HomeMy WebLinkAbout2017-02-13 - Board of Directors Meeting Minutes (B) 2017-025
MINUTES OF THE
YORBA LINDA WATER DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Monday, February 13, 2017, 6:30 p.m.
1717 E Miraloma Ave, Placentia CA 92870
1. CALL TO ORDER
President Miller called the meeting to order at 6:33 p.m.
The following items were taken out of order.
3. ROLL CALL
DIRECTORS PRESENT STAFF PRESENT
J. Wayne Miller, President Marc Marcantonio, General Manager
Al Nederhood, Vice President Steve Conklin, Engineering Manager
Andrew J. Hall, Director John DeCriscio, Operations Manager
Phil Hawkins, Director Gina Knight, HR/Risk and Safety Manager
Brooke Jones, Director Delia Lugo, Finance Manager
Art Vega, Information Technology Manager
Annie Alexander, Executive Assistant
Malissa Muttaraid, Public Affairs Representative
ALSO PRESENT
Andrew Gagen, Partner, Kidman Law LLP
Brett Barbre, Director, MWDSC and MWDOC
Beth Haney, Councilmember, City of Yorba Linda
Robert Porr, Senior Vice President, Fieldman Rolapp & Associates
Cyrus Torabi, Attorney, Stradling Yocca Carlson & Rauth
2. PLEDGE OF ALLEGIANCE
President Miller led the pledge.
4. ADDITIONS/DELETIONS TO THE AGENDA
None.
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5. INTRODUCTIONS AND PRESENTATIONS
5.1. Elected Official Liaison Reports
Director Brett Barbre reported on the Governor's extension of the
emergency drought declaration, Metropolitan's water storage efforts,
current snow pack, and water supply conditions. He also presented a
diagram of the Oroville Dam and reported on its current condition in light
of recent flooding. He then responded to related questions from the Board
and members of the public.
Councilmember Beth Haney reported on the City's landscape transition
plan for the Landscape Maintenance Assessment District and the
community's response to a recent survey.
6. PUBLIC COMMENTS
Dr. Jeff Decker, resident, distributed a handout regarding the District's financials
and commented on historical revenue and expenses.
7. CONSENT CALENDAR
Director Hawkins made a motion, seconded by Director Hall, to approve the
Consent Calendar. Motion carried 5-0.
7.1. Minutes of the Board of Directors Regular Meeting held December 8, 2016
Recommendation: That the Board of Directors approve the minutes as
presented.
7.2. Payments of Bills, Refunds, and Wire Transfers
Recommendation: That the Board of Directors ratify and authorize
disbursements in the amount of$3,557,007.91.
8. ACTION CALENDAR
8.1. Authorizing the Issuance of Revenue Refunding Bonds, Series 2017A
Mrs. Delia Lugo explained that the Board had previously requested to
explore other financing options and that Mr. Robert Porr and Mr. Cyrus
Torabi were in attendance to present this information.
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Mr. Porr provided an update of municipal market conditions and reviewed
various refunding structures for the District's 2008 Certificates of
Participation (COP) including revenue and lease revenue bonds, interim
debt, variable rate demand obligations, and cash reserves. He also
provided an overview of three different refunding structures and
associated net present value savings, rating agency concerns, sensitivity
analysis of delaying the transaction until July, and financing timing options.
Mr. Porr and staff then responded to questions from the Board regarding
increasing the bond issuance amount to fund future capital improvement
projects rather than utilizing reserves. Mr. Torabi stated that should the
Board determine to add a new financing component, the resolution and
associated bond documents would need to be modified and presented to
the Board at a future meeting.
Dr. Jeff Decker, resident, commented on the District's water rates,
financials and reserves, and providing a customers with a refund.
Mr. Ben Parker, resident, commented on his personal work experience
with rating agencies, interest rates associated with short-term versus long-
term debt, and various financing options.
Mr. Greg Schultz, resident, commented on external factors that could
impact the District's financial stability and his concerns with refunding
administrative penalty revenue.
Mrs. Julia Schultz, resident, commented on the District's water rates.
Mrs. Cristy Parker, resident, commented on and suggested edits to
various sections of the Preliminary Official Statement (POS).
Mrs. Susan Decker, resident, commented on information contained in the
handout previously distributed by Dr. Decker.
Mr. Tom Lynch, resident, commented on the timing of the bond refunding
in relation to adoption of the FY 2017/18 budget and Proposition 218
requirements.
The Board further discussed the bond refunding structures and alternate
financing options.
Mr. Torabi indicated that the bond documents being presented were
considered to be in "substantial form" and that any blanks would be
completed at the time of pricing. He also noted that the Board would have
an opportunity to review the final draft of the Official Statement and that if
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the District's savings did not meet the thresholds identified in the
resolution, the General Manager would not be authorized to execute the
Purchase Contract.
Mr. Porr explained the relationship between bond pricing and yields.
The Board then discussed short and long term financing options, the bond
refunding structures presented during the meeting, and the possibility of
refunding the 2008 COP's and issuing additional bonds for the purpose of
financing future capital improvement projects.
Mr. Torabi explained that if the Board desired to restructure the refunding
opportunity, separate documents would need to be drawn up for the
additional bonds or the existing bond documents would need to be revised
and brought back at a future meeting.
Mrs. Lugo read staff's recommendation regarding this matter.
In response to a question from Mrs. Parker (resident), Mr. Torabi
explained that should the Board approve execution of the bond documents
as presented in substantial form, this action would not preclude making
minor edits such as those discussed during the meeting. The final draft of
the Official Statement could be provided to the Board for review prior to
going to market.
Mr. Porr noted that material changes to the pro forma in the POS would
need to be brought back to the Board for formal approval.
Director Hawkins made a motion to adopt Resolution No. 17-02,
authorizing the issuance of not to exceed $28,000,000 Refunding
Revenue Bonds, Series 2017A, approving the execution of certain
documents (pending edits to be completed by bond counsel) in connection
therewith and certain other matters, and rescinding Resolution No. 16-17.
Mrs. Lugo commented on disclosure requirements in relation to reserves
and rates.
Dr. Decker commented on rate increases, potential litigation, refunds for
customers, and the POS.
Directors Nederhood and Miller commented on the previous rate study,
Proposition 218 hearing, and the POS.
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President Miller repeated Director Hawkins' motion to accept staff's
recommendation, including the edits to the POS as discussed during the
meeting, and suggested a dollar amount for the bond issuance. Director
Hall stated that a dollar amount need not be specified and could be
determined later after which he seconded the motion.
Motion carried 5-0 on a Roll Call vote.
8.2. Revised Budgeted Positions for the Remainder of FY 2016/2017
Mrs. Gina Knight provided a historical overview of the previous Assistant
General Manager (AGM) position and the legal requirements for pay
schedules. She explained that staff was recommending the Board
consider adding the AGM position to the District's budgeted positions for
the purposes of succession planning. The vacant Communications
Manager position could remain unfilled to help fund the AGM position
through FY 2017/18. Mrs. Knight then described the duties to be assigned
to the AGM and the estimated fiscal impact.
Dr. Decker (resident) commented on comparative salaries for the public
information officers and spoke against taking the proposed action at this
time.
Ms. Claudia Lynch, resident, commented on the recent election, proposed
salary for the AGM, and reducing the District's expenses.
The Board discussed the positions of AGM and Communications
Manager. President Miller suggested that consideration of this matter be
deferred to a future meeting.
Mrs. Parker (resident) commented on expenses incurred for filling the
position of Communications Manager. President Miller stated that the
Board had asked Mr. Marcantonio to defer further recruitment efforts for
this position at this time.
Director Hall asked for clarification as to what discussion and/or action
was being deferred. President Miller indicated that discussion and
potential action related to both positions, AGM and Communications
Manager, would be deferred in order to allow time for review of the
organizational performance study conducted by Koff & Associates.
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8.3. Ballot for Proposed Increased Assessment Affecting District Properties
Located in Local Landscaping Zone L-2N of the City of Yorba Linda Street
Lighting and Landscaping Maintenance District (LMAD)
Mr. Marcantonio explained that the District had recently received a ballot
for a proposed increased assessment affecting one parcel located in Zone
L-2N of the LMAD. The proposed annual assessment amount is $235.64.
Vice President Nederhood commented on the benefits of Director
attendance at City Council meetings.
Director Nederhood made a motion, seconded by Director Hawkins, to
vote in favor of the increased assessment for the parcel and authorize the
General Manager to complete and submit the ballot as required. Motion
carried 5-0.
9. DISCUSSION ITEMS
9.1. Status of Recruitment Process for Ad Hoc Citizens Advisory Committee (AHCAC)
Mrs. Malissa Muttaraid reported she had received 16 applications for
service on the AHCAC committee. She then provided an overview of the
previous interview process and requested feedback from the Board in
regards to the current recruitment. The Board discussed scheduling a
special Board meeting in order to create an ad hoc committee to assist
with the candidate selection process for the AHCAC.
Ms. Lynch (resident) spoke against creation of an ad hoc committee as
mentioned above and the importance of transparency.
Mrs. Lugo reported on staff's efforts to obtain proposals for meeting
facilitation services for the AHCAC. Vice President Nederhood suggested
that staff obtain 2-3 proposals for the Board's consideration.
Staff will work with the Board to schedule a special meeting for the
purposes of determining the application review and candidate selection
processes.
9.2. Rescheduling Regular Board Meeting on Wednesday, March 1, 2017 and
Confirming Availability for Board Workshop Meeting on Thursday, March
16, 2017
The Board determined not to reschedule the Board meeting on March 1,
2017 and reschedule the Board workshop meeting to Tuesday, March 21,
2017 at 4:00 p.m.
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10. REPORTS, INFORMATION ITEMS, AND COMMENTS
10.1. Directors' Reports
The Directors reported on their attendance at the following events:
■ OCWD Field Headquarters Tour — January 26, 2017 (Nederhood/Jones)
■ OCWD GWRS Tour— February 1, 2017 (Nederhood/Jones)
■ MWDSC Local Infrastructure Tour — February 3, 2017 (Hall/Miller)
10.2. General Manager's Report
Mr. Marcantonio asked each of the managers (or their designee) to report
on activities within their respective departments. He then commented on
the recent extension of the Governor's emergency drought declaration, his
attendance at various events, and the importance of flushing sediment
from the water distribution system.
10.3. General Counsel's Report
None.
10.4. Future Agenda Items and Staff Tasks
None.
11. COMMITTEE REPORTS
11.1. Interagency Committee with MWDOC and OCWD
(Miller/Nederhood)
■ Next meeting is scheduled March 23, 2017 at 4:00 p.m.
11.2. Joint Agency Committee with City of Yorba Linda
(Miller/Hawkins)
■ Next meeting is scheduled March 13, 2017 at 4:00 p.m. at YL City
Hall.
11.3. Interagency Committee with City of Placentia and Golden State Water Company
(Miller/Nederhood)
■ Next meeting is yet to be scheduled.
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12. INTERGOVERNMENTAL MEETINGS
The Directors reported on their attendance at the following meetings.
12.1 OCSD Board — January 25, 2017 (Jones)
12.2 ISDOC — January 26, 2017 (Miller/Jones)
12.3. MWDOC Board — February 1, 2017 (Nederhood)
12.4. OCSD Operations Committee — February 1, 2017 (Hawkins)
12.5. OCWD Board — February 1, 2017 (Jones)
12.6. WACO — February 3, 2017 (Hawkins/Jones/Nederhood)
12.7. YL City Council — February 7, 2017 (Hall)
12.8. LAFCO — February 8, 2017 (Nederhood —As Needed)
13. BOARD OF DIRECTORS ACTIVITY CALENDAR
13.1. Meetings from February 14, 2017 —April 30, 2017
The Board reviewed the activity calendar and made no changes.
14. CONFERENCES, SEMINARS, AND SPECIAL EVENTS
14.1. MWDOC Water Policy Forum — March 30, 2017
Director Hawkins made a motion, seconded by Director Hall, to approve
Director attendance at this event if desired. Motion carried 5-0.
15. ADJOURNMENT
15.1. The meeting was adjourned at 10:13 p.m.
Annie Alexander
Assistant Board Secretary
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