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HomeMy WebLinkAbout2009-01-20 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING Tuesday, January 20, 2009, 8:00 a.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020 AGENDA COMMITTEE STAFF Director John Summerfield, Chair Ken Vecchiarelli, General Manager Director William R. Mills INTRODUCTION OF VISITORS AND 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. • ACTION ITEMS This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 1. Reschedule Board Meetings in February and March Recommendation: That the Committee recommend that the Board of Directors approve and authorize the General Manager to schedule the Board meetings as follows: 1) Schedule the Board Meeting of Thursday, February 12 from 8:30 a. m. to 6:30 p.m. 2) Schedule the Board meeting of Thursday, March 12 from 8:30 a.m. to 6:30 p.m. 2. Letter of Support for Assembly Bill No. 28 Recommendation: That the Committee recommend that the Board of Directors authorize the Board President to execute a letter addressed to Assembly Member Kevin Jeffries in support of AB 28. 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. License Agreement for Use of District Property or Facilities 4. Report on Legislative Activities - Sacramento Advocates 1 ORIGINAL 5. Report on Grant Activities - Townsend Public Affairs • 6. General Counsel's Monthly Summary Billing Reports ADJOURNMENT The next regularly scheduled meeting of the Executive-Administrative-Organizational Committee will be held February 17, 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 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. • • 2 ITEM NO. AGENDA REPORT • Committee Meeting Date: January 20, 2009 To: Executive-Administrative-Organizational Committee From: Ken Vecchiarelli, General Manager Staff Contact: Annie Alexander, Executive Secretary Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: N/A Funding Source: N/A CEQA Account No: N/A Job No: N/A Compliance: N/A Estimated Costs: N/A Dept: N/A Subject: Reschedule Board Meetings in February and March SUMMARY: The Board of Directors desires to hold one evening meeting each month for the first quarter of the calendar year to encourage and accommodate public attendance. DISCUSSION: For the Board meeting of Thursday, February 12 at 8.30 a.m., staff recommends rescheduling to • 6:30 p.m. For the Board meeting of Thursday, March 12 at 8:30 a.m., staff recommends rescheduling to 6:30 p.m. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has previously rescheduled Board meetings when conflicting with holidays, conferences or other special events. STAFF RECOMMENDATION: That the Committee recommend that the Board of Directors approve and authorize the General Manager to schedule the Board meetings as follows: 1) Schedule the Board Meeting of Thursday, February 12 from 8:30 a.m. to 6:30 p.m. 2) Schedule the Board meeting of Thursday, March 12 from 8:30 a.m. to 6:30 p.m. • ITEM NO. -G AGENDA REPORT • Committee Meeting Date: January 20, 2009 To: Executive-Administrative-Organizational Committee From: Ken Vecchiarelli, General Manager Staff Contact: Lee Cory, Operations Manager Steven Conklin, Engineering Manager Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: Dept: Subject: Letter of Support for Assembly Bill No. 28 SUMMARY: Assembly Bill 28 would prohibit air pollution control districts and air quality management districts from restricting the use of engines powered by natural gas by a city, county or special district, including a water district, to operate water pumps. MWDOC and the Orange County Groundwater Producers are seeking support for the bill. In response, District staff drafted the attached letter to Assembly Member Kevin Jeffries supporting his efforts for passage of AB 28, for review and consideration by the Board. DISCUSSION: As described in the attached draft letter, District pumping operations are significantly impacted by current air district regulations, as are many other local water agencies. AB 28 is still in the draft stage. Assemblyman Jeffries and his staff are seeking letters of support and any information that might strengthen the language in the bill. PRIOR RELEVANT BOARD ACTION(S): None. STAFF RECOMMENDATION: That the Committee recommend to the Board of Directors to authorize the Board President to execute a letter addressed to Assembly Member Kevin Jeffries in support of AB 28. • CALIFORNIA LEGISLATURE-2009-10 RHGULAR SESSION • ~ SSE'M BLY BILL No. 28 Introduced by Assembly Member Jeffries December 1, 2008 All act to add Section 40722 to the Health and Safety Code, relating to air pollution. LEGISLATIVE COUNSEL'S D1GESr AB 2S, as introduced, Jeffries. Natural gas engines: water pumps. Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and nonvchlcular sources. Existing law generally deslgnatcs the State All' Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for i he control of air pollution from all sources other than vehicular sources. • This bill would prohibit air pollution control districts and air quality manaygenlent districts from restricting the use of engines powered by natural gas by a city, county, or special district, including a water district, to operate water pumps. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the Slate of 'Californio tlo encict as fbllolvY. 1 SECTION I . Section 40722 is added to the Health and Safety Code, to read: 99 A13 28 -2- 1 40722. A district shall not restrict the use of engincS powered • ? by natural gas by a city, county, or Special district, including It water district, to opcratc water pumpS. K'vTm Water Linda ~./ater District Reliable and Trusted Service for More Than 100 Years • January 22, 2009 Assembly Member Kevin Jeffries California State Capital P.O. Box 942849 Sacramento, California 94249-0000 Subject: Letter of Support for Assembly Bill No. 28 Relaxing Restrictions on Natural-Gas-Powered`Water Pumps Dear Assemblyman.leffries: Yorba Linda Water District (District) providesimater service to over 24,000 homes and businesses within a 23 square-mile territory s'erviigthe City-.of Yorba Linda; portions of the cities of Anaheim, Brea and Placentia, and a smalllutvnco►porated area in the County of Orange. The elevations in the District vary over 1000.feet, requiring 12 pressure zones and 12 booster pump stations to provide water service and fire protection for the 75,000 residents in the District. The District's groundwater wells and booster pump' stati'ons.iitilize a mix of electric and • natural-gas-engine driven pumps to provide'aiid deliver water. The use of natural-gas engines is critical for,our water pumping operations for flexibility, reliability and cost- effectiveness. The District has recently been impacted by new rules passed by the South Coast AQMD. Those rules,have Ilad implicatioiis'in the following areas: • New regulations requi're~testing of the exhaust from the natural gas engines anytime the engiiies are framing In response, the District has to schedule a mechanic on weekends and holidays to test the running engines, increasing our costs for little or noappareiit benefit. • The District currently needs to replace an existing older natural-gas engine that can no loner be rebuilt. In discussions with AQMD staff we have found that an old natural gas;gbgine cannot be replaced by a new, more efficient natural gas engine of the;sa'me size without facing major permitting hurdles. Those hurdles have high cost implications and long time requirements, to the point that the District is forced to look at other alternatives to a natural gas engine. For the project at hand the District has reluctantly decided to replace this pumping capacity with an electric-motor driven pump. The addition of another electric- driver in place of a gas engine will move us out of a TOU-5 Southern California -Edison rate structure into a much more costly TOU-8 rate structure. We estimate the cost of power at this location will increase by $100,000 per year. ® The District has depended on natural-gas engines for normal daily use as well as for emergency back-up power and redundancy. This back-up redundancy is • 1717 E. Miralorna Avenue Placentia, CA 92870 714-701-3000 714-701-3058 Fax Assembly Member Kevin Jeffries January 22, 2009 • Page 2 becoming a less-viable option because of the new AQMD regulations. As an alternative, the District is forced to look at portable diesel engines to back up our electric pumps. Unfortunately, diesel-driven units are much harder on the environment than gas drivers and require several staff members to set up for emergency operation. This is a major drawback from current operations with back-up natural-gas drivers in place, which can be automatic"Mly switched over with no loss of service and no staff time required. i With the above in mind, and great concern for future im;Jlications cif We continue on the current path, Yorba Linda Water District enthusiastical~ly,stipports you>4efforts for the passage of AB 28. As a modification to the current bill we suggest that'tlie; bill not only address pump drivers but also exempt natural-,gas engine back-up power systems for water pumping. These provide critical back-iip p'ovi!er in emergency times for electric- driven systems. Additionally because they are backupsali6y are used very infrequently. The Yorba Linda Water District appreciates and supports ybur, efforts. , i Sincerely, 'i;, i id it., - 1,..I• I; is iohn W. Summerfield President i. ` 'Jill jP~ •li{I~~ ~ '~;~j~j iii' ~I ii! I. • ITEM NO. Yorba Linda Water District YORBA LINDA WATER DISTRICT LICENSE AGREEMENT FOR USE OF DISTRICT PROPERTY OR FACILITIES 1. Applicant: 2. Address: 3. Applicant hereby requests approval to use the following described facilities belonging to the Yorba Linda Water District: 4. Purpose: 5. Date(s) of Use: 6. Fee: 10. To the fullest extent permitted by law, Applicant agrees to be solely responsible for any and all injuries, damages, and claims to persons or property arising out of its use of the Yorba Linda Water District's facilities, except for any such claims arising out of the sole negligence or willful misconduct of the Yorba Linda Water District or its directors, officers, employees, or authorized volunteers. Applicant agrees to defend, hold harmless, and indemnify the Yorba Linda Water District, its directors, officers, employees, or authorized volunteers against any and all such injuries, damages, and claims. This indemnification agreement shall not be restricted to any insurance proceeds. 8. Applicant shall provide and maintain general liability insurance with limits of at least one million dollars ($1,000,000) per occurrence ($2,000,000 general aggregate, if used) for bodily injury, personal injury and property damage arising out of the activities and properties as described herein. Coverage shall include contractual liability covering the Applicant's obligations in provision 7. Coverage shall not be limited in any way with respect to host liquor liability coverage. The general liability coverage shall give the Yorba Linda Water District, its directors, officers, employees, and authorized volunteers insured status using ISO endorsement CG2026 or equivalent. Applicant shall provide the Yorba Linda Water District with a certificate of insurance and additional insured endorsement before scheduled use. Such insurance shall be primary and any insurance, self-insurance or other coverage maintained by the Yorba Linda Water District, its directors, officers, employees, or authorized volunteers shall not contribute to it. Coverage is to be placed with a carrier with an A.M. Best rating of no less than A-:VII, or equivalent, or as otherwise approved by the Yorba Linda Water District. 9. Applicant shall insure, or be a qualified self-insured, with respect to the applicable laws relating to workers' compensation coverage (California Labor Code Section 3700), all of Applicant's employees working on or about the Yorba Linda Water District's facilities. Applicant shall provide the Yorba Linda Water District with a certificate of Workers' Compensation and Employer's Liability insurance coverage to be placed with a carrier with an A.M. Best rating of no less than A-:VII, or equivalent, or as otherwise approved by the Yorba Linda Water District. The employer's liability limit shall be no less than $1,000,000 each accident or disease. •0. If any of the above coverages expire during the term of this agreement, the Applicant shall deliver the renewal certificate(s) including the general liability additional insured endorsement to the Yorba Linda Water District at least ten (10) days prior to the expiration date. 1 By: Yorba Linda Water District Representative (Title) • Date: By: (Applicant Authorized Representative) (Title) Date: I II I • 2 ITEM NO. 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, for Sacramento Advocates, Inc. Re: State Capitol Update Date: January 15, 2009 The Fiscal Mess California is awash in a sea of red ink. In October 2008 the Governor's Department of Finance reported revenues were running under expectations, and it appeared to them that the State Budget would be running $3.2 billion in the red by the June 30, 2009 closure of this fiscal year. The state Treasurer examined the same data and predicted the deficit would be $4.6 billion. Looking back, that was a very cheery prediction indeed. In November, Governor Schwarzenegger announced the state budget deficit was growing, and was running at a rate of $11.2 billion by the close of this fiscal year, with red ink continuing through June 2010 producing a deficit then estimated by the state • Department of Finance to be $24.2 billion (with a $28 billion estimate by the non-partisan Legislative Analyst) by June 2010. In December, the projected deficit through June 30, 2010 had risen to $41.6 billion. January 2009 finds more revenue declines, and the deficit could reach $45 to $50 billion when new revenue receipts are fully noted. Total General Fund spending is $103.4 billion for the current fiscal year, but revenues are now only expected to allow for $92.4 billion in the next fiscal year, so cuts alone won't come close to solving a problem of this magnitude, especially since so much of the budget is locked in due to voter-approved ballot actions of previous years. The Politics behind the Budget Problem California is one of three states to require more than a majority vote to approve a state budget (two- thirds of each house is required), and Democrats lack a two-thirds majority. Partisan breakdown is 51D-29R in the Assembly; 24D-15R in the Senate (with one temporarily vacant Dem district). In the Assembly and Senate, 54 and 27 votes, respectively, are required to pass a budget or a general tax increase bill. Democrats are willing to vote for new taxes and cuts; Republicans are willing at this time to only vote for cuts, plus they desire a firm spending cap be placed in law and regulatory relief for businesses; the Republican governor is pitching a new taxes and additional cuts proposal. The Governor's problem is that he cannot get a single Republican to support any tax increases as of this writing. The Californian partisan divide within the Legislature is very deep. Republicans tend to be extremely conservative; Democrats tend to be very liberal. Public employee unions hold great power over • 1 Democrats; Republicans are wary of being challenged from the right in primaries. Legislative Republicans are contemptuous of the Governor, whom they consider a "show horse" and a RINO (Republican in name only). The next race for governor is 2010. Democrats picked up three Assembly seats this year. There was no change in the Senate, but Democratic registration is on the upswing; • Republican registration is declining, and Obama defeated McCain by a 61%-37% margin. Democratic registration is up about 2.5% since 2004, Republican registration is down by 2.5% in the same time frame. Opportunities Exist for the Yorba Linda Water District in this Economic Crisis Assembly and Senate Democrats have unveiled this week a "Green Economic Stimulus" Proposal using $2.3 billion in bond funds from the 2006 infrastructure bond package. Within this package is $100 million for direct expenditure from DWR or disbursement to state or local agencies to prevent mitigate the effects of flash flooding, mudslides, and other damage associated with the winter rains and fire damaged areas. (See proposal 5, attached). Within this package will be $200 million for integrated regional water management plans throughout the state to achieve immediate water supply reliability, including groundwater clean up and treatment projects, wastewater recycling, and distribution facilities. Stormwater cleanup projects are slotted for an additional $25 million. (See proposal 1, attached). Broader Highlights of the Governor's proposed budget for 2009-2010: Gov. Arnold Schwarzenegger's plan to close a roughly $42 billion budget deficit over the next 18 months and provide a $2 billion reserve relies on tax increases, spending cuts and borrowing. Here are the major components.* • New Revenue: $14.8 billion $9.5 billion by raising the sales tax by 1.5 cents on the dollar for three years. $1.4 billion by imposing sales taxes on some services and activities that currently aren't taxed, such as golf fees, amusement parks, sporting events, veterinary treatment and vehicle repair. • $1.4 billion by reducing the income tax credit for dependents to the level of personal credits in 2009 tax year - from $309 per dependent to $99. $1.2 billion by imposing a 9.9 percent per barrel tax on oil extracted from California. $829 million by raising the excise tax on alcohol by 5 cents a drink. $451 million by raising annual vehicle registration fees by $12 per vehicle. $38.5 million by eliminating property tax deferral for eligible elderly, blind or disabled homeowners. Borrowing: $10.3 billion $4.7 billion from selling revenue anticipation warrants in July 2009. They would not have to be • 2 repaid in the 2009-10 budget year. • $5 billion from investors against future lottery earnings. Lottery changes must be approved by • voters. • $594.2 million, mostly by borrowing from special funds and shifting tribal gambling revenues to general purposes contingent on receiving federal funds for transportation and safety programs. Spending cuts: $16.5 billion • $5.2 billion cut to K-12 education and community colleges by reducing base funding under Proposition 98 to the minimum and giving school districts the ability to reduce the 2009-10 school year by five days. Because schools' funding formula is based in part on state revenue, the reduction could be far deeper if the new revenues in the governor's plan are not approved. • $1.7 billion by furloughing state employees by two days a month until June 30, 2010, permanently eliminating Columbus Day and Lincoln's Birthday as paid state holidays and eliminating overtime pay for holidays. About $282 million of the savings comes from layoffs and shifting state employee health care from Ca1PERS to managed care. • $1.4 billion by reducing monthly grants to the federal minimum for low-income aged, blind and disabled on Supplemental Security Income/ State Supplemental Program and eliminating payments to recent immigrants. • $1.1 billion from Ca1WORKS welfare programs by reducing welfare grants by 10 percent, • cutting benefits at 60 months for some recipients, requiring reviews every six months and eliminating a cost of living adjustment due in June 2010. • $788 million to the Department of Corrections and Rehabilitation by eliminating parole supervision for all but those who have committed serious, violent or sexual crimes and reducing the medical budget by 10 percent. • $744.2 million to Medi-Cal by eliminating some treatment options such as optometry, dental, audiology, and psychological, limiting benefits for some legal immigrants, raising the income eligibility requirements to pre-2000 levels, cutting hospital reimbursement rates by 10 percent and eliminating cost of living for county-based administration. • $692 million by cutting the University of California and California State University budgets by 10 percent and eliminating the planned 7.5 percent budget increase in 2009-10. $459 million by eliminating general purpose grants to local transit agencies. $473 million by reducing state payments for In-Home Supportive Services health workers to the minimum wage, restricting services to the neediest recipients, increasing fees for some recipients and eliminating cost-of-living adjustment due in June 2010. $422.8 million to the Department of Developmental Services, about one fifth of which is a 3 • 3 percent cut to regional center providers. The remaining savings will be negotiated with the Legislature. • • $275 million by eliminating the state First Five Commission and shifting money - and half of the money from 58 county commissions - to children's health programs. Voters would have to approve changes to Proposition 10. • $226 million by diverting money set aside in Proposition 63 for mental health services to fund mental health managed care. Voters need to approve the change. • $163.4 million by continuing through June 2010 "one-time" cuts made in the current budget for state courts and eliminating the cost-of-living adjustment. • $150 million by eliminating or consolidating a variety of state entities, including the elimination of the Integrated Waste Management Board and the California Conservation Corps. The savings estimate is soft, officials said, because it's unclear how the consolidations will take place. • $87 million by making various changes to the Cal Grant program, including the elimination of new grants awarded on the basis of competition. Existing competitive grants would be maintained. • $43.2 million by cutting the Legislature's budget 10 percent and eliminating a cost-of-living increase. • $37.8 million by eliminating food stamps for legal immigrants not eligible for federal assistance. *Source: California Department of Finance Bill Introductions are trickling in Perhaps the only benefit of this California meltdown is that bill introductions are very slow this year. Indeed, the Senate may limit its Members to the introduction of only 15 bills each this year this year, which is about half of the typical number of bills introduced. Members have until the end of January to provide bill requests to the Office of the Legislative Counsel, and the bill introduction deadline for most legislation is the February 28`h. I will be reporting in full on measures that would have an impact on the district as they are introduced. • 4 • Ic p ~,l'~, ~TA~, Y SJ P DARRELL STEINBERG STATE CAPITOL KAREN BASS SENATE PRE;IDENT PRO TEMPORE SACRAMENTO, CA 95814 SPEAKER CF THE W;Eh76Lv Assembly and Senate Democrats Green Economic Stimulus California Jobs, Shovel-Ready.Projects, Greening the Economy The most important "economic stimulus" the state can enact is to achieve a solution to the budget crisis. Economic stimulus begins with balancing the state budget. For this prograrn to be successful, it is imperative that policyrnakers come to an agreement to put the state's fiscal house in order. Only then, can the historic infrastructure bond package from 2006 be fully implemented, • Speaker Bass and Senator Steinberg propose the following "green economic stimulus" package consisting of over $2 billion in projects that create jobs and protect the environment. These funds would be appropriated for immediate economic stimulus projects to provide clean air, clean water, and natural resource protection while providing jobs and economic activity. These funds are targeted for projects that meet the following criteria: • Immediate "shovel-ready" projects that create jobs, stimulate the economy, and improve the environment ($2.3 billion total) • All permits, authorizations, and approvals issued at the time the project funding is approved. No Putting of environmental laws to build new projects. • Preference given to the creation/provision of CA jobs and economic activity, i • Projects must provide a "green" dividend in the for-in of benefiting public health or the environment, i~ I 1. WATER SUPPLYRELIABILITY-New fttnds to help regions throughotit the state i make immediate investments for water supply reliability in a drought year. i SECTION X. Pursuant to Section 75026 of the Public Resources Code, the sum of two- hundred million dollars ($200,000,000) hereby is appropriated to the Department of Water 1 • Resources for the purposes of expenditures in integrated regional water management plans throughout the state to achieve immediate water supply reliability. Priority shall be given to projects that increase regional water-use efficiency, including but not limited to water conservation improvements, groundwater clean-up and treatment projects, stormwater capture and reuse, projects that provide clean drinking water to disadvantaged communities, and waste water recycling and distribution facilities. Funds shall be distributed in accordance with the percentages allocated to each region pursuant to subdivision (a) of Section 75027. SECTION X. Pursuant to Section 75050(m) of the Public Resources Code, the sum of fifteen million dollars ($15,000,000) hereby is appropriated to the state board, and from Section 75060 of the Public Resource Code, the sum of fifteen million dollars ($15,000,000) hereby is appropriated to the Department of Water Resources for the purposes of stormwater cleanup projects that protect water quality and public health. 2. PUBLIC TRANSIT AND MOBILITY-- Help promote public transit and mobility by appropriating $800 million from Proposition 1B's Public Transit Modernization, Improvement and Service Enhancement Account (PTMISEA) for ready-to-go capital projects. Now is an ideal time to accelerate the expenditure of bond funds for public transit: ridership is at an all-time high in California, agencies have identified hundreds of • ready-to-go projects, transit improves mobility without sacrificing air quality. According to the California Transit Association (CTA), for every $1 billion invested in new transit capital projects, some 31,400 jobs are created and more than $3 billion in local economic activity is created SECTION X. Pursuant to subdivision (f) of Section 8879.23, $800 million is hereby appropriated from the Public Transportation Modernization, Improvement and Service Enhancement Account (PTMSEA) to the state Department of Transportation for allocation to public transit agencies for eligible capital improvements to public transit systems and services. I 3. FIX IT FIRST. Street and Pothole Repair-Create jobs fixing existing streets and repairing potholes. These funds would be used to fill potholes, resurface crumbling f neighborhood streets, and improve bike and pedestrian facilities. r i SECTION X. Pursuant to subdivision (1) of Section 8879.23, $700 million is hereby appropriated from the Local Street and Road Improvement Account to the Controller for allocation to cities and counties in California for improvements to local transportation facilities. Of the amount appropriated i pursuant to this paragraph, $450 million shall be allocated to the counties and $237 million shall be allocated to the cities. i i 2 i 4. CLEANUP BROWNFIELDS AND CREATE AFFORDABLE HOUSING— Accelerate bond expenditures from Proposition 1Cfor brownfields cleancrp that • results in affordable, infrll housing development and in the creation, rehabilitation or development o.fparks pursuant to the recently created Housing-Related Parks Program. SECTION X. Pursuant to paragraph (2) of subdivision (b) of Section 53545 of the Health and Safety Code, $60 million is hereby appropriated to the California Pollution Control Financing Authority for purposes of providing loans and grants under the California Recycle Underutilized Sites (CALReUSE) program for brownfield cleanup that promotes infill residential and mixed-use development. SECTION X. Pursuant to subdivision (d) of Section 53545 of the Health and Safety Code, $30 million is hereby appropriated to the Department of Mousing and Community Development from the Urban-Suburban-and-Rural Parks Account to fund the creation, development or rehabilitation of parks under the Housing-Related Parks Program. 5. FLOOD PROTECTIONIPREVENTION OFMUDSLIDES DUE TO FIRES-New funds to help local agencies and flood control officials protect urban areas from flash floods and mudslides due to last summer's fires. SECTION X. Pursuant to Section 5096.827 of the Public Resources Code, the sum of one hundred million dollars ($100,000,000) is hereby appropriated to the Department of Water • Resources for direct expenditure or disbursement to state or local agencies to prevent and mitigate the effects of flash flooding, mudslides, and other damage associated with winter rains and fire damaged areas. 6. FLOOD PROTECTION AND TRANSPORTATION ENHANCEMENT - New funds for infrastructure upgrades to reduce conflicts with critical flood conveyance facilities and create construction jobs. SECTION X. Pursuant to Section 5096.825 of the Public Resources Code, the sum of fifty million dollars ($50,000,000) hereby is appropriated to the Department of Water Resources for grants for immediate priority multi-benefit projects that reduce conflicts between flood conveyance facilities and transportation infrastructure. 7. FIXING AGING STATE PARKS AND RECREA TIONAL FA CILI TIES-Ne w funds to repair aging state parks infrastructure and to create new construction jobs idled by the housing crisis. SECTION X. Pursuant to Section 75063 of the Public Resources Code, the sum of one hundred million dollars ($100,000,000) hereby is appropriated to the Department of Parks and i recreation for the purposes of immediate investments in the deferred maintenance and rehabilitation of aging state parks and recreation facilities throughout the state. In contracting for • the repair and rehabilitation of these facilities, the department shall endeavor to use CA-based construction companies or workers. 3 8. "GREEN" URBANAREAS AND CREATE JOBS--Implement urban tree planting projects that produce local community jobs and increase the livability of our • communities. SECTION X. Pursuant to Section 75065 of the Public Resources Code, the sum of ten million ($10,000,000) hereby is appropriated to the Department of Forestry and Fire Protection for the purposes of community tree planting projects. Priority shall be given to projects that maximize job creation and provide multiple benefits, including air quality, water conservation and carbon emission reductions. SECTION X, Pursuant to subdivision (1) of Section 75050 of the Public Resources Code, the sum of five million dollars ($5,000,000) hereby is appropriated to the CA Conservation Corps for disbursement to local community conservation corps for support of local conservation corps programs and facilities. 9. BUILD NEW LOCAL PARKAND RECREATIONAL FACILITIES -develop new parks and new recreational opportunities in park poor neighborhoods that create new construction jobs. SECTION X. Pursuant to subdivision (b) of Section 75065 of the Public Resources Code, the sum of one hundred million dollars ($100,000,000) hereby is appropriated to the Department of Parks and Recreation for immediate investments in development and rehabilitation of local park facilities. In contracting for the construction, repair and rehabilitation of these facilities, the department shall provide a preference for CA-based construction companies or workers. • 10. "GREEN JOBS TRAINING TO REDUCE DROPOUT RATE--Appropriate new funds to reduce high drop out rates and train young people for the new energy economy in jobs like solar manufacturing and clean vehicle technology. SECTION X. The sum of fifteen hundred million ($15,000,000) is hereby appropriated to the Chancellor of the Community Colleges from the Public Interest Energy Research Account for the purposes of augmenting funding provided in the 2008-2009 budget act for green technology training through the CA Partnership Academies. l 1. CREA TE JOBS, SA VE TAXPA YER MONE Y B Y MAKING STA TE B UIL INGS MORE ENERGY EFFICIENT---Direct energy agencies to use ratepayer funds already collected for energy programs to establish agressive program to retrofit every state building in the state to achieve the maximum energy efficiency achievable. SECTION X. (a) The Public Utilities Commission and Energy Commission shall identify any unencumbered funds in the Public Utilities Reimbursement Account, the Energy Resources Program Account, and the Public Interest Energy Research Account and shall redirect those fiends to the Department of General Services for the immediate retrofit and renovation of state buildings and facilities in order to achieve the maximum feasible energy efficiency in those buildings to create in-state employment and to reduce state taxpayer costs associated with energy use in those buildings. I i 4 I 12. BUILD NEW KIDS MUSEUMS AND NATURE EDUCATION FACILITIES- Build nature education facilities and create immediate construction, education, and • tourism jobs. SECTION X. Pursuant to subdivision (b) of Section 75063 of the Public Resources Code, the sum of thirty-five million dollars ($35,000,000) hereby is appropriated to the Department of Parks and Recreation for grants for nature education facilities and equipment to non-profit organizations and public institutions, including natural history museums, aquariums, research facilities and botanical gardens. 13. RESTORE WETLANDS, FISH AND GAME HABITA T AND CREA TE JOBS - fund shovel-ready community projects to enhance and restore natural systems while creating construction jobs. SECTION X. Pursuant to subdivision (1) of Section 75055(b) of the Public Resources Code, the sum of thirty-five million dollars ($35,000,000) shall be expended by the Wildlife Conservation Board for habitat restoration and enhancement projects. SECTION X. Pursuant to subdivision (b) of Section 75060 of the Public Resources Code, the sum of thirty million dollars ($30,000,000) hereby is appropriated to the California Coastal Conservancy for habitat restoration and enhancement projects. 14. CREATE GREEN JOBS FOR THE NEW ENERGY ECONOMY. Educate, train, • and employ at-risk young adults, while protecting the environment and rebuilding urban areas. SECTION X. The sum of twenty million dollars ($20,000,000) is hereby appropriated from the Beverage Container Recycling Fund million in surplus Beverage Container Recycling Fund for existing and new local conservation corps which will educate, job train, and put to work hundreds of at-risk young adults within the fiscal year 2009-2010. I i i i i I 5 ! ITEM NO. Tonsend • PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Executive Committee From: Christopher Townsend, President Sean Fitzgerald, Senior Director Heather Dion, Director Date: January 14, 2009 Subject: Activity Report The Legislature and the Governor have spent the last several weeks deliberating over how to solve the mounting budget crisis, while cash is running low and all non-essential funding has been suspended temporarily until bonds can be sold and a stream of money returns. Most state agencies have frozen all existing contracts for grant and loan monies to public agencies. Suspended funding from the Department of Water Resources alone was approximately $4 billion in total and accounts for roughly 200,000 jobs statewide were projects were underway. The Governor has indicated that he will not sign a budget that does not combine significant • cuts in services and programs, without a fee/tax increase (i.e. his sales tax measure proposal) with additional exemption provisions for public works projects (i.e. CEQA exemption). The Legislature has not been able to garner the support for a sales tax measure in their negotiations to reduce spending, and thus are basically at a standstill until some sort of a compromise can be reached. The Federal Government has been working towards an economic stimulus package that does provide emergency bailout funding for the states, through the coverage of Medicare and Medicaid spending, funding for public works and infrastructure projects, and a variety of transportation project funding. Congress is intending to finalize this package by the end of the month and deliver it to the President in early February for his consideration. The intention of both Congress and the President-elect is to work on this package cooperatively over the next two weeks so that there are not major changes once the bill reaches the President. Estimates for this package range from $750 billion to $1 trillion, with a major portion funding the state bailout. Meanwhile, the Legislature is continuing to organize for the upcoming session with the Leadership changes in place. Last Tuesday, Senate Pro Tern Steinberg released roster for the 2009 Legislative Session: Appropriations Kehoe (Chair), Cox (Vice Chair), Yee, DeSaulnier, Corbett, Leno, Oropeza, Hancock, Wolk, Runner, Wyland, Walters, Denham • Banking, Finance & Insurance Calderon (Chair), Runner (Vice Chair), Florez, Kehoe, Lowenthal, Correa, Padilla, Liu, Cox, Harman BUDGET & FISCAL REVIEW (39 members plus 1 vacancy) NOTE: All Senators will be members of the full Budget Committee. However, there will be only three voting members on each of five Subcommittees as follows: Subcommittee #1: Education Romero (Chair), Huff, Liu Subcommittee #2: Resources, Environmental Protection, Energy, & Transportation Simitian (Chair), Cogdill, Lowenthal Subcommittee #3: Health & Human Services, Labor & Veteran's Affairs Leno (Chair), Alquist, Hollingsworth Subcommittee #4: State Administration, General Government & Judicial DeSaulnier (Chair), Wright, Harman Subcommittee #5: Revenues and the Economy Ducheny (Chair), Padilla, Dutton Business, Professions & Economic Development Negrete McLeod (Chair), Wyland (Vice Chair), Correa, Florez, Corbett, Romero, Yee, Oropeza, Aanestad, Walters Education Romero (Chair), Huff (Vice Chair), Simitian, Alquist, Padilla, Hancock, Liu, Wyland, Maldonado • Elections, Reapportionment & Constitutional Amendments Hancock (Chair), Walters (Vice Chair), DeSaulnier, Liu, Cogdill Energy, Utilities and Communications Padilla (Chair), Benoit (Vice Chair), Calderon, Simitian, Lowenthal, Kehoe, Wright, Corbett, Cox, Strickland i Environmental Quality Simitian (Chair), Runner (Vice Chair), Hancock, Corbett, Lowenthal, Pavley, Ashburn Food and Agriculture Florez (Chair), Maldonado (Vice Chair), Pavley, Hancock, Hollingsworth Governmental Organization Wright (Chair), Harman (Vice Chair), Negrete McLeod, Oropeza, Yee, Wiggins, Florez, Romero, Calderon, Padilla, Denham, Wyland, Benoit Health Alquist (Chair), Strickland (Vice Chair), Cedillo, Negrete McLeod, Wolk, Pavley, DeSaulnier, Leno, Cox, Maldonado, Aanestad Human Services Liu (Chair), Maldonado (Vice Chair) Yee, Alquist, Hollingsworth • Judiciary Corbett (Chair), Harman (Vice Chair), Florez, Leno, Walters Labor & Industrial Relations DeSaulnier (Chair), Wyland (Vice Chair), Leno, Yee, Negrete McLeod, Cogdill Legislative Ethics • Walters (Chair), Lowenthal (Vice Chair), Corbett Local Government Wiggins (Chair), Cox (Vice Chair), Kehoe, Wolk, Aanestad Natural Resources and Water Pavley (Chair), Hollingsworth (Vice Chair), Kehoe, Wiggins, Leno, Wolk, Simitian, Padilla, Benoit, Cogdill, Huff Public Employment and Retirement Correa (Chair), Ashburn (Vice Chair), Negrete McLeod, Wiggins, Padilla, Liu, Benoit Public Safety Leno (Chair), Benoit (Vice Chair), Cedillo, Wright, Steinberg, Hancock, Huff Revenue & Taxation Wolk (Chair), Walters (Vice Chair), Alquist, Wiggins, Florez, Runner, Ashburn Rules Steinberg (Chair), Aanestad (Vice Chair), Cedillo, Oropeza, Dutton Transportation and Housing Lowenthal (Chair), Huff (Vice Chair), Oropeza, Pavley, Simitian, Kehoe, Wolk, DeSaulnier, Ashburn, Harman, Dutton Veterans Affairs Denham (Chair), Correa (Vice Chair), Wiggins, Negrete McLeod, Cedillo, Wyland, Maldonado There have also been rumors of Senator Steinberg reducing the bill load in the Senate and now he has confirmed that this is on the table, please see the attached article. Senators have previously been able to introduce up to 50 bills over a two year session (no cap on how many of the 50 can be introduced in a single given year), so this change would reduce each Senator's bill load by nearly half. If Steinberg goes through with the reduction, it will be much harder to place bills with Senators, particularly those with a fiscal impact, as Senators will be reluctant to introduce bills that don't have a realistic chance of getting to the Governor. The final day for bill introductions is January 30tH • • • Vnrh!m I inrin Watnr Mctrir -t Ll PROGRAM OR FUNDING FUNDING CURRENT STATUS CURRENT ACTIVITIES UPDATE OPPORTUNITY AMOUNT Current Opportunities Pendin>;: FY 09 Federal Total request in TPA has been working TPA continues to 1/14-Congress continues Appropriations - FY 09: $1.6 extensively with advocate with Miller's to finalize the remaining Highland Reservoir million Congressman Miller's office D.C. and District offices, spending bills for FY 09. Replacement Project over the last several weeks and with the Congressman It is widely anticipated to ensure that all the himself on this request. this will be completed by necessary information We are also working with the end of January with required to push the request Congressman Calvert's the President signing the through has been provided office in support of the bill in very early and is in order. Mr. Miller's request given his February. office ensures us they too appropriations committee have done everything position. possible to work the request at the full Committee level. FY 2010 - Water TBD WRDA forms for the Bryant Senator Boxer's 1/14- Congressman Resources Ranch Non - potable Irrigation Environment and Public Miller's call for WRDA Development Act System were submitted to Works staff is finalizing projects occurred in May (WRDA) Call for both Congressman Miller and the collection of forms 2008, Senator Boxer's Projects Senator Boxer. and the official form was just due on reauthorization process September 12th. TPA will begin early summer submitted the Boxer 2009 form on September 91h. Senator Boxer is prepared to begin working on a WRDA reauthorization in the spring or summer of 2009. This first call for Townsend Public Affairs, Inc. January 14, 2009 • • Yorba Linda Water District Fundinq Opportunity Matrix • Townsend Public Affairs, Inc. January 14, 2009 projects is an attempt to see how many requests came forward and the overall funding needs nationally for such funding. Proposition 50 - Dept. Total request in This pre - proposal grant was TPA continues to monitor 1/14 - We are just waiting of Public Health Grant FY 08: $500,000 submitted in November 2007. DPH's release of those on the remainder of the Program - Non potable DPH did release a partial applications that will be list to be published which Irrigation Project listing of pre - proposals that invited back to submit for should include YLWD's will be invited back for the the full proposal round. submissions. full proposal phase, but the entire list was not posted. DPH estimates the remainder of the list will be available at the end of November. Should YLWD be invited back for the full proposal phase, the list out at the November would include it. Proposition 50- Dept. Total request in This pre - proposal grant was TPA continues to monitor 1/14- The final list is still of Public Health Grant FY 08: $380,000 submitted in November 2007. DPH's release of those pending. Program - Well Head DPH has not released a list of applications that will be No. 15, Removal of applicants who will be invited back to submit in Arsenic and Maganese invited back for the full the full proposal round. proposal round. Future Opportunities: Townsend Public Affairs, Inc. January 14, 2009 • • Yorba Linda Water District Fundina Oaaortunity Matrix • Proposition 50 - Dept. TBD - DWR is The grant application TPA is working with YLWD 1/14-- Originally this pre - of Water Resources currently submission grant is unknown to decide on an proposal application was Water Use Efficiency updating the at this point. appropriate project due on August 20th, but Grant Program guidelines. application for this DWR is reworking the opportunity. guidelines and has not yet determined when the applications will be due. DWR continues to postpone a call for projects at this time. However, based on the Governor and Legislature's effort to fast track existing unappropriated infrastructure bond funding, we expect to see a call for project in very early 2009 Proposition 84 - TBD- DWR is There are two planning TPA is working with YLWD 1/14- DWR has not yet Integrated Regional planning on processes occurring that staff to be included in finalized the draft Water Management sending out YLWD has the opportunity to both of the planning guidelines for the Prop 84 Program draft guidelines be included in. The first is processes, and determine IRWMP, but expects to for public the SAWPA One Watershed eligible projects for release those very late comment late process. The second is the submission into the plans. this year or early next summer 2008. County of Orange's North year. From that point County IRWMP. regional plans must first go through a regionaJae acceptance check of DWR to even apply f funding. Both SAWP the County of Orang Townsend Public Affairs, Inc. January 14, 2009 • • Yorba Linda Water District Fundinq Opportunity Matrix 0 Townsend Public Affairs, Inc. January 14, 2009 preparing to submit to receive regional acceptance and subsequently request for projects from individual agencies and sub - regions all within the Santa Ana Regional Funding area. Proposition 84 - Park With the passage YLWD staff has identified a The Legislature did not 1 /14- Our first step is to Funding of AB 31, the number of reservoirs that actually appropriate a fully develop a Dept. of Parks could be recovered with first round of funding partnership between the and Recreation synthetic turf for city and from the $400 million. School District and the have now begun school district recreational However, DPR plans to YLWD to begin developing to development use. We will be exploring this move forward with the the outline for a project grant guidelines partnership this fall in order grant process with the and ultimately a grant to expend the to begin developing a idea that the Legislature application. We will work $400 million in comprehensive project will put money into the with the YLWD staff on Prop 84 for outline for implementation FY 2010 budget and thus setting up these meeting passive and on the synthetic turf plan. DPR can award funding between now and the active use parks. once the budget is holiday season. approved next year. Townsend Public Affairs, Inc. January 14, 2009 • • YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: December Matter Matter Date Task Order Name Number Opened Amount IT&O. (� L CURRENT FISCAL YEAR 2008 -2009 Current Billing Total Billed to Date Total Billed 2007 -2008 December 24, 2008 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7131/2007 N/A $0.00 $975.50 $11,223.18 OCWD ANNEXATION 040 1/13/1994 N/A $0.00 $5,040.00 $60,261.09 HIDDEN HILLS RESERVOIR 068 8/2512003 $19,615.40 $25,145.90 RWQCB 073 12/18/2002 $0.00 $636.21 $2,161.00 LAKEVIEW RESERVOIR 081 3/2/2005 $20,000.00 $0.00 $1,924.00 $36,645.72 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $1,209.33 $26,032.69 $15,888.25 CELL TOWER 085 7/28/2006 $15,000.00 $0.00 $490.00 $24,162.90 WATER RATES/WATER CONSERVATION 087 7/31/2006 $10,000.00 $11,823.83 $29,646.33 $26,960.50 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $12,522.50 $8,732.10 TOTAL $32,648.56 $102,413.13 $186,034.74