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HomeMy WebLinkAbout2009-09-15 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, September 15, 2009, 8:00 AM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director John W. Summerfield, Chair Ken Vecchiarelli, General Manager Director William R. Mills Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 2.1. ACWA Region 10 Election of Officers and Board Members for 2010-2011 Term Recommendation: That the Committee consider the ACWA Region 10 candidates for election and provide direction to staff. 2.2. ACWA Committee Appointment Nominees for 2010-2011 Term Recommendation: That the Committee recommend the Board of Directors nominate William R. Mills, Director, for appointment to the ACWA Groundwater Committee and Arthur G. Kidman, Legal Counsel for appointment to the ACWA Legal Affairs Committee. 2.3. Input for Development of the Orange County Board of Supervisors' 2010 Legislative Platform Recommendation: That the Committee consider suggestions for the Orange County Board of Supervisors'2010 legislative platform and provide direction to staff. 2.4. Reschedule Board Meetings Recommendation: That the Committee recommend the Board of Directors approve and authorize the General Manager to reschedule the Board meetings as follows: . Reschedule the Board meeting on November 26, 2009 to Wednesday, November 25, 2009 at 8:30 a.m. . Reschedule the Board meeting on December 24, 2009 to Wednesday, December 23, 2009 at 8:30 a.m. That the Committee also recommend that the Board of Directors consider rescheduling the Board meeting on October 22, 2009 at the request of Director Armstrong. 3. DISCUSSION ITEMS This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda may also include items for information only. 3.1. Report on Legislative Activities - Sacramento Advocates 3.2. Report on Grant Activities - Townsend Public Affairs 3.3. General Counsel's Monthly Summary Billing Report 3.4. Public Attendance at Board of Directors Meetings 3.5. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held October 20, 2009 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: September 15, 2009 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: ACWA Region 10 Election of Officers and Board Members for 2010-2011 Term SUMMARY: ACWA's ten regions were established to provide geographic balance and representation by its membership throughout the state. Region 10 encompasses both Orange and San Diego counties and its board members are elected to represent the issues, concerns and needs of this region. The District is entitled to cast one vote for each of the Region 10 positions (Chair, Vice Chair and five members of the Board). STAFF RECOMMENDATION: That the Committee consider the ACWA Region 10 candidates for election and provide direction to staff. DISCUSSION: The Region 10 Chair and Vice Chair will serve on ACWA's Board of Directors for the next two year term of office beginning January 1, 2010. Additionaly, the newly elected Chair and Vice Chair will make the Region 10 committee appoinment recommendations to the ACWA President for the 2010- 2011 term. Also, either the Chair or Vice Chair will hold a seat on the ACWA Finance Committee. The Region 10 ballot is attached and includes the individuals recommended by the Region 10 Nomination Committee or an option to vote for individual candidates for Chair, Vice Chair and five members of the Board. The appropriate voting delegate for our agency must complete the ballot. The Board President must then sign the ballot indicating approval of the ballot. The completed ballot will need to be returned to ACWA by September 30, 2009. PRIOR RELEVANT BOARD ACTION(S): The District has participated in previous ACWA Region 10 elections. ATTACHMENTS: ACWA Region 10 Election.pdf =;orrespondence and Ballot Backup Material Association of California Water Agencies August 7, 2009 TO: ACWA REGION 10 MEMBER AGENCY BOARD PRESIDENT FROM: TIFFANY GIAMMONA, ACWA REGIONAL AFFAIRS REPRESENTATIVE SUBJECT: REGION 10 ELECTION FOR THE 2010-2011 TERM It is time to elect the 2010-2011 ACWA Region 10 officers and board members who will represent and serve the members of Region 10. Enclosed, you will find the official ballot which includes the Region 10 Nominating Committee's recommended slate as well as individual candidates running for the Region 10 Board. Your agency is entitled to cast only one vote. Please review the enclosed ballot and have your agency's authorized representative cast its vote for the slate as recommended by the Region 10 Nominating Committee or cast its vote for a Region 10 chair, vice chair and three to five board members. Return the ballot to ACWA by SEPTEMBER 30, 2009* Attention: Katie Dahl, ACWA Region Coordinator Please e-mail to katiedgacwa.com or fax to 916-561-7124 or mail to: Association of California Water Agencies 910 K Street, Suite 100 Sacramento, CA 95814 *Ballots received after September 30 will not be accepted. REMEMBER, YOUR VOTE IS IMPORTANT. Region 10 board members are elected to represent the issues, concerns and needs of your region. The Region 10 chair and vice chair will serve on ACWA's board of directors for the next two year-term of office beginning January 1, 2010. Additionally, the newly elected chair and vice chair will make the Region 10 committee appointment recommendations to the ACWA president for the 2010-2011 term. Also, either the chair or vice chair will hold a seat on the ACWA Finance Committee. If you have questions, please contact me at tiff anyg c@ acwa.com or call me at 916- 441-4545. Thank you for your careful consideration and participation in the Region 10 election process. Enclosure: ACWA Region 10 Ballot 1,ur.i,yti.m nl taiiiorau.i 111.ita=r ,1~sn(ie•e . i I .n,~ :_i, ; i;, _ +11h,'ta I-•t'~-t g I:. I'I+ Hail os the states 4ou v (,ipitoi 5I._ % %V, Suite X57 Smjth bt-a4hnr:; i 211 4 31-4°60 www.ama.cnrro r ~ F Region 14 Board Ballot 2010-2011 TERM Association of California Region 10 Nominating Committee's Water Agencies Recommended Slate i.f`x Ie(',[)Ip arl4c,t.,c~ ❑ 1 concur with the Region 10 Nominating Committee's Information recommended slate below. Chair: Please return completed ballot Peer Swan, Irvine Ranch Water District Vice Chair: by September 30, 2009 Keith Lewinger, Fallbrook Public Utility District E-mail: katied@acwa.com Board Members: Fax: 916-551-7124 Jan Debay, Orange County Water District Mail: ACWA Saundra Jacobs, Santa Margarita Water District 910 K Street, Suite 100 Darrell W. Gentry, Vallecitos Water District Sacramento, CA 95814 Richard L. Vasquez, Vista Irrigation District General Voting Instructions: Region 10 Individual Board Candidate Nominations 1. Please complete your agency ❑ I do not concur with the Region 10 Nominating Committee's recommended slate. I will vote for individual candidates information. The authorized below as indicated. representative is determined by your agency in accordance Candidates for Chair: (Choose one) with your agency's policies and ❑ Saundra Jacobs, Santa Margarita Water District procedures. Region 10 Rules ❑ Peer Swan, Irvine Ranch Water District and Regulations "require the Candidates for Vice Chair: (Choose one) Board President's signature ❑ Darrell W. Gentry, Vallecitos Water District for approval." ❑ Keith Lewinger, Fallbrook Public Utility District 2. You may either vote for Candidates for Board Members: (Max of 5 choices) the slate recommended by ❑ Jan Debay, Orange County Water District the Region 10 Nominating ❑ Saundra Jacobs, Santa Margarita Water District Committee or vote for ❑ Darrell W. Gentry, Vallecitos Water District individual region board ❑ Peer Swan, Irvine Ranch Water District members. Please mark the ❑ Richard L. Vasquez, Vista Irrigation District appropriate box to indicate your decision. AGENCY NAME AUTHORIZED REPRESENTATIVE BOARD PRE5IDENT SIGNATURE DATE ITEM NO. 2.2 AGENDA REPORT Meeting Date: September 15, 2009 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: ACWA Committee Appointment Nominees for 2010-2011 Term SUMMARY: Committees are an integral part of ACWA's activities and policy development. The end of the current committee term is in December 2009 and ACWA has requested nominations from its membership. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors nominate William R. Mills, Director, for appointment to the ACWA Groundwater Committee and Arthur G. Kidman, Legal Counsel for appointment to the ACWA Legal Affairs Committee. DISCUSSION: ACWA has requested nominations for consideration for upcoming committee appointments for the 2010-2011 term. Attached are descriptions of each of the committee's purposes and responsibilities including the number and location of meetings held each year. Current committee members must stand again for reappointment by completing and submitting to ACWA the attached committee consideration form by September 30, 2009. Compensation for Directors is set at $150 per meeting with a limit of 10 meetings per month. Directors and staff will be reimbursed for actual costs to attend activities not to exceed: $750 for round trip travel, $400 per night for lodging, $50 per day for meals and $50 per day for actual and necessary expenses. Costs will vary according to the ACWA committee selected. PRIOR RELEVANT BOARD ACTION(S): Director Mills is currently serving on the ACWA Groundwater Committee and Mr. Kidman on the ACWA Legal Affairs Committee. ATTACHMENTS: ACWA Committee Nominations.pdf . _ 1 1 2009 Association of California Water Agencies ~u!r 1'!!!0 NIEM01tAADUM August 4, 2009 TO: MEMBER AGENCY BOARD PRESIDENT'S MEMBER AGENCY GENERAL 11IANAGER'S FROM: GLEN PETERSON, ACWA PRESIDENT SUBJECT: ACWA COMMITTEE APPOINTMENT NOMINEES FOR THE 2010-2011 TERM PLEASE RESPOND BY SEPTEMBER 301 2009 Committees are an integral part of ACWA's activities and policy development. The end of the current committee term is fast approaching and it is time again to request committee nominations from ACWA members. New officers (President/Vice President) will be elected at the fall conference, so it is time to prepare to reconstitute all committees for the 2010-2011 term. In submitting names for consideration, please do so with the understanding that committees need active, involved individuals able to expend the time and provide their expertise if appointed. Please keep in mind, that the district is responsible for all costs associated with the participation of their representative on committees. An important part in helping committees to be as effective as possible is attendance. ACWA's bylaws state, "Two consecutive, unexcused absences from an ACWA limited committee shall constitute a resignation and a replacement will be named as soon as possible." Also, those with a record of repeated, excused absences will be reviewed and considered for replacement. The following information is enclosed in this packet. • Current agency committee representation (if you receive a blank report, this indicates your agency has no committee representation) • Committee attendance records (only for limited committees) • Summary of ACWA's Committee Purposes and Responsibilities • Committee consideration form (before you begin, please make extra copies) A" m i.1ti4Jn w C .tlilorni.i 1V.Ilct ~¢n~ i 1. i 1 910 441-4 ;4.5 Mill ui ihs ,i•!•oh. Vva5hinglun, D)( ' (wI-1512 202/4:34-4760 _'(1'414-47(,1 tvww.acwa.com I Committee Appointments Page 2 • Sample committee consideration form • Committee Timeline All correspondence and forms regarding committee appointments must be in the ACWA office no later than September 30, 2009 to be eligible for consideration. Please contact Kelly Smith at (916) 441-4545 or kellys@acwa.com, if you have any questions concerning the committee appointment process. We appreciate your timely attention to this matter. Enclosures GP:ks Association of California Water Agencies Standing and Regular Committee Participation by Agency 5 nro MO ls~;~+ti*rSPtii~ s~~~;rs-<~ry fnf?~r;v4;~I~r~ri i I Mr. Arthur G. Kidman Legal Affairs Committee Member Mr. William R. Mills, Jr. Groundwater Committee Member I I I 07123/2009 10.34:42AM I ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES COMMUNICATIONS COMMITTEE - STANDING/LIMITED MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • One at the Sacramento office between conferences • One at a member agencies site between conferences i The purpose of the ACWA Communications Committee is to develop and make recommendations to the Board of Director's and association staff regarding comprehensive internal and external communications/public affairs programs. Programs are crafted to support ACWA and its members' positions on legislative, regulatory, and policy issues. The committee is responsible for developing and updating a comprehensive communications plan for ACWA. The committee promotes the development and ` implementation of sound public infonnation and education programs and practices among member agencies. It prepares materials that can be duplicated or used by member agencies for their local public information/education efforts. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. The committee also provides guidance to ACWA's Communications Department. ENERGY COMMITTEE -STANDING/UNLIMITED MEETINGS ARE HELD 2 TIMES A YEAR • One at both the Fall and Spring conferences The purpose of the Energy Committee is to work with staff in developing and making recommendations to the Board of Directors regarding: • Programs to assure an adequate power supply for member agencies, including energy, availability, pricing, distribution and hydro generation • Policy recommendations relating to the development of new power sources • Recommended positions regarding state and federal legislation to the State Legislative and Federal Affairs Committees • Assistance with the development, direction and work associated with representation before the Public Utilities Commission, the Federal Energy Regulatory Commission and other regulatory agencies dealing with energy • Educate members on all energy matters having impact on their operations a ACWA COMMITTEES • PURPOSES AND RESPONSIBILITIES PAGE 2 FEDERAL AFFAIRS COMMITTEE - ,STANDING/LIMITED MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • Two between conferences (Jan & Sept) in the Sacramento office The Federal Affairs Committee coordinates with other ACWA committees regarding their input on any issues directly related to federal issues before both Congress and the Federal administrative branches. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. The committee currently has four separate subcommittees. Committee members have the opportunity to sign-up for as many of the subcommittees as they want, plus being supplemented by other members with interest in a focused area. The subcommittees with areas of responsibility are: • Federal Pro'ects Subcommittee: Responsible for the oversight and policy direction for issues pertaining to the federal water projects in California. • Water Environment Subcommittee: Responsible for oversight and policy direction on the Clean Water Act, and agricultural drainage. • Water Supply Subcommittee: Responsible for oversight and policy direction on the Safe Drinking Water Act and Endangered Species Act. • Policy Subcommittee: Responsible for policy direction and recommendations to the ACWA Board of Directors between full Federal Affairs Committee meetings. It is comprised of the chairs of the various subcommittees. FINANCE COMMITTEE - STANDING/LIMITED MEETINGS ARE HELD APPROXIMATELY 4-5 TIMES A YEAR • One at both the Fall and Spring conferences • All other meetings are held in the Sacramento office The Finance Committee makes recommendations to the Board of Directors regarding annual budgets, investment strategies, annual audits and the selection of the auditor, the dues formula and schedules and other financial matters that may come before the committee. Each committee member will be expected to serve on at least one of the subcommittees, which are: • Audit Subcommittee • Budget Subcommittee • Investment Subcommittee • Revenue Subcommittee • Education Subcommittee ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE 3 GROUNDWATER COMMITTEE - STANDING/UNLIMITED MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • One in Northern California between conferences • One in Southern California between conferences The Groundwater Committee monitors state and federal regulations and legislation that could affect the quality or quantity of groundwater, conducts studies, develops policies regarding the management of groundwater and coordinates with other ACWA committees on issues directly related to groundwater. Committee members are expected to participate in a variety of activities including writing legislation, preparing comments for state or federal hearings on groundwater issues, developing programs for workshops and conferences, and providing input on state and federal legislation. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. INSURANCE AND PERSONNEL COMMITTEE - STANDING/LIMITED MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • One in April in the Sacramento office • One in July in Southern California The Insurance and Personnel Committee works with staff in developing, reviewing and making recommendations to the Board of Directors regarding the following: • All ACWA group insurance program offerings • Annual contract negotiations and renewal of all group employee benefit plans. • Sponsor special studies on insurance-related problems and issues • Sponsor safety programs for risk management or workers' compensation claims • Define the scope of any audit to be performed by an independent actuary, as needed • Gather, develop and publish comparative data on salary ranges, employee benefits and other personnel and administrative data pertinent to the management of member agencies LEGAL AFFAIRS COMMITTEE - STANDING/LIMITED MEETINGS ARE HELD APPROXIMATELY 2-3 TIMES A YEAR • One at both the Fall and Spring conferences • As needed in between the conferences ACWA COMMITTEES PURPOSES AND RESPONmmrrIEs PAGE 4 LEGAL AFFAIRS COMMITTEE - CONTINUED The committee's primary purpose is to support the mission of the Association, and more particularly, to deal with requests for assistance involving legal matters of significance to ACWA member agencies, water rights matters, proposed ACWA bylaw revisions, etc. The committee also works with staff to produce publications to assist water agency officials in complying with applicable state and federal laws. The committee's areas of responsibility include: • Amicus curia filings on important cases • Commenting on proposed regulations and guidelines of state agencies such as Fair Political Practices Commission regulations or opinions and CEQA implementation guidelines • Entering a suit as primary litigant • Dealing with any water rights matters of interest to member agencies • Reviewing all proposed ACWA bylaws for technical competence and consistency with the nonprofit corporation law and other bylaws LOCAL GOVERNMENT COMMITTEE - STANDING/LIMITED MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • Two in between the conferences in the Sacramento office The Local Government Committee: • Recommends policies to the State Legislative Committee and the Board of Directors on matters affecting water agencies as a segment of local government in California, such as planning issues and local government organization and finance • Plans and presents a program at each ACWA conference relating to local governance issues affecting water agencies • Gathers data and disseminates information on the value of special districts • Disseminates information promoting excellence in service delivery • As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. MEMBERSHIP COMMITTEE - REGULAR/UNLIMITED MEETINGS ARE HELD 2 TIMES A YEAR • One at both the Fall and Spring conferences The Membership Committee takes any recommendation regarding ACWA policy to the ACWA Board of Directors for approval, meets to review and make recommendations regarding membership eligibility and all membership applications; assists the staff with the development of recruitment and retention programs and reviews and makes recommendations regarding an equitable dues structure to the ACWA Finance Committee. 0 r ACWA COMMITTEES PURPOSES AND RESPONSIBILITIES PAGE S STATE LEGISLATIVE COMMITTEE - STANDING/LIMITED MEETINGS ARE HELD APPROXIMATELY 10-12 TIMES A YEAR • Every three weeks during Session in the Sacramento Office • One planning meeting at the end of the year in the Sacramento Office The State Legislative committee sets state legislative policy for the Associations. Committee members are responsible for reading relevant legislation, developing positions, working with staff to draft appropriate amendments to bills, providing input to the ACWA Board of Directors, and directing ACWA legislative staff on legislative matters. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. j WATER MANAGEMENT COMMITTEE - STANDING/LmTED MEETINGS ARE HELD 4 TIMES A YEAR • One at both the Fall and Spring conferences • Two between conferences in the Sacramento office The purpose of the Water Management Committee is to work with staff in developing and making recommendations to the Board of Directors regarding policy and programs on significant areas of concern in water management, review and recommend positions regarding legislation and regulations as requested by other committees, select recipients of the Theodore Roosevelt Environmental Awards. The committee is also responsible for the gathering and dissemination of information regarding management of agricultural and domestic water, conjunctive use, water management and conservation activities, development and use of water resources, and wastewater treatment and its reclamation and reuse. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. ACWA COMMMEES PURPOSES AND RESPONSIBILITIES PAGE 6 WATER QUALITY COMMITTEE - STANDING/UNLIMITED MEETINGS ARE HELD BY SUBCOMMITTEES Safe Drinking Water Subcommittee meets 4 times a year • One at both Fall and Spring conferences • One in Northern California between conferences • One in Southern California between conferences Clean Water Subcommittee meets 3 times a year • One at both the Fall and Spring conferences Water Quality Committee was established to recommend policy and programs to the Board of Directors, State Legislative Committee and/or Federal Affairs Committee; promote cost effective state and federal water quality regulations affecting both agricultural and domestic water agencies; and provide a means for members to work together to develop and present unified comments on water quality regulations, as well as to coordinate with other organizations. The ACWA bylaws provide authority to the committee to develop and recommend ACWA positions and testimony on water quality regulatory issues. As a member of the committee, you will be enrolled as an active participant in ACWA's Outreach Program. I COMMITTEE CONSIDERATION FORM ASSOCIATION OF CALIFORNIA WATER AGENCIES 910 K Street, Suite 100 Sacramento, California 95814-3577 (916) 441-4545 FAX(916)554-2324 This Is NOT an address change form - any *Rank addresses, phone numbers or emails i=first choice entered on this form will not be charged in 2=second choice ACWNs database. 3=third choice NAME COMMITTEE z Please print legibly x QUESTIONS? Please call Kelly Smith at ACWA (916) 4414545 RECOMMENDATION SUBMITTED BY: Agency/District Name Phone SIGNATURE Title Either the Agency/District General Manager or Board President must sign this form. COMMITTEE CONSIDERATION FORM ASSOCIATION OF CALIFORNIA WATER AGENCIES 910 K Street, Suite 100 Sacramento, California 96814-3577 (916) 441-4545 FAX (916) 554-2324 This Is NOT an address change form - any *Rank addresses, phone numbers or smalls l=first choice entered on this form will not be changed in 2=second choice ACWA's database. 3=third choice NAME CO Ml E z Please print legibly Jane Doe, General Manager Water;, agement Commi 1 Jane Doe, General Manager air" miff 2 E. John Smith, President legislative ommittee 1 T.O. Goode vations mmu ` Committee . UE NS? Please call Kelly Snuth at ACWA (916) 441-4545 RECOMMENDATION BMITTED BY: Agency/Distric ACWA Phone SIGNATURE Title Either the Agency/District General Manager or Board President must sign this form. ACWA COMMITTEE APPOINTMENT Process 1 Timeline 14 UGU T 7t' Committee Appointment Packets are sent to all Agency general managers, board presidents & Friends of ACWA contacts. The packet contains: ■ List of all agency staff, directors, associate / affiliate members currently serving on ACWA committees. ■ Committee descriptions, purposes / responsibilities. ■ Committee consideration form and sample for the 2010-2011 term. ■ 2010-2011 Committee consideration process/ timeline outline. 14' Letters are sent to all current committee members notifying them of the process for reappointment to ACWA committees. Important note: all current committee members must stand again for reappointment by completing and submitting to ACWA a committee consideration form. SEPTEMBER 30th Deadline: All committee consideration forms must be submitted to AC WA. OCTOBER Committee Considerations are compiled and organized for recommendations by the new Region Chairs. NOVEMBER 19th Deadline: The Incoming Region Chairs / Vice Chairs will make their recommendations for committee appointments. They will meet with the Outgoing and Incoming Region Chairs / Vice Chairs for training, input and continuity of the committee process. 16th - 27th Region recommendations are compiled and organized for the new ACWA President. DECEMBER 2nd Region committee recommendations are submitted to the incoming ACWA President and Vice President for their consideration. 14th Deadline: for the ACWA President to complete committee appointments. 31th ACWA sends official appointment letters to new committee members who will serve for the 2010-2011 term. JANUARY 5th ACWA sends letters to those not receiving an appointment to ACWA committees and places those individuals on a waiting list for possible future appointment as vacancies occur. ITEM NO. 2.3 AGENDA REPORT Meeting Date: September 15, 2009 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Ken Vecchiarelli, General Account No: N/A Manager Job No: N/A Presented By: Ken Vecchiarelli, General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Input for Development of the Orange County Board of Supervisors' 2010 Legislative Platform SUMMARY: The Orange County Board of Supervisors has requested input from the District regarding the development of their legislative platform for the next calendar year. STAFF RECOMMENDATION: That the Committee consider suggestions for the Orange County Board of Supervisors' 2010 legislative platform and provide direction to staff. DISCUSSION: The Orange County Board of Supervisors' legislative platform is a document that articulates the key legislative priorities and policies for the County in both Sacramento and Washington D.C. It also provides policy direction and guidance to County departments and staff. Attached is the Supervisor's legislative priorities and policy statements for 2009. Section 13 specifically addresses water resources. Suggestions for the 2010 platform will need to be provided by October 1, 2009. ATTACHMENTS: Name Description: OCBOS 2010 Legislative Platform.pdf Correspondence T PATRICIA C. BATES ~ CHAIR, ORANGE COUNTY BOARD OF SUPERVISORS V m SUPERVISOR, FIFTH DISTRICT C' 'ti~ ORANGE COUNTY HALL OF ADMINISTRATION AUG 1 9 ?l`_- ~trFOW. 333 W. SANTA ANA BLVD. 10 CIVIC CFNTFR, SANTA ANA, CALIFORNIA 92701 RHONF (714) 934-3550 FAX (714) 934-2670 htrr'-llt;os.o~c)ov ..o ,/t"i°rnl August 17, 2009 Mr. John Summerfield President Yorba Linda Water District P.O. Box 309 Yorba Linda, CA 92885-0309 Dear Mr. Summerfield.- The County of Orange recognizes the collective strength of its community partners and would like to extend an invitation for you to provide input into the development of our 2010 Legislative Platform.. Every August the County of Orange begins a process to develop our legislative platform. This document articulates the key legislative priorities and policies for the County in both Sacramento and Washington D.C. It also provides policy direction and guidance to County departments and staff. Specifically, as the County begins to solicit its own departments and staff for legislative ideas, we invite you to provide suggestions to us on our attached 2009 legislative priorities and policy statements. We hope this process opens the lines of communication between the County and our community partners. If you have a specific legislative proposal in mind, please feel free to share that too. We share much in common - a vision of a safe, strong, and vibrant Orange County - and working collaboratively is the best way to ensure a bright future. Please take some time to look over the attached legislative priorities and let us know of any suggestions by October 1, 2009. Please address your comments or questions to Bruce Matthias, Director, CEO/Legislative Affairs, at 714-834-7010, or bruce.matthias@ocgov.com. On behalf of the County of Orange, I want to extend our thanks for your time and consideration of this important matter. Sincerely, PATRICIA TES Chair of the Board Supervisor, Fifth District Enclosure cc Ken Vecchiarelli, General Manager s COUNTY OF ORANGE 2009 LEGISLATIVE PRIORITIES AND POLICY STATEMENTS The County of Orange recognizes the need to protect its interests in Sacramento and Washington, DC. To be effective in this mission, the County of Orange reviews and establishes priorities and policy statements at the beginning of each legislative year. The Legislative Priorities set forth the County's goals for the current Legislative Session and the Policy Statements provide general direction to the Legislative advocates as they advance County interests during the year. i LEGISLATIVE PRIORITIES I 1. LOCAL GOVERNMENT FUNDING In the event local revenue is jeopardized or reallocated, the State must provide alternative funding sources to local governments. For example, Orange County would be opposed to the State borrowing from local governments using Proposition 1A. 2. FISCAL EQUITY Establish an equitable, dependable and predictable revenue stream with distribution formulas for local revenues that address equity with other counties, and that any formula be based on one or more of the following factors: ■ Per capita ■ Caseload ■ Situs (dedicated taxes) ■ Realignment Equity ■ Cost of Living in High Cost Counties ■ Other Objective Measures of Need 3. COST RECOVERY Local governments shall receive full cost reimbursement for all federal and/or state mandated programs. Unfunded or under-funded mandates are a burden which local government cannot afford. 4. DETERMINE STATE FUNDING FOR COURT OPERATIONS AND FACILITIES POLICY STATEMENTS 1. Increasing taxes is an inappropriate means of balancing the State's budget. . i Page 1 I I 2. The establishment of equitable, dependable, and predictable revenue streams with distribution formulas for local revenues that address equity are necessary for the stability of services provided to local government. Proposed funding allocations to counties must be based upon common factors (population, poverty statistics, caseload, or other objective measures of need) applied evenly to counties. 3. The shifting of tax revenues from the County to the State or other local entities harms Orange County's ability to serve its residents. 4. Counties must be given the authority, flexibility, and adequate funding to administer programs and service client needs within their local jurisdictions (no unfunded mandates). As examples, in-Home Supportive Services should be fully funded by the State and Federal governments to lessen the financial burden on local governments; and funding for property tax administration should be reinstated. 5. Realignment proposals must only include programs where counties have control over costs and program operations. 6. Federal maintenance of effort requirements as well as federal penalties and sanctions must remain the responsibility of the State and not passed on to local governments. 7. Homeland security and emergency response efforts shall be coordinated among the federal, state, and local governments with clearly defined roles and responsibilities for each. 8. The State and/or federal government shall provide full cost recovery for counties and cities for all mandates. State/or federally funded programs (such as Santa Ana River Project, State Child Health Insurance program (S-CHIP), medical research, housing, law enforcement, older adults and workforce investment, etc.) require adequate and continuous funding. 9. Support collaborative solutions in addressing regional issues and completion of vital flood control, beach erosion control, and watershed projects such as the Santa Ana River Mainstem Project (including Prado Dam), Santa Ana River Interceptor Line (SARI) relocation, Upper Newport Bay Ecosystem Restoration, Aliso Creek Mainstem Project, Orange County Beach Erosion Control Project, and other projects as may be appropriate. 10. Orange County will support measures that protect the public against disease and disability and promote health. Page 2 11. Funding for alternatives to incarceration that are cost effective and do not endanger the general public shall be pursued. 12. Housing: a. Adequate housing is necessary for economic stability. Parity should be sought between the number of jobs and the availability of housing. The Regional Housing Needs Assessment (RHNA) should identify realistically the housing elements needed to achieve fair distribution of housing requirements and should provide for the transfer of housing allocations when annexation or incorporation occur. RHNA should never be used to punitively impact the funding of local government. b. Support removal or minimization of barriers to housing production, including fiscal reform for local government to address disincentives for residential development. c. Support the efforts of County water agencies to insure that an adequate water supply exists for potential development in unincorporated areas and the incorporated cities of Orange County. 13. Water Resources: a. State - promote coordinated effort between state, County and regional agencies to allow for increased local control for project implementation. b. Federal - increase programs and funding opportunities for purchasing of coastal habitat and resource conservation, preservation and maintenance. Support federal funding for beach nourishment and erosion control for all Orange County shoreline from the mouth of the San Gabriel River to San Mateo Creek. Support sharing of Federal Outer Continental Shelf (OCS) revenues with coastal states to support conservation and wildlife protection programs. c. Local, State and Federal - support state and federal grants for Clean Water Act and Porter-Cologne Act and collaborate on watershed management strategies. 14. Promote business retention (through insurance, healthcare, and workers' compensation reform) and consider incentives to attract new business. 15. Protect local decision-making and accountability for County Proposition 10 Commissions when statewide financial reporting and fiscal practices are established. 16. El Toro - The local land use decision made regarding MCAS, El Toro and its reuse should be upheld. The County of Orange is opposed to any attempt to change the land use and to the creation of a regional airport authority to place an airport at MCAS, El Toro. Page 3 17. Support policies that maximize local control over solid waste management and solid waste facilities, and minimize burdensome and duplicative regulation by the state. 18. Implementation of the reauthorized Voting Rights Act should reexamine multilingual ballot requirements to ease unfunded mandates on counties. The regulations should have specific and reasonable fluency thresholds. 19. Support a public safety system that includes local law enforcement services, crime prevention, prosecution of crime, confinement of high-risk and juvenile offenders, and supervision of adults and juveniles placed on court ordered formal probation. 20. Support measures that enhance the quality, affordability, capacity, accessibility, and safety of child care and development programs. 21. Support Completion of the 241 Tollroad, as it affects all transportation decisions as well as Air Quality Management Districts (AQMD) measurements for the County. 22. Support advocacy to persuade the State Controller's office in finalizing Proposition 1B implementation guidelines to allow flexibility for the County to share its funding allocation with cities. 23. Support changes to allow for the continued maintenance of flood control facilities within the boundaries of streambeds with existing maintenance permits that have established a maintenance baseline condition without the imposition of new environmental mitigation measures. 24. Support legislation that educates, promotes incentives, and provides information to the residents, builders, and businesses of Orange County regarding the adoption, use, and economic benefits of green technology and eco-friendly products. Page 4 ITEM NO. 2.4 AGENDA REPORT Meeting Date: September 15, 2009 Budgeted: N/A Total Budget: N/A To: Board of Directors Cost Estimate: N/A Funding Source: N/A From: Ken Vecchiarelli, General Manager Account No: N/A Job No: N/A Presented By: Ken Vecchiarelli, General Manager Dept: Administration Reviewed by Legal: N/A Prepared By: Annie Alexander, Executive CEQA Compliance: N/A Secretary Subject: Reschedule Board Meetings SUMMARY: On November 26 and December 24, the regularly scheduled Board of Directors meetings conflict with the Thanksgiving and Christmas Eve holidays respectively. Staff recommends rescheduling these Board meetings to a different date. Director Armstrong has also requested that the Board consider rescheduling the meeting on October 22, 2009 to a different date. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve and authorize the General Manager to reschedule the Board meetings as follows: . Reschedule the Board meeting on November 26, 2009 to Wednesday, November 25, 2009 at 8:30 a.m. . Reschedule the Board meeting on December 24, 2009 to Wednesday, December 23, 2009 at 8:30 a.m. That the Committee also recommend that the Board of Directors consider rescheduling the Board meeting on October 22, 2009 at the request of Director Armstrong. DISCUSSION: For the Board meeting November 26, 2009 (Thanksgiving Holiday), staff recommends rescheduling the Board meeting to Wednesday, November 25, 2009 at 8:30 a.m. For the Board meeting December 24, 2009 (Christmas Eve Holiday), staff recommends rescheduling the Board meeting to Wednesday, December 23, 2009 at 8:30 a.m. Director Armstrong has also requested that the Board consider rescheduling the meeting on October 22, 2009 as the City of Yorba Linda will be holding a special event the same morning. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors makes changes occasionally to reschedule Board and Committee meetings that conflict with holidays, conferences or special events. ITEM NO. 3.1 AGENDA REPORT Meeting Date: September 15, 2009 Subject: Report on Legislative Activities - Sacramento Advocates ATTACHMENTS: SA - Activity Report September.doc A Activity Report Backup Material Barry S. Brokaw Donne Brownsey Sacramento Advocates, Inc. Cassie Gilson A California based Public Affairs and Governmental Relations Firm Sen. Dan Boatwright (Ret.) General Counsel 1215 K Street, Suite 2030 ❑ Sacramento, CA 95814 Phone (916) 448-1222 ❑ Fax (916) 448-1121 Sen. Mike. Machado (Ret.) Consultant To: Yorba Linda Water District Board of Directors From: Barry Brokaw Re: September 2009 State Capitol Update Date: September 11, 2009 Overview The 2009 legislative session concludes on September 11, with major water reform issues under intense scrutiny and discussion among state water contractors, water retailers and wholesalers, water districts, agriculture, industrial, environmental interests, and Sacramento-San Joaquin Delta interests. Restoration of the delta, authorization of a cross-delta conveyance facility to move water to Southern California, above ground water storage, and fees and a general obligation bond proposal to pay for the infrastructure costs are the central issues swirling in the debate. As I write on the last day of the session, the issues are still unresolved, and private meetings with select stakeholders continue at the Capitol. There is great opposition developing from San Francisco Bay Area and Delta legislators over the prospect of a Peripheral Canal, and Republicans, who support a general obligation bond, have serious concerns over other aspects of the package. The Governor's office and the legislative leadership are fully engaged in this contentious discussion. Should the water package not come together, it is expected the Governor will call a Special Session during the fall to attempt to address the outstanding issues. The Governor has already called one Special Session to address state education funding through the federal stimulus funding; another is expected to commence on tax reform issues; and a third could be called on pension and other governmental program reforms. And of course, YLWD lost its primary Assembly Member through Mike Duvall's resignation from the Legislature on September 9th. A special election is expected to be called to fill the seat in November. On the fiscal front, the state Department of Finance reported at the end of August that state budget deficits will continue into the future because California still has a structural revenue shortfall. Unless they are able to generate significant new revenues, the state's economic crisis is likely to continue for some time to come. Operating Deficits in coming budget years, according to the department: 2009-10 $4.958 billion 2010-11 $7.419 billion 2011-12 $15.467 billion 2012-13 $15.097 billion These are the key legislative bills in play: AB 39 (Huffman) Sacramento-San Joaquin Delta: Delta Plan. (A-09/09/2009 html pdf) Summary: Existing law requires various state agencies to administer programs relating to water supply, water quality, and flood management in the Sacramento-San Joaquin Delta. Existing law requires the Secretary of the Natural Resources Agency to convene a committee to develop and submit to the Governor and the Legislature, on or before December 31, 2008, recommendations for implementing a specified strategic plan relating to the sustainable management of the Delta. This bill would require the Delta Stewardship Council, created pursuant to SB 12 of the 2009- 10 Regular Session, on or before January 1, 2012, to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, meeting specified requirements. This bill contains other existing laws. Status: 09/09/2009-From Conference Committee: With recommendation: That Senate amendments be concurred in and that the bill be further amended. Assembly To print. AB 49 (Feuer) Water conservation: urban and agricultural water management planning. (A-09/09/2009 html pdf) Summary: Existing law requires the Department of Water Resources to convene an independent technical panel to provide information to the department and the Legislature on new demand management measures, technologies, and approaches. "Demand management measures" means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. This bill would require the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. The state would be required to make incremental progress towards this goal by reducing per capita water use by at least 10% on or before December 31, 2015. The bill would require each urban retail water supplier to develop urban water use targets and an interim urban water use target, in accordance with specified requirements. The bill would require agricultural water suppliers to implement efficient water management practices. The bill would require the department, in consultation with other state agencies, to develop a single standardized water use reporting form. The bill, with certain exceptions, would condition eligibility for certain water management grants or loans to urban water suppliers, beginning July 1, 2016, and agricultural water suppliers, beginning July 1, 2013, on the implementation of water conservation requirements established by the bill. The bill would repeal on July 1, 2016, an existing requirement that conditions eligibility for certain water management grants or loans to an urban water supplier on the implementation of certain water demand management measures. This bill contains other related provisions and other existing laws. Status: 09/09/2009-From Conference Committee: With recommendation: That Senate amendments be concurred in and that the bill be further amended. To print. AB 900 (De Leon) Water diversion and use: reporting. (A- 08/17/2009 html pdf) Summary: Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and use. Existing law requires a statement to include specified information, including, on and after January 1, 2012, monthly records of water diversions. Under existing law, the monthly record requirement does not apply to a surface water diversion with a combined diversion capacity from a natural channel that is less than 50 cubic feet per second or to diverters using siphons in the tidal zone. Existing law subjects a person who makes a material misstatement in connection with the filing of the diversion and use statements to administratively imposed civil penalties in the amount of $500 for each violation. This bill would revise the types of water diversions for which the reporting requirement does not apply, including, among other diversions, a diversion that occurs before January 1, 2009, if certain requirements are met. The bill would delete exceptions to the monthly record requirement, and revise requirements relating to the contents of the statement of diversions and use. This bill contains other related provisions. Status: 08/27/2009-From APPR. SUSPENSE FILE: Not heard. Will be part of AB 49. SB 12 (Simitian) Resources: Sacramento-San Joaquin Delta Council. (A-09/09/2009 html pdf) Summary: Existing law generally provides that the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, may not be required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality. This bill would expand the exemption to other provisions relating to water use, including provisions that require the payment of fees to the State Water Resources Control Board (board) for official services relating to statements of water diversion and use. This bill contains other related provisions and other existing laws. Status: 09/09/2009-From Conference Committee: Be adopted. (Ayes 8. Senators Steinberg, Pavley, Padilla, and Florez, Assembly Members Bass, Huffman, Caballero, and Solorio. Noes. 0.) SB 229 (Pavley) Water: diversion and use: groundwater. (A- 09/09/2009 html pdf) Summary: Existing law generally prohibits the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, from being required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality. This bill would expand the exemption to other provisions relating to water use, including provisions that require the payment of fees to the State Water Resources Control Board (board) for official services relating to statements of water diversion and use. This bill contains other related provisions and other existing laws. Status: 09/09/2009-From Conference Committee: Be adopted. (Ayes 8. Senators Steinberg, Florez, Padilla, and Pavley, Assembly Members Bass, Solorio, Caballero, and Huffman. Noes. 0.) SB 371 (Cogdill) Safe, Clean, Reliable Drinking Water Supply Act of 2009. (I-02/25/2009 html pdf) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2009 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of $9,980,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for the submission of the bond act to the voters at the next statewide election. This bill contains other related provisions. Note: The former Senate Republican Leader, who was ousted by GOP Senators as part of the budget drama, has been the lead Senate Republican on the water bond/storage effort. He has amendments to make this a $12.3 billion bond. This is the key fight for the Republicans. Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a) (2). (Last location was N.R. & W. on 03/09/2009) ITEM NO. 3.2 AGENDA REPORT Meeting Date: September 15, 2009 Subject: Report on Grant Activities - Townsend Public Affairs ATTACHMENTS: TPA - Activity Report September.doc °A Activity Report Backup Material Tonsend PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Executive Committee From: Christopher Townsend, President Heather Dion, Senior Director Date: September 9, 2009 Subject: Activity Report State Political Highlights: Beginning in mid August a joint water committee information hearing was held to discuss a comprehensive delta water package (the policy piece of a future water bond). While the hearing lasted nearly seven hours, most of the information presented to, and discussed by, the joint committee was not new. The hearing clearly demonstrated that the Democrats and Republicans (along with the Administration) are a long way from agreeing on the proposed water legislation. However, it should be noted that all sides agreed that the status quo in the Delta was unsustainable and that actions must be taken to improve the Delta ecosystem as well as the backbone of the State's water supply system. The hearing consisted of ten separate panels who all expressed their varying views on the problems facing the Delta. A few of the panels offered solutions, but for the most part these solutions were not discussed by the committee members. The hearing was an opportunity for various interested parties to express their concerns with the Legislature and for the committee members to ask questions of the panels. While the first panel discussed each of the five specific proposals currently before the Legislature, the purpose of the hearing was not to craft specific language for the bills. It was quite obvious that various members of the committee were trying to shape the debate in specific ways; for example- • Senator Wolk is approaching the legislation from an "in-Delta" perspective. She wants the Delta ecosystem and the towns and jobs within the Delta to be protected. She wants multiple in-Delta representatives on any governing entity. In short, she wants the in-Delta interests to prevail over all others. • Senator Cogdill (and most of the Republicans) - Believe that this hearing, and larger water package, is only a drill. They feel that the legislation focuses too much on the Delta and ignores other water and water infrastructure issues facing the Delta. They feel that unless the Legislature includes a water bond in the proposed legislation that it is futile to debate water policy without debating the water funding. This is a sentiment shared by the Governor as he sent a letter to the Legislature this morning indicating he would veto any water package that did not contain a water bond. • Senator Simitian is attempting to come at this situation from a scientific approach. While he admits that he is a "Bay Area environmentally friendly Democrat" he is willing to look at solutions such as alternative conveyance should they prove beneficial for the Delta and State water supply. The Senator wants scientific proof of these solutions, and others, before he makes up his mind. All of the panels that spoke to the committee indicated that there were problems with the Delta. Overall, the hearing highlighted that the status quo of the Delta cannot be maintained any longer and dramatic changes must occur. It is obvious that not all sides agree on what changes must occur, or when, or how they will be paid for. The Legislature will continue to meet in an effort to solve some of these issues that have existed for decades. There will likely be an attempt to move legislation prior to the adjournment of session, but it is likely that the legislation will have the support from a majority of the groups that spoke at the hearing; it is more likely that the package will be crafted with political interests in mind. The joint committee is planning to hold further hearinr, perhaps two or three, on this subject before the Legislature adjourns on September 11 . Along with the focus on the policy issues related to a delta conveyance and ecosystem restoration package, the legislature also began to address the needs for a resource bond on the November 2010 ballot. Hearings have been taking place to discuss the possibilities of the state creating a General Obligation bond and a Revenue Bond to pay for both regional and statewide infrastructure funds for water. The focus of these meetings were the funding of a water bond - including delta ecosystem restoration, delta conveyance (including the certification and EIR process - the construction will largely be funded through the State Water Contractors), storage (ground and surface storage), local water management improvements (cleaning up dirty groundwater basins statewide), water recycling and new water technologies, and emergency funding to deal with the looming drought. Also, there was a lot of information provided from all the speakers about the pros and cons of revenue versus GO bonds, and the different options the Legislature would have to fund a water bond in 2010. Of particular interest was Assembly Member Caballero's comments (she is the current author of the water bond under debate) on her newly drafted water bond. It is important to note that 99 percent of the language in this new $11.7 billion bond is from old existing water bond language that has been floating around for the last year. However, the dollar amount of her newly drafted measure did increase, here are the details: - Removed language for $1 b in drought protection and made an amendment that this $1 b must be spent within two years of the bonds passage. - Added funding for delta ecosystem restoration - Added funding for delta communities mitigation through grants and loans (mainly for wastewater) - Added language for storage, but left the amount blank - Added funding for disadvantaged and distressed communities, and broadened the language to apply to small pockets of communities that meet the disadvantaged community mark at 20 percent of median incomes instead of the old 80 percent - Additional funding for local groundwater cleanup - Funding for water recycling and new water management technology Caballero remarked that while there had been a lot of discussion floating about a "water fee or tax" to fund the revenue portion of a bond, nothing had been decided and no details were available to share with the committee. She also said the total amount did account for funding for the delta conveyance certifications and EIR process. And all funding for mitigation would have to be applied to future mitigation as opposed to what is currently being worked on. The Treasurer's office also spoke and provided some detail on the state's debt service- - California has the lowest credit rating of all states - $58.8 billion in outstanding GO bonds, which is costing the general fund $4.88 billion a year - which only accounts for 5.4 percent of the entire general fund - There is $53.8 billion in authorized but non-issued bonds remaining - Of this $7.4 billion is for water and nature resources projects, but again is authorized but not issued - the remaining funding is largely for transportation and education. - $14 billion in bonds sold in 2009 to date - The state is preparing for a late September bond sale - 1 or 2 sales that should provide funds until the end of the fiscal year. They are also planning for another two bond sales between February and June 2010. Specific Activities for the Month • TPA is working with the staff to finalize the Financial Assistance Application to the State Water Resources Control board for funding. Our goal is to get this intensive application completed in October. The State Board recently notified YLWD about the funding opportunities coming up for small water agencies to be eligible to compete among themselves for funding. While YLWD is already on the Project Priority List, we must also complete the financial assistance paperwork in order to be fully eligible to compete for funding. A checklist for this application was prepared by TPA as we work with YLWD to compile all the necessary documentation for submission. A copy of that checklist is attached for your review. • TPA is also working with the District staff to submit a competitive grant application to the Department of Energy for energy conservation stimulus funds. This application is expected to be released in mid-October following the conclusion of the federal fiscal year on September 30t" • TPA is working with the District staff to prepare for the FY 2011 federal appropriations process. We are working with staff to determine if it would be advantageous to submit an energy efficiency appropriations request or a recycled water request. This work is also leading into a Water Resources Development (WRDA) call for projects that is expected any day. Staff has prepared a project summary for TPA in preparation of this call for projects. • Lastly, TPA is working with the District staff on the upcoming IRWMP call for projects that is expected to occur in late fall. This call for projects will come through SAWPA. Clean Water Application Checklist for Financial Assistance Application Requirements Project Description -attachment 1 1. Capital Costs and Funding Summary Schedule: a. Facilities Construction b. Facilities Planning c. Facilities Design d. Administration and Legal e. Land and Right-of-way f. Prime Engineering g. Contingencies h. Relocation Payments i. Engineering Services during Construction j. Other Costs (explain) k. Total Capital Costs 1. Additional Cash Flow Needs m. Total Funding Requirements 2. Sources of Funds for Capital Costa and Estimated Disbursement Projections (attachment 2A): a. State Funds Requested b. Grant Requested c. Cash Reserves Now on Deposit d. Bonds e. Tax Levies f. Non-cash g. Short Term Loan or Notes h. Other State Financing or Grants i. Other Federal Grants or Loans j. Other k. Tota 1 3. Submission of legal authority opinion to enter into a financing agreement with the SWRCB and the ability to handle a Prop 218 balloting (if needed for the project) - attachment 3 4. Resolution of support of Governing Body -attachment 4A 5. Water Rights - has a water rights application been filed with the Division of Water Rights? If no, attach documentation of proof - attachment 4b 6. Project report or Facilities Planning Document - attachment 5 7. Environmental Review-attachment 6 8. Credit Review package (I'll bring a copy of this with me) - attachment 7 9. Project schedule - attachment 8 10. Regional Board Requirements (submit adopted or tentative waste discharge requirement, water reclamation requirements and/or NPDES permit) - attachment 9 11. Real Property Acquisitions - attachment 10A 12. Agreement with other parties - Attachment I OB 13. Tax Questionnaire (I'll bring this with me) - Attachment I OC 14. Water Conservation Plan (specific water conservation requirement must be achieved, i.e. AB 1420, proof of signed MOU with CUWCC or Copy of the developed water conservation program) - attachment 1 1 15. Authority on property access to construct project (legal description of the site on which the project is to be constructed and an opinion signed by competent title counsel describing the interest the applicat has in the site. 16. Urban Water Management Plan (UWMP) - Label as Attachment 13 ITEM NO. 3.3 AGENDA REPORT Meeting Date: September 15, 2009 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: MKB - Billing Summary August.pdf 'JKB Billing Summary Backup Material MKB - Charge Summary August.xls MKB Charge Summary Backup Material YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH. Au ust Matter Matter Date Task Order Name Number Opened Amount CURRENT FISCAL YEAR 2009 -2010 Current Billing Total Billed to Date Total Billed 2008 -2009 Au ust 26, 2009 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 NIA $2,624.59 $4,689.19 $16,113.90 PROPERTY TAX ALLOCATION 030 $0.00 $1,404.54 $2,085.00 OCWD ANNEXATION 040 1/13/1994 NIA $0.00 $0.00 $7,185.00 RICHFIELD SITE IMPROVEMENTS 042 $0.00 $0.00 $545.00 SHELL 051 $0.00 $0.00 $1,304.71 HIDDEN HILLS RESERVOIR 068 8/25/2003 $8,877.00 $26,652.50 $120,193.53 S &S DEVELOPMENT AGREEMENTS 071 $0.00 $0.00 $6,140.00 RWQCB 073 12/18/2002 $0.00 $0.00 $636.21 LAKEVIEW RESERVOIR 081 3/2/2005 $20,000.00 $0,00 $0.00 $1,924.00 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $0.00 $4,819.00 $43,493.12 CELL TOWER 085 7/28/2006 $15,000.00 $0.00 $0.00 $1,012.50 WATER RATESNVATER CONSERVATION 087 7/31/2006 $10,000.00 $547.50 $3,267.00 $76,130.12 BOO PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $0.00 $12,522.50 GRANDVIEW SEWER 091 5/30/2007 $10,000.00 $0.00 $545.50 $1,202.50 TOTAL $12,049.09 $41,377.73 $290,488.09 McCormick, Kidman & Behrens Charges Month of Aug-09 Expensed 11,504.50 Job charges 2,544.59 14,049.09 YTD through Aug-09 Expensed 39,098.14 Job charges 6,779.59 45,877.73