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HomeMy WebLinkAbout2009-11-17 - Executive-Administrative-Organizational Committee Meeting Agenda Packet 'rb Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, November 17, 2009, 4:00 PM 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. Reorganization of the Board of Directors for Calendar Year 2010 Recommendation: That the Executive-Administrative-Organizational Committee recommend the Board of Directors nominate and elect a President and Vice President and appoint the following as Corporate Officers: Ken Vecchiarelli as Secretary Pat Grady as Assistant Secretary Cindy Navaroli as Interim Auditor Staff will recommend an individual to serve as the permanent Auditor once the position of Finance Director has been filled. 2.2. Board of Directors Committee Assignments Recommendation: That the Executive-Administrative-Organizational Committee review the current committee structure and provide a recommendation to the Board of Directors. 2.3. Review and Consideration of the Board of Directors Compensation Recommendation: That the Executive-Administrative-Organizational Committee provide a recommendation to the Board of Directors. 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. OCWD Annexation 3.2. Report on Grant Activities - Townsend Public Affairs 3.3. Report on Legislative Activities - Sacramento Advocates 3.4. General Counsel's Monthly Summary Billing Report 3.5. Directors' and General Manager's Fees and Expenses (Jul-Sep) 3.6. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held December 15, 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: November 17, 2009 Budgeted: N/A Total Budget: N/A To: Executive-Administrative- Cost Estimate: N/A Organizational Committee Funding Source: N/A From: Pat Grady, Assistant 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: Reorganization of the Board of Directors for Calendar Year 2010 SUMMARY: Pursuant to the Board of Directors' Rules for Organization and Procedure (Resolution No. 07-16), a President and Vice President of the Board shall be elected annually at the first regular meeting of the Board in December of every year. In addition to the selection of the President and Vice President, the Board is required to appoint the Municipal Corporation Officers of Secretary, Assistant Secretary and Auditor. STAFF RECOMMENDATION: That the Executive-Administrative-Organizational Committee recommend the Board of Directors nominate and elect a President and Vice President and appoint the following as Corporate Officers: Ken Vecchiarelli as Secretary Pat Grady as Assistant Secretary Cindy Navaroli as Interim Auditor Staff will recommend an individual to serve as the permanent Auditor once the position of Finance Director has been filled. DISCUSSION: The powers and duties of the President are described in Section 30578 of the California Water Code and the Board of Directors' Rules for Organization and Procedure. The President's duties prescribed by state law are: . Sign all contracts on behalf of the District. . Perform other duties imposed by the Board. The President's duties prescribed by the Rules for Organization and Procedure are: . Assume the chair of the Presiding Officer immediately after election. . Make Committee assignments, subject to consent of the Board, annually at the first Board of Directors to be held in January of the subsequent year. . Conduct the proceedings of the Board. . Sign all ordinances, resolutions and contract documents approved and adopted by the Board. The Vice President will serve as the Presiding Officer in the absence of the President. In addition to the selection of the President and Vice President, the Board is required to appoint the Municipal Corporation Officers of Secretary, Assistant Secretary and Auditor. The duties of these Officers are prescribed by the Rules for Organization and Procedure. The Secretary, or Assistant Secretary in the absence of the Secretary, attests all ordinances and resolutions approved and adopted by the Board, countersigns all contract documents approved and adopted by the Board, prepares the minutes of each meeting held by the Board, and performs all duties prescribed by Section 30000 et seq. of the California Water Code, the Rules for Organization and Procedure, and as imposed by the Board. The Auditor also performs all duties prescribed by Section 30000 et seq. of the California Water Code, the Rules for Organization and Procedure, and as imposed by the Board. A member of the Board can not serve as the General Manager, Secretary, Assistant Secretary or Auditor. However, the same person can be appointed as General Manager and Secretary or Secretary and Auditor. The General Manager can not serve as the Auditor. There is no additional compensation for serving as Secretary, Assistant Secretary or Auditor if the individual is an employee of the District. The Board is allowed to set compensation for appointed individuals who are not employees of the District. PRIOR RELEVANT BOARD ACTION(S): On December 11, 2008, the Board of Directors elected Director Summerfield as President and Director Mills as Vice President of the Board of Directors. In addition, the Board appointed the following as Corporate Officers: Ken Vecchiarelli as Secretary Pat Grady as Assistant Secretary Diane Cyganik as Auditor ATTACHMENTS: m-escription. I Ype. Pres and VP Rotation.doc potation Info Backup Material YLWD President/Vice President Rotation Calendar Year 2004 2005 2006 2007 2008 2009 2010 President Mills Beverage Armstrong Collett Summerfield Summerfield Mills* Vice President Beverage Armstrong Collett Summerfield Mills Mills Beverage* * Assumes that the Board will continue the tradition of rotating the Presidency. ITEM NO. 2.2 AGENDA REPORT Meeting Date: November 17, 2009 Budgeted: N/A To: Executive-Administrative- Organizational Committee Funding Source: N/A From: Pat Grady, Assistant General Manager 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: Board of Directors Committee Assignments SUMMARY: Immediately following the election of the President of the Board of Directors, the newly elected President assigns the members of the Board of Directors to the various standing committees. STAFF RECOMMENDATION: That the Executive-Administrative-Organizational Committee review the current committee structure and provide a recommendation to the Board of Directors. DISCUSSION: Pursuant to the Board of Directors' Rules for Organization and Procedure (Resolution No. 07-16), the Board has five standing committees. Two Directors and an alternate are assigned to each standing committee and each Director is assigned to two standing committees. Special or ad hoc committees are formed by the Board as needed. Board members also attend intergovernmental and other meetings as assigned. Attached is a description of each standing and ad hoc committee and related assignments. Also included is a list of intergovernmental meeting assignments. Please note that the total budgeted and estimated cost amounts as listed above include Board, committee and intergovernmental meeting attendance. PRIOR RELEVANT BOARD ACTION(S): The newly elected President assigns each Board member to various committee assignments for the upcoming year. The committee assignments made in 2008 remained the same for 2009. ATTACHMENTS: Committee Assignments.doc YLWD Standing Committee Assignments Executive-Admin-Organizational Meets Monthly on 3rd Tuesday at 4:00 p.m. Director Summerfield, Chair Studies, advises and makes Director Mills recommendations to the Board regarding Director Collett, Alternate policy, organization, legislative and legal issues. Finance-Accounting Meets Monthly on 2nd Monday at 4:00 p.m. Director Beverage, Chair Studies, advises and makes Director Summerfield recommendations to the Board regarding Director Mills, Alternate budgets, investments, rates, fees and charges, financial reports, auditors and appropriations. Personnel-Risk Management Meets Monthly on 2nd Tuesday at 4:00 p.m. Director Armstrong, Chair Studies, advises and makes Director Collett recommendations to the Board regarding Director Summerfield, Alternate personnel, employee and labor relations, and insurance procurement. Planning-Engineering-Operations Meets Monthly on 1St Thursday at 4:00 p.m. Director Mills, Chair Studies, advises and makes Director Armstrong recommendations to the Board regarding five Director Beverage, Alternate year plans, construction activities, customer service, operations and maintenance, building, equipment, property and fire defenses. Public Information-Technology Meets Monthly on 1St Tuesday at 4:00 p.m. Director Collett, Chair Studies, advises and makes Director Beverage recommendations to the Board regarding Director Armstrong, Alternate public information activities, community involvement and promotion of water conservation measures. YLWD Ad Hoc Committee Assignments City of Placentia Meets As Needed Director Beverage Studies, advises and makes recommendations to the Board regarding City of Placentia policy issues. City of Yorba Linda Temporarily Discontinued None Studies, advises and makes recommendations to the Board regarding City of Yorba Linda policy issues. MWDOC/OCWD Meets Bi-Monthly on 4t" Tuesday at 4:00 p.m. Director Mills Studies, advises and makes recommendations Director Collett to the Board regarding MWDOC and OCWD Director Summerfield, Alternate policy issues. Revenues and Rates Meets As Needed Director Collett Studies, advises and makes recommendations Director Mills to the Board regarding rates, fees and charges. YLWD Intergovernmental Meeting Assignments MWD None MWDOC None OCWD None Placentia City Council None Placentia Planning Commission None Yorba Linda City Council Director Mills / Director Armstrong Yorba Linda Planning Commission Director Collett / Director Summerfield ACWA/JPIA Director Mills / Director Armstrong ACWA Region 10 None ISDOC Director Mills LAFCO Director Beverage WACO Director Mills ITEM NO. 2.3 AGENDA REPORT Meeting Date: November 17, 2009 Budgeted: No Total Budget: $61,740 To: Executive-Administrative- Cost Estimate: $68,024 Organizational Committee Funding Source: Water Operating Fund From: Pat Grady, Assistant General Account No: 1-1010-0440-00 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: Review and Consideration of the Board of Directors Compensation SUMMARY: Each year the Board of Directors review their compensation for attending the various meetings for the upcoming year. STAFF RECOMMENDATION: That the Executive-Administrative-Organizational Committee provide a recommendation to the Board of Directors. DISCUSSION: Pursuant to Section 20202 of the California Water Code, the Board of Directors can adjust the amount of compensation they receive by a maximum of 5% for each calendar year following the operative date of the last adjustment. As per Ordinance No. 03-01 , the Directors current compensation rate is set at $150.00 per day for each day's service rendered as a member of the Board up to a maximum of ten days per month. Ordinance No. 03-01 does not include a provision for an automatic annual increase and any adjustment in the Directors compensation will require a public hearing and adoption of a new ordinance. The Board could adjust their compensation rate up to a maximum of $211 .07 per meeting March 23, 2010. The approved budget for Directors' salaries for FY 2009-2010 is $61 ,740. This amount was calculated using the compensation policy set forth in Ordinance No. 03-01 and applied to an estimated number of Board, committee and intergovernmental meetings each Director attends. PRIOR RELEVANT BOARD ACTION(S): In January 2003, the Board of Directors adopted Ordinance No. 03-01 which set the Board of Directors compensation at $150.00 per day for each day's service rendered as a member of the Board of Directors up to a maximum of 10 days per month. On December 11, 2008, the Board of Directors voted to leave the compensation rate at its current level with no increase. ITEM NO. 3.2 AGENDA REPORT Meeting Date: November 17, 2009 Subject: Report on Grant Activities - Townsend Public Affairs ATTACHMENTS: TPA - Activity Report Nov.doc "~ov Activity Report Report(s) Final _Water _Bond _Matrix.pdf Vater Bond Info Backup Material Tonsend PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Executive Committee From: Christopher Townsend, President Heather Dion, Senior Director Date: November 11, 2009 Subject: Activity Report State Political Highlights: On Wednesday November 4t" in the very early morning, the Senate finalized the Assembly's amendments of S13x7-2 (Cogdill) which is the water resources bond to be placed on the ballot for voter's consideration in November 2010. This marked the conclusion of the Legislature's two week deliberation of not only the details of the water resource bond, but also the policy parameters that were so closely tied to the funding mechanism. The bond totals approximately $11.14 billion. A comprehensive breakdown of the bond is attached as a matrix to this report. Along with the resource bond, four individual pieces of legislation were also approved by the Legislature: - SBx7-1 (Simitian/Steinberg) Delta Plan/Goverance - S13x7-6 (Steinberg/Pavely) Groundwater Monitoring - SBx7-7 (Steinberg/Feuer/Huffman) Water Use Efficiency - S13x7-8 (Steinberg) Water Quality/Diversions Of significance for the Yorba Linda Water District (YLWD) is the $1 billion in funding under Chapter 11, water recycling program. This section of funding can be used for the following categories of projects: - Water recycling - Contaminant & salt removal projects, including groundwater and seawater desalination - Dedicated distribution infrastructure for recycled water including end-user retrofit projects to allow use of recycled water - Pilot projects for new salt and contaminant removal technology - Groundwater recharge infrastructure related to recycled water - Technical assistance and grant writing for disadvantaged communities There is a 50 percent match component to all eligible project categories within this section of the bond, although the match can be waived for disadvantaged communities. In addition the water recycling account, Chapter 6 "Water Supply Reliability" also replenished the Integrated Regional Water Management Program. The Santa Ana Region, which now includes all of Orange County, was funded at $128 million. The primary change in this section of the bond for Orange County's purposes in that South Orange County is no longer a part of the San Diego Region for funding purposes. South Orange County, along with the per capita share of funding allocated to the sub-region, was pulled into the Santa Ana Region for consistency purposes. One benefit of this change is that the County is united from an IRWMP funding standpoint and technically could seek to become an independent sub-region of the Santa Ana region and seek funding through the IRWM program as one united County. Specific Activities for the Month: • TPA worked to ensure that the Water Recycling Fund would not take a reduction in the final days of the water bond deliberations. Our goal was to work with stakeholders across the state to increase the funding from the original $250 million to $500 million and then $1 billion. TPA was successful in our efforts as a coalition of agencies and membership organizations statewide lobbied for this effort. • TPA worked to garner votes for the bond from the Orange County delegation by demonstrating the benefits of Orange County water projects to each individual office. Our efforts again were successful with only two members of the Orange County Delegation voting in opposition to the water bond. • TPA provided on-going updates and analysis of the water bond and legislative policy bills as they were deliberated during the final two weeks of the special session. • 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. One other option is to submit for both projects as individual requests. T PUBLIC AFFAIRS. INC. Final Water Bond Language SBx7 -2 (Cogdill) Total Bond Amount: $11.14 Billion Chapter 5 — Total funding: $455 million Breakdown of funding: Eligible project Drought Relief categories include: $190 million for planning, design & water conservation and construction of regional drought relief efficiency projects, water projects that reduce the impacts of drought recycling and related conditions ('please see the eligible project infrastructure, categories list to the right) of which $100 groundwater cleanup, million for local and regional water projects, local and regional including surface storage projects that conveyance projects, provide emergency water supplies and water local & regional surface supply reliability in drought conditions in San water storage projects Diego County; that provide emergency water supplies & water $90 million for disadvantaged communities supply reliability. & economically distressed areas 'Projects must be experiencing economic impacts from drought operational within 2 -years relief; of receiving funding; preference given to $75 million to the State Water Resources applicants that can Control Board for grants for small community demonstrate substantial wastewater treatment projects.' must be a past & current community of 20,000 or less; investments in conservation and local $80 million to the Safe Drinking Water State water projects; not more Revolving Loan Fund, of which is allocated to than 10 percent of the $8 million to the City of Maywood for water $190 million can be used supply infrastructure for planning, studies and monitoring; a 50 percent $20 million for water quality and public non -state match is health benefits for the New River. required, but can be waived or reduced for disadvantaged communities. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 "Townsed P[16LIC AFFAIRS. INC. Chapter 6- Total Funding: $1.05 billion Breakdown of Funding: Eligible Projects include Water Supply $690 million for the Integrated Regional for IRWMP: investment in Reliability Water Management Program (IRWMP), new water technology broken down as follows: development and 1) North coast: $45 million deployment; meeting 2) San Francisco Bay: $132 million state water recycling and 3) Central Coast: $58 million water conservation goals; 4) Los Angeles subregion: $198 million adopting to climate 5) Santa Ana subregion: $128 million change impacts; reducing 'includes South Orange County contributions to climate 6) San Diego subregion: $87 million change; other projects to 7) Sacramento River: $76 million improve statewide water 8) San Joaquin River: $64 million management systems; 9) Tulare /Kern: $70 million 10) North /South Lahontan: $51 million for regional conveyance 11) Colorado Basin: $47 million and water management: 12) Mountain Counties Overlay: $44 improvements in regional million or interregional water 13) Interregional: $50 million supply and water supply '50 percent cost share is required, but can reliability; mitigation of be waived or reduced for disadvantaged conditions of groundwater communities; UWMP is also required under overdraft, saline water Chapter 6; DWR may recognize multiple intrusion, water quality IRWM plans within each of the areas of degradation; adapation to allocated funding; not less than 10 percent of the impacts of hydrologic funds will be provided to disadvantaged changes; providing safe communities; drinking water for disadvantaged $10 million for University of California, communities & Sierra Nevada Research Institute for economically distressed research; areas. $350 million for grants for planning, design and construction of local and regional conveyance projects that support regional and interregional connectivity and water management — projects shall be consistent SBx7 -2 (Cogdill Summary — Final) November 4, 2009 T PUBLIC AFFAIRS. INC. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 with an adopted IRWM plan. Chapter 7- Total Funding: $2.25 billion Breakdown of Funding: Eligible Delta Counties Delta Sustainability $750 million for projects, including grants to and Cities projects Delta Counties and cities within the Delta include: preserving that provide public benefits and support Delta urban & agricultural water sustainability of which $50 million for use does not result in matching grants for improvements to catastrophic Delta failure; wastewater treatment facilities upstream of preserving economically the Delta and $250 million to provide viable & sustainable assistance to local governments and local agricultural & other agricultural economic due to loss of economic interests in the productive agricultural lands for habitat and Delta; improve the quality ecosystem restoration within the Delta; of drinking water derived from the Delta; improve $1.5 billion for projects to protect and levee & flood control enhance the sustainability of the Delta facilities; provide physical ecosystem improvements to create water flow and water quality conditions within the Delta to provide adequate habitat for native fish and wildlife; mitigate the impacts of water conveyance and ecosystem restoration. Chapter 8- Total Funding: $3 billion Breakdown of Funding: Eligible Projects Statewide Water $3 billion for water storage projects that include: surface storage System improve the operation of the state water projects identified in the Operational system' funds are to be continuously CALFED Bay -Delta Improvements appropriated and are not subject to Program Record of appropriation or transfer by the Legislature or Decision dated Aug. 28, the Governor; * all funds expended are under 2000; groundwater the authority of the "commission ", - *no project storage projects and may be funded unless it provides ecosystem groundwater improvements of at least 50 percent of total contamination prevention public benefits of the project funded; or remediation projects SBx7 -2 (Cogdill Summary — Final) November 4, 2009 "Townsed P[16LIC AFFAIRS. INC. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 that provide water storage benefits; conjunctive use and reservoir reoperational projects; local & regional surface storage projects that improve the operation of water systems; funds must be expended solely for the following public benefits associated with water storage projects: 1) Ecosystem improvements, including changing the timing of water diversions, improvement in flow conditions, temperature or other benefits 2) Water quality improvements in the Delta or in other river systems; 3) Flood control benefits, including increases in flood reservation space in existing reservoirs; 4) Emergency response including securing emergency water supplies; SBx7 -2 (Cogdill Summary — Final) November 4, 2009 T PUBLIC AFFAIRS. INC. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 recreational purposes Chapter 9 — Total Funding: $1.785 Breakdown of funding: Conservation and billion $250 million for the State Coastal Watershed Conservancy for projects within coastal Protection counties and coastal watersheds — of this amount not less than $40 million is available for San Diego County, including not less than $20 million for the San Diego River Conservancy and not less than $40 million for the Santa Ana Parkway and not less than $20 million for the Bolsa Chica wetlands; $100 million to the Wildlife Conservation Board for grants for the acquisition of water rights; $215 million to the Wildlife Conservation Board for grants for the protection or restoration of watershed lands or rivers, with not less than $25 million for the San Joaquin River Conservancy and not less than $20 million for watershed protection in Ventura County; $75 million for the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; $75 million Santa Monica Mountains Conservancy; $20 million for the Baldwin Hills Conservancy; $20 million or the Santa Monica Bay Conservancy; SBx7 -2 (Cogdill Summary — Final) November 4, 2009 TowHsefld I. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 $50 million for the State Coastal Conservancy for coastal salmonid restoration; $100 million to the Lake Tahoe Conservancy; $20 million for the California Farmland Conservancy Program; $5 million for the Conservation Watershed Coordinator Grant Program; $50 million to the California River Parkways Act, with up to $20 million for the Urban Streams Restoration Program; $75 million for the Sierra Nevada Conservancy; $100 million for the Salton Sea Restoration; $10 million to the Natural Resources Agency; $30 million to the Department of Parks and Recreation for Water Education Centers, with $20 million going towards urban areas with a population of 1 million or more; $10 million to the California Waterfowl Habitat Conservation; $100 million to the Department of Forestry; $250 million to the Klamath River watershed; SBx7 -2 (Cogdill Summary — Final) November 4, 2009 TowHsefld I. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 $20 million to Siskiyou County for economic development; $50 million to the California State University for agricultural water supply, water use and efficiency education efforts; $50 million to the State Coastal Conservancy for the Ocean Protection Act; $60 million for the Natural Resources Agency for projects authorized under the Central Valley Project Improvement Act; $50 million to the Wildlife Conservation Board for advanced public infrastructure revolving fund mitigation program 'to be established. Chapter 10- Total Funding: $1 billion Breakdown of Funding: Prioritization of Groundwater $1 billion for grants and loans for projects to Projects: Protection and prevent or reduce the contamination of 1) The threat posed Water Quality groundwater that serves as a source of by groundwater drinking water; ' projects need to be contaimination to consistent with an adopted integrated the affected regional water management program, with community's not less than $100 million for projects that overall drinking meet the following: water supplies, 1) The project is part of a basinwide inclucing the SBx7 -2 (Cogdill Summary — Final) November 4, 2009 "Townsed P[16LIC AFFAIRS. INC_ SBx7 -2 (Cogdill Summary — Final) November 4, 2009 management and remediation plan need for for which federal funds have been treatment of allocated; alternative 2) The project addresses contamination supplies if at a site on the list maintained by the groundwater is Dept. of Toxic Substances not available due With at least $100 million for the Department to contamination; of Public Health to finance emergency 2) The potential for actions on behalf of disadvantaged groundwater communities. contamination to spread and reduce drinking water supply and water storage for nearby population areas; 3) The potential of the project, if fully implemented, to enhance the local water supply reliability; 4) The potential of the project to increase opportunities for groundwater recharge and optimization of groundwater supplies; With additional consideration of the following criteria: 1) The project is implemented ursuant to a SBx7 -2 (Cogdill Summary — Final) November 4, 2009 ilownsend- PUBLIC AFFAIRS, INC. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 comprehensive basinwide groundwater quality management & remediation plan; 2) Affected groundwater provides a loal supply that, if contaminated and not remediated, will require import of additional water from outside the region; 3) The project will serve an economically disadvantaged community; 4) The project addresses contamination at a site where the responsible parties have not been indentified or where they are unwilling to pay for cleanup; Chapter 11 — Total Funding: $1 billion Breakdown of Funding: Project Selection Water Recycling $1 billion for grants and loans for water Criteria: Program With an additional recycling and advanced treatment 1) Water supply $250 million for technology projects, including: reliability water conservation 1) Water recycling projects; improvements; SBx7 -2 (Cogdill Summary — Final) November 4, 2009 "Townsed P[16LIC AFFAIRS. INC_ SBx7 -2 (Cogdill Summary — Final) November 4, 2009 and water use 2) Contaminant and salt removal 2) Water quality and efficiency programs projects, including groundwater and ecosystem seawater desalination; benefits related to 3) Dedicated distribution infrastructure decreased for recycled water including reliance on commercial and industrial end -user diversions from retrofit projects to allow use of the Delta or recycled water; instream flows; 4) Pilot projects for new salt and 3) Public health contaminant removal technology; benefits from 5) Groundwater recharge infrastructure improved drinking related to recycled water; water; 6) Technical assistance and grant 4) Cost writing assistance for disadvantaged effectiveness; communities 5) Energy and Of these funds, not less than $50 million to efficiency and help restore lost water supply reliability in greenhouse gas areas with widespread groundwater emission impacts. contamination in locations that contain sites that are listed by the Dept. of Toxic Substances; 'at least a 50 percent cost share is required, but may be waived or reduced for disadvantaged communities; $250 million for grants and loan for water conservation and water use efficiency projects and programs, including: 1) Urban water conservation plans, projects, and programs; 2) Assist water suppliers and regions to implement conservation programs and measures that are not locally cost - effective; 3) Support water supplier and regional efforts to implement programs targeted to enhance water use efficiency for commercial industrial and institutional water users; SBx7 -2 (Cogdill Summary — Final) November 4, 2009 T PUBLIC AFFAIRS. INC. agricultural water use efficiency projects and programs. SBx7 -2 (Cogdill Summary — Final) November 4, 2009 ITEM NO. 3.3 AGENDA REPORT Meeting Date: November 17, 2009 Subject: Report on Legislative Activities - Sacramento Advocates ATTACHMENTS: SA - Activity Report Nov.doc ov Activity Report Report(s) 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: State Capitol Update Date: November 10, 2009 Overview Special Session on Water Yields Significant Results While in Special Session over the past month, the Legislature and the Governor delivered on a historic framework for a state water plan for the 21st Century. The plan calls for a comprehensive restoration in the Sacramento-San Joaquin River Delta ecosystem from which two-thirds of all Californians receive their drinking water. The plan, which includes a proposal for two new dams and the expansion of a third, also sets forth aggressive water conservation goals and the monitoring of groundwater use. Perhaps the most controversial nature of the plan would establish a seven-member, appointed, Delta Stewardship Council, that would be empowered to authorize a new canal or tunnel system that would move water around the Delta, from the north of the state to the south. The series of bills includes an $11.14 billion bond issue, which voters will be asked to approve next November. The size of the bond grew from $9.4 billion to $11.14 billion over two days as the legislative leadership and the Governor tried to pick up votes from lawmakers to reach the two-thirds vote threshold required for bond bill package. The rest of the water project package costs, with estimates ranging from $40 to $70 billion, would be paid for by localities, largely through new user fees. Northern California lawmakers by and large voted against the main provisions of the water policy reform package while lawmakers from the Central Valley south to San Diego mostly voted for it. The water bond stipulates that no more than 50 percent of the $11 billion can be sold during the next five years assuming the bond measure is approved by voters next November which reduces the increase in debt service in the short term. However, Treasurer Lockyer's debt affordability report shows the amount of debt service the cash-starved General Fund pays will already double from $6 billion this year to more than $12 billion in seven years. That $12 billion in debt service in the 2016-2017 state fiscal year represents nearly 10.5 percent of the General Fund, up from 6.7 percent this year. 1 Most of that higher level of debt service stems from already issued bonds so balancing the budget will have to be accomplished with little help from the debt service side of the ledger, according to Lockyer. Winners and Losers? Whether the plans will lead to a new era of more reliable water supplies and an increasingly healthy environment is yet to be seen, but some winners and losers are already apparent. Among the winners: MWD. Delta exporters in the San Joaquin Valley and Southern California now have a clear path to building a new aqueduct to move Sacramento River water south. Also a winner, the land conservancies who would collect $1.8 billion if voters next year approve the bond. Among the losers: Delta counties, taxpayers and the state's general fund, which eventually would have to pay $800 million or more to service debt from bonds if voters approve them next year. The environment is supposed to be a winner in the deal. The guiding principle was to increase protection for fisheries that have traditionally been overwhelmed by the demand for water and make the two goals equal, but environmental groups are deeply split on the package. We will just have to wait and see how this plays out with the voters next November. Key Legislation from the Special Session -The Governor will Sign all of these Bills 2 SB X7 1 (Simitian) Public resources. (E-11/05/2009) 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. The Johnston- Baker-Andal-Boatwright Delta Protection Act of 1992 (Delta Protection Act) creates the Delta Protection Commission and requires the commission to prepare and adopt a comprehensive long-term resource management plan for specified lands within the Sacramento-San Joaquin Delta (Delta). This bill would revise and recast the provisions of the Delta Protection Act to, among other things, reduce the number of commission members from 23 to 15 members, as specified. The bill would require the commission to appoint at least one advisory committee consisting of representatives from specified entities to provide input regarding the diverse interests within the Delta. The bill would require the commission to adopt, not later than July 1, 2011, an economic sustainability plan containing specified elements and would require the commission to review and, as determined to be necessary, amend the plan every 5 years. This bill contains other related provisions and other existing laws. Note: This is the Delta Management reform bill that would make major changes to the management of the Delta and establish guidelines for the creation of a Delta Stewardship Council that could authorize new water conveyance around the Delta. Status: 11/05/2009-Enrolled. To Governor at 2:30 p.m. SBX7 2 (Cogdill) Safe, Clean, and Reliable Drinking Water Supply Act of 2010. (E- 11/05/2009) Summary: Under existing law, various measures have been approved by the voters to provide funds for water supply and protection facilities and programs. This bill would enact the Safe, Clean, and Reliable Drinking Water Supply Act of 2010, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. This bill contains other related provisions. Note: This bond proposal grew from $9.4 billion to $11.14 billion in 48 hours, as votes were needed to pass the water package. This bond does not include any funding for a Peripheral Canal. Only $3 billion is for new above ground storage. The bond would be issued in two stages, with only half of the bond sale authorized to take place before 2015. After that date, the impact on the General Fund is estimated to be about $800 million annually in interest for the bonds. This bond will be hotly contested on the November 2010 ballot. Status: 11/05/2009-Enrolled. To Governor at 2:30 p.m. SBX7 6 (Steinberg) Groundwater. (C-11/06/2009) Summary: Existing law authorizes a local agency whose service area includes a groundwater basin that is not subject to groundwater management to adopt and implement a groundwater management plan pursuant to certain provisions of law. Existing law requires a groundwater management plan to include certain components to qualify as a plan for the purposes of those provisions, including a provision that establishes funding requirements for the construction of certain groundwater projects. This bill would establish a groundwater monitoring program pursuant to S which specified entities, in accordance with prescribed procedures, may propose to be designated by the Department of Water Resources as groundwater monitoring entities, as defined, for the purposes of monitoring and reporting with regard to groundwater elevations in all or part of a basin or sub-basin, as defined. The bill would require the department to work cooperatively with each monitoring entity to determine the manner in which groundwater State Budget Woes Continue The Governor recently announced the State General Fund is currently running in the red to the tune of approximately $7 billion during this current fiscal year. Preliminary estimates indicate the budget will likely be $15-20 billion in the red as the state enters the 2010-11 fiscal year, on July 1, 2010. Expect more significant cuts in health and human services, education, and infrastructure programs. Local governments are preparing new initiative language to tighten up the Proposition IA protections for local government revenues, with an eye on the November ballot. 4 ITEM NO. 3.4 AGENDA REPORT Meeting Date: November 17, 2009 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: MKB - Billing Summary Oct.pdf `'KB Billing Summary Report(s) YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: October Matter Matter Date Task Order Name Number Opened Amount CURRENT FISCAL YEAR 2009 -2010 Current Billing Total Billed to Data Total Billed 2008 -2009 October 27 2009 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 NIA $1,075.00 $6,159.19 $16.113.90 PROPERTY TAX ALLOCATION 030 $0.00 $1,404.54 $2,085.00 OCWD ANNEXATION 040 1/13/1994 NIA $0.00 $687.50 $7,185.00 RICHFIELD SITE IMPROVEMENTS 042 $0.00 $0.00 $545.00 SHELL 051 $51.34 $51.34 $1,304.71 HIDDEN HILLS RESERVOIR 068 8/25/2003 $4,573.62 $38,476.29 $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 $577.50 $1,924.00 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $4,627.34 $11,148.84 $43,493.12 CELL TOWER 085 7/28/2006 $15,000.00 $1,421.30 $2,033.80 $1,012.50 WATER RATES/WATER CONSERVATION 087 7/31/2006 $10,000.00 $5,195.00 $12,154.50 $76,130.12 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $0.00 $12,522.50 GRANDVIEW SEWER TOTAL 091 5/30/2007 $10,000.00 $0.00 $16,943.60 $545.50 $73,239.00 $1,202.50 $290,488.09 McCormick, Kidman & Behrens Charges Month of Oct-09 Expensed 18,892.26 Job charges 51.34 18,943.60 YTD through Oct-09 Expensed 74,570.57 Job charges 8,168.43 82,739.00 ITEM NO. 3.5 AGENDA REPORT Meeting Date: November 17, 2009 Subject: Directors' and General Manager's Fees and Expenses (Jul-Sep) ATTACHMENTS: Fees and Expenses.pdf =ees and Expenses Report(s) Dir s Recap 2010.pdf lirectar's Recap Report(s) Quarter -To -Date Report YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2009 -2010 1ST QUARTER REPORT FROM 07 -01 -2009 TO 09 -30 -2009 ARMSTRONG BEVERAGE COLLETT MILLS REGULAR MEETINGS ATTENDED COMMITTEE MEETINGS ATTENDED OFF SITE MEETINGS ATTENDED SPECIAL MEETINGS ATTENDED TOTAL MEETINGS ATTENDED QTD DIRECTOR FEES QTD MEETING FEES BUDGET QTD TRAVEL & CONF. EXPENSES QTD TRAVEL & CONF. BUDGET QTD DIR.FEES AND EXPENSES QTD FEES AND EXPENSES BUDGET QTD GEN MGR EXPENSES QTD GEN MGR TRAVEUCONF. BUDGET QTD TOTAL FEES & EXPENSES QTD TOTAL FEES & EXPENSES BUDGET QT 6 6 6 5 5 7 5 7 3 0 0 3 2 2 2 2 16 15 13 17 $2,400 $2,250 $1,950 $2,550 $3,087 $3,087 $3,087 $3,087 $0 $0 $0 $71 $625 $625 $625 $625 $2,400 $2,250 $1,950 $2,621 $3,712 $3,712 $3,712 $3,712 $2,400 $2,250 $1,950 $2,621 $3,712 $3,712 $3,712 $3,712 SUMMERFIELD SUB -TOTAL VECCHIARELLI TOTAL 5 28 5 29 1 7 2 10 13 74 74 $1,950 $11,100 $11,100 $3,087 $15,435 $15,435 $0 $71 $71 $625 $3,125 $3,125 $1,950 $11,171 $11,171 $3,712 $18,560 $18,560 $98 $98 $875 $875 $1,950 $11,171 $98 $11,269 $3,712 $18,560 $875 $19,435 YEAR -TO -DATE REPORT YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2009 -2010 YEAR -TO -DATE REPORT FROM 07 -01 -2009 TO 09 -30 -2009 ARMSTRONG BEVERAGE COLETT MILLS SUMMERFIELD SUB -TOTAL VECCHIARELLI TOTAL REGULAR MEETINGS ATTENDED 6 6 6 5 5 28 COMMITTEE MEETINGS ATTENDED 5 7 5 7 5 29 OFF SITE MEETINGS ATTENDED 3 0 0 3 1 7 SPECIAL MEETINGS ATTENDED 2 2 2 2 2 10 TOTAL MEETINGS ATTENDED YTD 16 15 13 17 13 74 74 DIRECTOR FEES YTD $2,400 $2,250 $1,950 $2,550 $1,950 $11,100 $11,100 MEETING FEES BUDGET YTD $3,087 $3,087 $3,087 $3,087 $3,087 $15,435 $15,435 TRAVEL & CONFERENCES EXPENSES YTD $0 $0 $0 $71 $0 $71 $71 TRAVEL & CONFERENCE BUDGET YTD $625 $625 $625 $625 $625 $3,125 $3,125 DIRECTORS FEES & EXPENSES YTD $2,400 $2,250 $1,950 $2,621 $1,950 $11,171 $11,171 FEES & EXPENSES BUDGET YTD $3,712 $3,712 $3,712 $3,712 $3,712 $18,560 $18,560 GEN MGR EXPENSES YTD $98 $98 GEN MGR TRAVEL CONF. BUDGET YTD $875 $875 TOTAL FEES & EXPENSES YTD $2,400 $2,250 $1,950 $2,621 $1,950 $11,171 $98 $11,269 TOTAL FEES & EXPENSES BUDGET YTD $3,712 $3,712 $3,712 $3,712 $3,712 $18,560 $875 $19,435 DIRECTORS RECAP OF TRAVEL /CONFERENCE EXPENSES July - September 2009 GL Trip Trip Trip Reimbursable expenses paid by YLWD 8/6/09 08/09 OCWA lunch, KV,PG Director date date name location Meals Lodging Travel Conf.fee Misc Total trip Total Armstrong LAFCO parking Fountain Valley $3 $3 $0 Total GM $92 $0 $0 $0 $6 $98 $98 $0 $0 Beverage $0 $0 $0 Collett $0 $0 Mills 8/31/2009 08/09 CA water challenge Costa Mesa $21 $50 $71 By Rep Royce $0 $0 $71 Summerfield $0 $0 $0 Total directors $0 $0 $21 $50 $0 $71 $71 General Manaaer Vecchiarelli 7/31/2009 07/09 Discuss Hidden HI w /MP Yorba Linda $27 $27 8/6/09 08/09 OCWA lunch, KV,PG Irvine $65 $65 8/19/09 8/9/09 LAFCO parking Fountain Valley $3 $3 9/30/09 09/09 LAFCO parking Fountain Valley $3 $3 Total GM $92 $0 $0 $0 $6 $98 $98 Assistant General Manager Grady Total directors & GM $92 $0 $21 $50 $6 $169 $169 0 $0