc Citizens Advisory Committee Meeting Held March 21, 2017 at 7:00 p.m. 4