HomeMy WebLinkAbout2008-08-13 - Executive-Administrative-Organizational Committee Meeting Agenda PacketNL
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YORBA LINDA WATER DISTRICT
EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING
Wednesday, August 13, 2008, 4:00 p.m.
1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020
ITEMS DISTRIBUTED TO THE BOARD COMMITTEE LESS THAN 72 HOURS PRIOR
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and
are distributed to the Board 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 hftD://www.vlwdBvlwd.com.
AGENDA
COMMITTEE:
Director John Summerfield, Chair
Director William R. Mills
Alternate: Director Ric Collett
STAFF:
Michael A. Payne, General Manager
Ken Vecchiarelli, Asst. General Manager
• 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 actions.
1. Consider amendments to the Townsend Public Affairs, Inc. Professional Services
Agreement.
Recommendation: That the Committee recommend to the Board of
Directors to amend the Professional Services Agreement with Townsend
Public Affairs, Inc. to include Grant Identification, Preparation and Support
Services.
2. Consider Submitting Legislative Proposals for 1ST year of 2009-2010 Legislative
Session.
Recommendation: That the Committee discuss options and if desired
provide recommendation to the Board of Directors.
0
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. Target levels of the 2005 Urban Water Management Plan
4. Status report on Legislative Issues
5. Status report on Grant Applications
6. Status report on O.C. Advocacy Group
7. 2008 Conflict of Interest Biennial Review
8. Board of Directors Agenda for August 14, 2008.
ADJOURNMENT:
The next Executive-Administrative-Organizational Committee is scheduled for
September 16, 2008, 4:00 p.m.
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 Michael A. Payne, General
Manager/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.
•
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ITEM NO.
•
MEMORANDUM
•
0
To: Mike Payne, General Manager
Yorba Linda Water District
From: Christopher Townsend, President
Sean Fitzgerald, Senior Director
Date: August 1, 2008
Subject: Proposal for Grant Identification, Preparation & Support Services
Our team has greatly enjoyed the privilege of representing the Yorba Linda Water District
over the past two years in an ongoing effort to identify and secure funding opportunities for
the District's priority capital projects. These efforts have ranged from federal appropriations
and authorizations to state agency grants and work with regional entities such as the
Metropolitan Water District. Unfortunately, drastic cuts in federal appropriations earmarks
(including deletion of all earmarks in the FY 07 federal budget) and delays in distribution of
the state's infrastructure bond funds have foiled our efforts thus far, but with four significant
funding opportunities already pending and several others on the horizon, we are confident
that tangible successes will be forthcoming.
This proposal seeks to establish a more project-specific, opportunity-driven relationship
between TPA and the District going forward. Through this reshaped engagement, it is our
intent to provide YLWD Board members and staff with a project-specific breakdown of our
services that will allow for a clear understanding of the tasks our team will perform in relation
to each potential funding opportunity. In addition, we have included within this proposal an
expansion of our services in grant writing and process management, in observance of
changes within YLWD staff responsibilities. The overarching purpose of this proposal is to
more seamlessly integrate our services with YLWD staff, while also facilitating clear, project-
specific reporting of our efforts to both Board and staff.
Onaoinq Efforts
FY 09 Federal Appropriations Request for Highland Reservoir - $1.6 Million
This request enjoys the strong support of Congressman Miller, who has made the
project a top priority within his District for this coming budget year. While we remain
very optimistic of the potential for funding this coming year, it is imperative that
ongoing contact be maintained with Congressman Miller and his staff.
Action Items (Timing):
• Facilitate update briefing for Rep. Miller's district staff (May)
• Ongoing contact by TPA staff, and YLWD Board and staff when appropriate,
with Rep. Miller and his staff. (At least monthly through the fall)
0 • Direct engagement with appropriations staff for Senators Boxer and Feinstein in
preparation for conference committee negotiations (August-September)
FY 09 Federal Authorization Request for Bryant Ranch Non-Potable Irrigation
System - $2 Million
This request has also been made through Congressman Miller's office. This would
seek to establish a federal funding authorization of $2 million for the Bryant Ranch
project in the Water Resources Development Act (WRDA), which will be reauthorized
in the coming months. Inclusion as a line-item authorization within the WRDA bill will
significantly facilitate federal funding for the project in subsequent budget years, as the
project will already enjoy federal approval. Senator Boxer is particularly instrumental
in this effort as the Chair of the Senate Energy and Public Works Committee, which
will oversee the Senate version of the WRDA bill. Also key are Congressman Miller,
who is sponsoring our request, and Congressman Jim Oberstar, who chairs the House
Transportation & Infrastructure committee.
Action Items (Timing):
• Facilitate update briefing for Rep. Miller's district staff (May, in concert with
briefing on Highland Reservoir)
• Ongoing contact by TPA staff, and YLWD Board and staff when appropriate,
with Rep. Miller and his staff. (At least monthly through the fall)
0 • Direct engagement with Senators Boxer and her key staff, including
tour/briefing on the project (As soon as scheduling allows for the tour/briefing)
• Direct engagement with Congressman Jim Oberstar (D-MN), Chair of House
Transportation & Infrastructure committee, including possible tour/briefing on
the project (Contact already made with committee staff, tour will depend on Mr.
Oberstar's schedule)
• Direct engagement with committee staff for both Senate Energy & Public Works
and House Transportation & Infrastructure committees to brief them on the
project (June)
Department of Public Health (CDPH) Proposition 50 Grants
The District submitted two pre-applications to CDPH last year for separate projects.
CDPH had indicated their intention to release the Project Priority List (PPL) for these
grants early in 2008, but has yet to do so. Should either or both of the YLWD pre-
applications be included in this list, the District will be invited to submit a full
application for funding. TPA would manage the preparation of the application(s) in
coordination with YLWD staff.
Action Items (Timing):
• Prepare full application(s) for any CDPH pre-application(s) included on the
Project Priority List (May through July, assuming release of PPL in May)
• Gather letters of support from local legislative delegation, regional water entities
and other organizations (June-July, depending on grant deadline)
• Work directly with CDPH staff on specific issues, as needed (May through July)
pcominq_Qoortunities
Integrated Regional Watershed Management Program (IRWMP)
The Santa Ana Watershed Project Authority (SAWPA) is finalizing its regional
priorities and is expected this summer to initiate a process to solicit projects from
stakeholders within the region. As the governing entity responsible for the
watershed's Integrated Regional Watershed Management Plan (IRWMP), SAWPA
oversees the process of selecting projects that will make up the plan. Because the
state has invested so heavily in the IRWMP process as a means of distributing water-
related funding, it is critical that YLWD aggressively pursue inclusion of its priority
projects.
Timing: DWR anticipates releasing the draft grant guidelines in late summer, with final
guidelines being available by the end of the year. Planning grant solicitations will
occur in early 2009 with awards being announced in mid-2009. Implementation grants
will follow a similar schedule, but are likely to be three-six months behind the planning
grant schedule. DWR has released pre-draft statements that will be incorporated into
the guidelines.
Proposition 84 Parks & Recreation Grants
Though passed in 2006, funding from Proposition 84 for parks and recreation grant
programs has yet to be appropriated by the Legislature. As of the writing of this
proposal, the FY 09 budget included funding for these programs, which would provide
an opportunity for YLWD to pursue funding for synthetic (or natural) turf fields for its
reservoirs.
Timing: Fall 2008
Proposed Scope of Services & Cost
As is the case in our existing engagement with the District, TPA will proactively identify
and consult on potential funding opportunities, remain actively engaged with each part
of the funding process, and plan and implement advocacy strategies designed to
secure funding. In addition, we will continue to provide consulting services on YLWD
projects to assess their potential for funding, including counsel on timing and phasing
of projects.. In our proposed scope of work, we would expand two key areas of our
services that we feel complement the needs of YLWD at this time:
1. Weekly Reports on Grant Identification: Utilizing the resources of our team,
a weekly report tailored to the YLWD and its funding needs will be prepared,
forwarding all relevant opportunities within those funding areas. Based on a
cursory assessment by those on your team's distribution list, TPA can be
directed to provide additional information or conduct additional research on a
given opportunity.
2. Preparation of grant summaries: For opportunities that are identified by
YLWD staff as potentially relevant to a District project, TPA will prepare and
distribute a specialized grant summary providing more detailed, but still
succinct, information about the grant it's potential application to the District's
projects.
• I Grant writing services: Once the decision has been made to pursue a
particular opportunity, TPA will serve as the primary grant writer to ensure
timely submission and an effective application. Through these services, we will
relieve the District staff of the intensive writing that competitive grant
applications require, instead relying on the District only to provide technical and
financial information and to approve completed applications.
Despite the increased level of work covered by this scope of services, we would
propose no additional cost to the District beyond our current monthly fee of $5,000.
Thank you for the opportunity to work on behalf of the Board and staff of the Yorba
Linda Water District.
•
0
ITEM NO. L
AGENDA REPORT
0 Committee Meeting Date: August 13, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact: Cindy Mejia, Management Analyst
Reviewed by General Counsel: No Budgeted: No Total Budget: $ TBD
Funding Source: Sewer Operating Fund
CEQA Account No: Job No:
Compliance: N/A Estimated Costs: $ TBD Dept: Admin
Subject: Consider Submitting Legislative Proposals
SUMMARY:
Attached for the Executive Committee's consideration is a request from the Association of
California Water Agencies (ACWA) asking member agencies to consider providing suggestions
for legislative proposals to ACWA.
DISCUSSION:
The ACWA State Legislative Committee is requesting member agencies suggest legislative
proposals for consideration by the committee. The Legislative Committee will meet on October
24 to prepare for the first year of the 2009-2010 California Legislative Session. The deadline for
submission of proposals is September 5, 2008.
The District has been active in monitoring and participating in the legislative process related to
the provision of water services. In August of 2005, the Board of Directors responded to ACWA
requesting legislative proposals be considered to protect special district revenue from raids by
the state legislature and also to eliminate the requirement for water providing agencies to mail a
copy of the annual consumer confidence report to each of their customers. Neither request was
approved by ACWA.
There is one area the District may want to consider and that is to change the Sanitation District
Act to add this District to the Board of Directors of the Sanitation District of Orange County. As
you know, our District provides sanitary sewer service to residents and businesses in portions of
the cities of Yorba Linda and Placentia. The City of Yorba Linda and the City of Placentia also
provide sanitary sewer service to the balance of their respective cities. Both cities have
representation on the Board of Directors of the OCSD.
•
Staff does not believe ACWA would carry this legislation as it pertains to sanitary sewer service,
and it is an isolated agency and not a state-wide issue. With that said, the Board may want to
pursue this issue on its own. If the District chooses to pursue this issue, outside resources
would be contacted.
PRIOR RELEVANT BOARD ACTION(S):
In August of 2005, the Board of Directors requested ACWA consider submitting legislative
proposals on two issues listed above.
STAFF RECOMMENDATION:
That the Committee discuss options and if desired provide a recommendation to the Board of
Directors.
•
0
Association of California Water Agencies
Since 1910
*****MEMORANDUM*****
STATE LEGISLATIVE PROPOSAL DEADLINE
September 5, 2008
July 7, 2008
TO: ACWA Members
FROM: Ron Davis, State Legislative Director
SUBJECT: Request for Legislative Proposals for 1st year of
2009-2010 Legislative Session
The ACWA State Legislative Committee will meet at the ACWA offices in Sacramento on October
@ 24, 2008 to prepare for the first year of the 2009-2010 California Legislative Session. The committee
will consider legislative proposals submitted by ACWA member agencies for proposed introduction
in the upcoming session of the California Legislature. The committee will evaluate proposals, provide
feedback to the proposing agency, and determine whether to support or sponsor legislation based on
ACWA's goals and objectives. The planning meeting provides an interactive opportunity to obtain
comments from member representatives from regions throughout the state.
Here's what you need to do:
1) Complete the Legislative Proposal form. The form outlines the necessary information needed
for consideration by the State Legislative Committee. The form is available on our website at
http://www.acwa.com//issues/billtracking/leg%20proposals.asp
2) Obtain a resolution passed by your board of directors in support of the proposal.
3) Submit your proposals along with your resolutions NO LATER THAN FRIDAY,
SEPTEMBER 5, 2008. Send the completed form to the attention of Antonio Alfaro, ACWA
State Legislative Analyst, 910 `K' Street, Suite 100, Sacramento, CA 95814 or email your
proposal to antonioa@acwa.com. Proposals submitted after the deadline may be delayed
for consideration until the October 2009 meeting.
4) Antonio will contact you at a later date to schedule your presentation at the Legislative
Planning Meeting on Friday, October 24, 2008.
Please do not hesitate to call Antonio at (916) 441-4545 or email him at antonioaawacwa.com if you
have any questions or would like additional assistance. Please call ACWA's legislative advocates if
you would like to discuss your proposal before formally submitting it. A list of their subject
assignments is enclosed.
Association of California Water Agencies 910 K Street, Suite 100, Sacramento, California 95814-3577 916/441-4545 FAX 916/325-4849
Hall of the States 400 N. Capitol St., N.W., Suite 357 South, Washington, D.C. 20001-1512 202/434-4760 FAX 202/434-4763
B. What are you trying to accomplish or prevent through this proposal?
C. Has a similar bill ever been previously introduced? If so, please identify the bill, the
legislative session, year, and outcome, if known.
D. Could this bill impact more than one agency? Would this proposal affect only your district?
Which ACWA member agencies and what type(s) of agency (e.g. county water district,
municipal water district, flood control agency, etc.) are likely to be impacted by this
legislation?
•
ACTIONS
A. What type of action would you like ACWA to take regarding this proposal if it moves
through the legislative process?
Note: A "support" position means ACWA will support legislation once it
is introduced. The State Legislative Department lobbyists will write
position letters on the bill and offer testimony in committee hearings. A
"sponsor" position indicates that ACWA will attempt to secure a legislator
to introduce the proposed legislation, and will actively lobby on the bill's
behalf throughout the year-long process.
Sponsor Support
•
2
0 B. Please list statewide or local organizations that are likely to support or oppose your
legislative proposal and why (include specific reasons).
C. Who are your local State Legislators? Have you ever contacted them regarding this
proposal? If so, who, when, and what was the outcome of the discussion? Have they
indicated a willingness to author or support this proposal, or conversely, could they oppose
it?
D. List local water district witnesses that would be available to testify before legislative
committees in Sacramento, accompanied by an ACWA Legislative Advocate, on behalf of
this proposal. Include the organization each witness represents with his or her name, phone
number, email address, and other contact information.'
PROPOSAL
A. California Code Sections to be amended or added:
•
3
B. Please attach the proposed bill language and any additional background information that
could assist the State Legislative Committee in assessing your proposal, such as newspaper
articles, internal water agency correspondence, newsletters, and legal advice or opinions.
C. Describe specific examples illustrating the problem you are trying to fix. Attach additional
sheets if necessary.
D. Attach a copy of a resolution passed by your agency's Board of Directors in support of this
proposal.
E
4
State Legislative Department
Staff Subject Matter Assignments
RON DAVIS. State Leaislative Director
RDavis(n)acwaxom
WHITNIE HENDERSON. Leaislative Advocate
WhitnieH(wacwaxom
WENDY RIDDERBUSCH. Leaislative Advocate
WendvR(dacwaxom
SUBJECT AREA STAFF
Administrative Procedures Act
JWhitnie Henderson
Assessments, Fees & Charges
JWendy Ridderbusch
ICALFED
JAII
♦ Budget
JWendy Ridderbusch
♦ Environmental Water Account
JRon Davis
♦ Governance
JRon Davis
♦ Water Storage
JRon Davis
♦ Water Conservation
JWhitnie Henderson
California Endangered Species Act (CESA)
JWendy Ridderbusch
California Environmental Quality Act (CEQA)
JWhitnie Henderson
Elections, Initiative & Referendum
Eminent Domain / Inverse Condemnation
JWhitnie Henderson
JWhitnie Henderson
Employment & Employee Relations
JWhitnie Henderson
♦ Prevailing Wage
JWhitnie Henderson
♦ Public Agency Employees
JWhitnie Henderson
JEnergy & Utilities
JWendy Ridderbusch
♦ Conservation / Demand Reduction
JWendy Ridderbusch
♦ Generation
JWendy Ridderbusch
♦ Rates / Regulation (PUC)
JWendy Ridderbusch
Finance & Investments
JWendy Ridderbusch
Fish and Wildlife Protection
JWendy Ridderbusch
♦ Fish Screens
JWendy Ridderbusch
♦ Streambed Alteration Agreements
JWendy Ridderbusch
Flood Protection
I Ron Davis
Flood Plain Management
JRon Davis
Fully Protected Species
JWendy Ridderbusch
Groundwater/ Conjunctive Use
JWhitnie Henderson
Insurance & Liability
JWhitnie Henderson
LAFCO (Local Agency Formation Commission)
JRon Davis
Land Use & Planning
JWhitnie Henderson
Levees
JRon Davis
11-ocal Government Organization
JRon Davis
State Legislative Department
Staff Subject Matter Assignments
Mutual Water Companies
(Wendy Ridderbusch
Natural Community Conservation Plans (NCCP's)
(Wendy Ridderbusch
Natural Disasters / Droughts
(Wendy Ridderbusch
Occupational Safety & Health
IWhitnie Henderson
Open Meeting Laws (Brown Act)
IWhitnie Henderson
Parks & Recreation
!Wendy Ridderbusch
Political Reform Act
IWhitnie Henderson
Privatization
!Ron Davis
Property Tax & ERAF
(Wendy Ridderbusch
Public Contracts
(Wendy Ridderbusch
♦ Competitive Bidding
(Wendy Ridderbusch
♦ Force Account
(Wendy Ridderbusch
Public Employees Retirement System (PERS)
IWhitnie Henderson
Public Records Act
(Wendy Ridderbusch
Recycled Water
(Wendy Ridderbusch
♦ Desalination
(Wendy Ridderbusch
Redevelopment
(Wendy Ridderbusch
Safe Drinking Water
IRon Davis
State Boards, Commissions & Agencies
(Wendy Ridderbusch
State Budget
(Wendy Ridderbusch
Subdivision Map Act
IWhitnie Henderson
Water Bonds
IAII
Water Quality
(Ron Davis
♦ Hazardous Substances / Toxics
!Ron Davis
♦ Nonpoint Sources
IRon Davis
♦ Solid Waste
IRon Davis
♦ Underground Storage Tanks
(Ron Davis
♦ Wastewater Treatment
IRon Davis
Water Resources Development
!Ron Davis
Water Rights
IWhitnie Henderson
Water Transfers
IWhitnie Henderson
♦ Water Marketing
IWhitnie Henderson
♦ Wheeling
IWhitnie Henderson
Water Use Efficiency / Water Conservation
IWhitnie Henderson
Watershed Protection
(Wendy Ridderbusch
Wetlands
(Wendy Ridderbusch
Wild & Scenic Rivers
(Wendy Ridderbusch
Workers Compensation
IWhitnie Henderson
0
ITEM NO.
AGENDA REPORT
Committee Meeting Date: August 13, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact: Ken Vecchiarelli, Asst. General Manager
Reviewed by General Counsel: N/A Budgeted: Yes Total Budget: $
Funding Source: Water Operating Fund
CEQA Account No: 121580 Job No:
Compliance: N/A Estimated Costs: $ Dept: Admin
Subject: Amendments to the Action Stage Levels identified in Chapter 8.1.1 of the Water
Shortage Contingency Plan in the 2005 Urban Water Management Plan.
SUMMARY:
Following two straight years of below-average rainfall, very low snowmelt runoff and the
largest court-ordered water transfer restrictions in state history, Governor Arnold
Schwarzenegger recently proclaimed a statewide drought and issued an Executive Order,
which takes immediate action to address a dire situation where California communities are
being forced to mandate water conservation or rationing.
DISCUSSION:
In response to the Governors Executive Order to address the issue of voluntary and
mandatory water rationing and the threat of the Metropolitan Water District imposing water
allocations in 2009, the Board of Directors adopted Resolution No. 08-07 implementing
Level 1 of the 2005 Urban Water Management Plan calling for a voluntary 10% water
conservation reduction District wide. This resolution was adopted by the Board at its
meeting on June 18, 2008.
The Board of Directors also instructed staff to bring back a report to amend the Action
Stage Levels identified in Chapter 8.1.1 of the Water Shortage Contingency Plan in the
2005 Urban Water Management Plan.
Staff has researched Ordinance 91-02 and the Water Shortage Contingency Plan in the
2005 Urban Water Management Plan and will present its findings to the Committee.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors adopted updates to the Urban Water Management Plan in 1990,
1995 and 2000, with the latest update to the Plan being adopted on December 22, 2005.
The Board of Directors also adopted Resolution No. 08-07, A Resolution of the Board of
Directors of the Yorba Linda Water District Implementing Level 1 of the 2005 Urban Water
Management Plan calling for a voluntary 10% water conservation reduction District wide.
STAFF RECOMMENDATION:
That the Committee discuss the Action Levels of the 2005 Urban Water Management Plan
and provide direction to staff.
•
0
CHAPTER 8.0: WATER SHORTAGE CONTINGENCY
10 PLAN
With population growth, energy shortages, earthquakes, and the threat of terrorism experienced
by California; maintaining the gentle balance between water supply and demand is a
complicated task that requires planning and forethought. In the event that a water shortage
occurs, simple measures can be implemented to conserve the water supply at a public level.
Urgency Ordinance No.91-02 (Appendix E) enables the YLWD Board of Directors to adopt an
emergency water management program if the necessity is found. In addition, the California
legislature enacted in 1949 specific statutory authority for rationing applicable to all public water
supply distributors (California Water Code, Sections 350-358). The water supplier does not
have to be in an actual drought condition where there is not enough water for human
consumption, sanitation, and fire protection; merely the threat of the condition occurring is
enough. Once a local agency has declared the existence of an emergency condition or a water
shortage, it is empowered to adopt regulations and restrictions on the delivery and consumption
of water to conserve the water supply for the greatest public benefit. Service can, if necessary,
be discontinued to customers who willfully violate established regulations.
The following conditions characterize urgency and require the Ordinance to take effect:
1. California is in the fifth consecutive year of drought conditions; and,
2. Precipitation for the current water year is substantially below normal in the watersheds of the
water supplies serving Southern California; and,
3. The completion of the State Water Project to Southern California are being cutback; and,
4. Metropolitan has instituted water conservation goals with severe monetary penalties for not
meeting the goal; and,
5. MWDOC, as a member agency of Metropolitan, has also instituted water conservation goals
with severe monetary penalties for YLWD.
6. YLWD has broad authority to enact water conservation rules under the laws of the State of
California; and,
7. The public's adoption of water conservation measures is now, or may be, necessary to
avoid or minimize the effects of the water shortage in Southern California.
0 Risk Management Professionals
8.1.1 Stages of Action
In Table 8.1-1: Water Supply Shortage Stages and Conditions, stages are discussed during
which various conservation measures will be imposed by Ordinance No. 91-02, beginning with
voluntary conservation and leading to various stages of mandatory compliance in the event that
the water supply experiences shortages up to a 50% reduction of the water supply.
Water Supply Conditions
Percent Shortage
Level 1: Voluntary Conservation Measures (Targeted 10% Reduction)
Level 1 measures may be declared by the Board of The Board of Directors shall, by separate
Directors when, in their judgment, the possibility exists Resolution, establish voluntary conservation
YLWD may not be able to meet all of the demands of goals and advise customers of ways to
its customers without punitive surcharges levied conserve water.
against YLWD due to restrictions on imported supply.
Level 2: Mandatory Conservation - Water Watch (Targeted 25% Reduction)
Level 2 measures, hereinafter referred to as "Water
Watch", may be declared by the Board of Directors
when, in their judgement, the probability exists that
YLWD will not be able to meet all of the water
demands of its customers without punitive surcharges
levied against YLWD due to restrictions on imported
supply.
Level 3 measures, hereinafter referred to as "Water
Warning", may be declared by the Board of Directors
when, in their judgment, YLWD will not be able to meet
all of the water demands of its customers without
punitive surcharges levied against YLWD due to
restrictions on imported supply.
0 Risk Management Professionals
The Board of Directors shall, by separate
Resolution, determine the extent of
conservation required by setting a percentage
of the Base Target Amount for high priority and
low priority water use, advise customers of
ways to save water and may enforce such
allocation by mandating certain practices......
The Board of Directors shall, by separate
resolution, determine the extent of conservation
required, set a percentage of the Base Target
Amount for high priority and low priority water
use, advise customers of ways to save water
and may enforce such allocation by mandating
certain practices.....
8-2
•
Water Supply Conditions Percent Shortage
Stage 4: Water Emergency (Targeted 50% Reduction)
Level 4 measures, hereinafter referred to as "Water
The Board of Directors shall, by separate
Emergency", may be declared by the Board of
Resolution, determine the extent of
Directors when the failure of any supply or distribution
conservation required, set a percentage of the
facility, whether temporary or permanent, occurs in the
Base Target Amount for high priority and low
water distribution system of the State Water Project,
priority water use, advise customers of ways to
Metropolitan Water District of Southern California,
save water and may enforce such allocation by
Municipal Water District of Orange County, Orange
certain practices.
County Water District or Yorba Linda Water District
may seriously affect the ability to supply water to
customers.
8.1.2 Discussion of the Base Target Amount
1 A Base Target Amount shall be established for each connection in the YLWD corresponding
to the average water consumption by meter size for areas with similar land uses, lot or home
size, landscape sophistication and economic location for each two month billing cycle in
fiscal year 1989-1990.
2 The Base Target Amount for the residential customers may be adjusted to account for
families larger than the YLWD wide average of three (3) persons per household at the rate
of 100 gallons per day per additional person for four (4) to a maximum of seven (7) persons
per household.
3 Customers with multiple metered connections in the same revenue classification, serving
similar land uses may, upon approval in advance by the YLWD, allocate the Base Target
Amount between their connections.
4 In cases where there is insufficient historical data to establish a Base Target Amount, YLWD
shall establish a Base Target Amount by comparing water users similar as to type, lot or
home size, landscape sophistication and economic location.
5 The Base Target Amount may be established and adjusted based upon a determination by
the Board of Directors of high priority and low priority water uses.
Risk Management Professionals
Ol
•
•
In order to prepare for and prevent water supply shortage, it is useful to estimate the future
minimum supply. The minimum water supply available to the Yorba Linda Water District for
next three years is estimated based upon the driest three year historic sequence, and is
compared to a normal three year estimate. To balance the effects of multiple dry years, more
water will be imported from MWDOC resulting in an increase in the minimum supply during
multiple dry years compared to normal years.
Through regional modeling efforts, MWDOC has determined minimum water supplies available
for the Yorba Linda Water District for each of the next three years, 2006 - 2008. Table 8.2-1:
Three-Year Estimated Minimum Water Supply compares supplies available under normal
conditions and supplies available under a hypothetical repeat of the historical driest three year
period for the Yorba Linda Water District, 1959-1961.
During multiple-dry years, less local supplies are available for retail consumption and retail
demands increase, resulting in the use of increased imported supplies from Metropolitan, via
MWDOC, to offset the reduction in local supplies. Even with the decrease in local supplies,
Yorba Linda Water District is expected to meet all retail consumption during a three-year dry
period of 2006-2008 based on the three driest years on record. In addition, Metropolitan is
expected to be able to supply all of MWDOC's imported water during the same period.
Metropolitan's 2005 Regional Urban Water Management Plan indicates that Metropolitan can
provide 100% of the supply demanded by its member agencies until 2030.
Source
Normal Year
Multiple Dry Year
nge County Basin)
esale Water
)politan (via MWDOC)
2006 2007 2008
2006 2007 2008
12,555 13,876 14,721 12,795 13,833 15,491
12,372 11,346 10,796 13,804 12,327 11,447
'otal 24,926 25,222 25,517 26,599 26,160 26,939
Risk Management Professionals
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As a California jurisdiction, the Yorba Linda Water District could experience a catastrophic
interruption in the water supply as a result of a regional power outage, earthquake, terrorism, or
other event. A successful recovery plan is dependent upon an in-depth understanding of the
vulnerability of each source of supply, delivery system, and distribution system to potential
catastrophes. Possible catastrophes are listed in Table 8.3-1 and preparation actions being
taken to reduce the severity of each event are discussed below.
Possible Catastrophe
8.3.1 Regional Power Outage
Check if Discussed
J
J
J
The operation of YLWD's groundwater wells and booster pump stations is dependent on the
energy source. Backup sources of energy such as propane tanks, emergency generators, and
natural gas supplies, are available at many of YLWD's facilities. These alternative energy
sources improve the reliability of YLWD's water supply. Additionally, the existence of multiple
wells within YLWD's facilities creates redundancy and reduces the likelihood that all wells will be
out of service simultaneously.
8.3.2 Earthquake
The Yorba Linda Water Distract has implemented seismic criteria (e.g., seismically actuated
valves, flexible piping, etc.) into the design of new reservoirs as the standard since 1997. In
addition, flexible piping is used for the gas lines providing power to booster pumps and well
sites.
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YLWD has developed a comprehensive Emergency Response Plan to address the specific
responses to earthquakes, damage assessments, evacuations, and major line breaks. The
Emergency Response Plan also identifies agency and mutual aid contacts to help restore
YLWD's critical water system infrastructure.
8.3.3 Terrorism
To address terrorism catastrophes, YLWD has completed an extensive Security Vulnerability
Assessment according the Sandia National Laboratories Risk Assessment Methodology for
Water Systems (RAM-Wsm). As part of this project, YLWD prioritized criteria, prioritized
facilities, characterized high priority facilities, developed threat scenarios based upon threat
assessment methodologies, and used a Scenario-Based Assessment approach to develop
recommendations in the form of prioritized lists of security countermeasures. YLWD is currently
implementing these recommendations; however, due to the security sensitive nature of the
information these recommendations are not included in this Urban Water Management Plan
0 Risk Management Professionals
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YLWD is organized pursuant to the provisions of County Water District law under Division XII of
the California Water Code (Section 30000 et seq.). Accordingly, YLWD has the authority to
adopt Ordinances and Rules and Regulations to:
1. Restrict the use of water during any emergency situation caused by drought or other
conditions.
2. Prohibit the waste of water or the use water during such periods for any purposes other
than household, restricted, or nonessential uses as determined by the district.
8.4.1 Water Shortage Planning
8.4.1.1 Metropolitan
In November, 1990, as a result of limited supplies, Metropolitan developed a water conservation
program called the Incremental Interruption Conservation Program (IICP), intended to reduce
the amount of water delivered to its member agencies under severe deficiencies. The IICP
established six levels of reduction by up to 50% depending on drought and water supply
conditions. Metropolitan's IICP is no longer in effect.
Revisions of the IICP and deletion of the voluntary stage (Stage 1) were adopted by
Metropolitan's Board of Directors in the Metropolitan 1995 Drought Management Plan (DMP).
This plan included step-by-step strategies for evaluating supply and demand conditions and
utilizing Metropolitan's available options. Several phases are incorporated into the DMP with
the final phase being the implementation of mandatory stages of the IICP. The 1995 DMP was
not implemented in 1995 because of the above normal statewide precipitation in January and
February of that year and because Metropolitan received a 100 percent allocation of its State
Water Project supply.
As part of the implementation of the regional Integrated Resources Planning (IRP), Metropolitan
developed a Water Surplus and Drought Management (WSDM) Plan for Southern California in
April 1999. The guiding principle of the WSDM Plan is to manage Metropolitan's water
resources and water management programs to minimize the adverse impacts of water supply
shortages to retail customers. The WSDM Plan contains specific actions to be taken in drought
conditions to meet consumptive demands for water. This plan directs Metropolitan's resource
operations to help attain the region's 100% reliability goal. The WSDM Plan was updated in
0 Risk Management Professionals
2004 to account for changes impacting supplies from the Colorado River and California's Bay-
Delta. In the past, Metropolitan has developed drought management plans that simply
addressed shortage actions and primarily focused on issues of short-term conservation and
allocation of imported water. The WSDM Plan recognizes the interdependence of reliability.
The overall goal of the WSDM Plan is to ensure that shortage allocation of Metropolitan's
imported water supplies is not required.
8.4.1.1 Yorba Linda Water District
YLWD has implemented many of the voluntary and mandatory programs identified in Chapter 6
of this Plan. These programs are designed to either increase local supply and/or reduce
consumption during short term and/or long term deficiency periods. YLWD's response to water
supply shortages is only part of a coordinated effort that includes, but is not limited to, planning
by Metropolitan, MWDOC, OCWD, other agencies adjacent to the District, the City of Yorba
Linda and other cities in YLWD's jurisdiction.
Yorba Linda Water District has many water conservation programs and practices in place. A
decrease in the reliable water supply from imported sources and the yearly increases in
population require that Yorba Linda Water District encourage the best and most efficient use of
water within the service area. Toward this end the measures, programs and practices
described in this Chapter have been implemented by the District.
The precise timing to implement the voluntary or mandatory programs and the extent to which
these programs are implemented will depend upon the best available facts at the time a
decision needs to be made. Implementation may vary according to the perceived need,
confirmation of the severity of an actual shortage and anticipated duration of the shortage.
Reference is made to the 2005 Urban Water Management Plans adopted by Metropolitan Water
District of Southern California and Municipal Water District of Orange County, and to Orange
County Water District's "2020 Plan".
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0 8.4.2 Consumption Reduction Methods and Mandatory Prohibitions
Exhibit "A" of Ordinance 91-02 urges residential, commercial, and public water consumers to
adopt voluntary water conservation measures. The Water Conservation Practices contained in
the Ordinance are listed below in Table 8.4-2: Consumption Reduction Methods. Voluntary
water conservation goals (i.e. reduction percent) shall be established by the Board of Directors
by a Resolution in the event that urgency exists. As addressed in Table 8.1-1: Water Supply
Shortage Stages and Conditions, the Board of Directors has the authority to mandate such
conservation practices by separate Resolution. The resolution shall address the extent of
conservation required by setting a percentage of the Base Target Amount for high priority and
low priority water use, and advise customers of ways to save water.
Consumption Reduction Methods and Prohibitions Actuation
Stage
Customer Actions
•
Check monthly for plumbing leaks and any leaks found should be repaired
1. Level 1
immediately.
Irrigate commercial nurseries, golf courses, parks, school yards, traffic
medians and other public open space and other non residential landscaped
2. Level 1
areas no more often than every third day, and only between the hours of
6:00 p.m. and 5:00 a.m.
Reduce outside irrigation schedules to the absolute minimum to keep
3. Level 1
important plants alive. Withhold fertilizer to inhibit new growth.
Residential customers with addresses ending with an even number water
lawns, landscaping and other turf areas only on even number days of the
month and between the hours of 4:00 p.m. and 10:00 a.m. Residential
4. Level 1
customers with addresses ending with an odd number water lawns,
landscape, and other turf areas only on odd number days of the month and
between the hours of 4:00 p.m. and 10:00 a.m.
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•
•
5 Adjust sprinklers to avoid "watering" sidewalks and gutters, and lower
.
pressure to avoid creating a wasteful mist.
Eliminate washing of sidewalks, walkways, buildings, walls, patios,
driveways, parking areas or other paved surfaces, or walls except to
6. eliminate conditions dangerous to public health or safety or when required
as surface preparation for the application of architectural coating or painting,
and to alleviate immediate fire hazards.
Curtail water use to clean, fill or maintain levels in decorative fountains,
7. ponds, lakes, or other similar aesthetical structures unless such water use is
approved in advance by YLWD.
Curtail water used for the initial filling or refilling of swimming pools, spas or
8. ponds unless such water use is approved in advance by YLWD.
Replacement due to evaporation is permitted.
Curtail washing of motor vehicles, trailers, boats and other types of
9 equipment unless a bucket and a hose equipped with a positive shutoff
.
nozzle for quick rinses is used. Washing of vehicles may be done by a
commercial car wash that uses recycled water.
Display notice that water will be served only upon request at all restaurants,
10. hotels, cafes, cafeterias or other public place where food is sold, served or
offered for sale.
Water should only be served when requested by a customer in restaurants,
11. hotels, cafes, cafeterias or other public places where food is sold or offered
for sale.
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
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Actuation
Consumption Reduction Methods and Prohibitions
Stage
•
Post notice of the water supply shortage in each room of hotels, motels,
inns, guest houses, bed and breakfast facilities and short-term commercial
12,
lodgings along with an explanation of necessary compliance measures
taken by the establishment.
Install low-flow shower heads, toilet dams or low-flow toilets, and faucet
13. flow restrictors in each room of hotels, motels, inns, guest houses, bed and
breakfast facilities and short-term commercial lodgings.
14. Hand water plants with a positive shut-off hose nozzle.
15. Place a plastic bottle, bag or dam in all toilets.
16. Use automatic dish and clothes washers for full loads only.
17 Insulate hot water pipes to reduce waiting time for hot water. Install
.
circulating hot water system or point-of-use water heater.
18. Turn off the water while brushing teeth, washing hands and/or shaving.
19. Install water saving shower heads and/or flow restrictors.
Take shorter showers. Turn off the water when lathering, shampooing, or
20.
shaving. Turn the shower back on to rinse.
Capture bath/shower warm-up water in buckets and use the water to irrigate
21.
plants or to flush toilets.
22. Use garbage disposers sparingly.
23. Do not plant any annuals or new plants that will require extra watering.
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
Level 1
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Actuation
Consumption Reduction Methods and Prohibitions
Stage
•
10
Place mulching material in landscaped areas to decrease soil moisture
24. Level 1
evaporation.
25. Use a broom to clean outside patios, porches and sidewalks. Level 1
Cover spas and swimming pools when not in use. If spa or pool will not be
26. used, make necessary preparations for not refilling the spa or pool while Level 1
shortage lasts.
District Actions
Limit use of water from fire hydrants to fire fighting, approved construction
1. activities or other activities as approved by YLWD as necessary to maintain Level 1
the health, safety and welfare of the public.
Turn off all construction meters until the condition(s) causing the shortage
2, Level 1
are abated to the satisfaction of the General Manager.
3. Issue no construction meters for earth work or road construction purposes. Level 1
4. Moratorium on new service connections. Level 1
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Actuation
Consumption Reduction Methods and Prohibitions
Stage
•
•
8.5.1 Penalties
The following enforcement measures shall apply to any customer who willfully disregards any of
the mandated and/or prohibited water management practices.
Warning
Letter Explaining Violation
Flow Restricting Orifice
Charges
Excess Water Use Rate
One-Time Charge of Two Times the Latest
Water Bill
Charge for Costs of Installation and Removal
of Flow Restricting Orifice
15' Violation
2"d Violation
3rd Violation
Stage When Penalty Takes Effect
Any Violation
2nd Violation
3rd Violation
8.5.1.1 First Violation
A written warning shall be mailed to the customer. The warning shall state the violation and that
if the matter is not corrected, additional enforcement measures may be taken.
8.5.1.2 Second Violation
A letter shall be mailed to the customer explaining the violation and a one time charge equal to
two times the most recent water bill will be charged to the customer.
8.5.1.3 Third Violation
An orifice flow restrictor will be inserted into the customer's meter to reduce the rate of flow.
The orifice will remain in the service line for one billing cycle. The customer shall pay the cost to
insert and remove the orifice flow restrictor.
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Penalties Stage When Penalty Takes Effect
8.5.1.4 Fourth and Subsequent Violations
Service of water will be subject to further restriction with an orifice or termination of service. The
term is at the General Manager's discretion so as to minimize the health and safety affects to
the customer.
8.5.1.5 Excess Water Use Rate
Water consumption in excess of the Base Target Amount or percentage of the Base Target
Amount established or as modified by the Board of Directors will be charged to YLWD's current
water rate plus a surcharge equal to the accumulative cost per acre foot of any penalty rate
adopted by Metropolitan plus any penalty rate adopted by MWDOC plus any penalty rate
adopted by OCWD converted to a unit cost per on hundred cubic feet.
8.5.2 Due Process Procedures
8.5.2.1 Notification
The General Manager shall notify a customer that YLWD intends to surcharge water usage or to
restrict or shut off water service. In the cases of flow restriction or shut off, the notice shall be
delivered at least 72 hours in advance. The General Manger shall provide an opportunity to the
customer within that time to dispute YLWD's determination of non-compliance with Ordinance
No. 91-02 (Appendix E) or to demonstrate that compliance has been achieved subsequent to
the notice.
8.5.2.2 Compliance Period
The General Manager may revoke, modify, or extend time for compliance with a notice of intent
to surcharge water usage or to restrict or shut off water service if the General Manager is
reasonably satisfied that such action will be consistent with the best interests of YLWD and/or
the purposes of Ordinance No. 91-02 (Appendix E).
8.5.2.2 Restoration of Service
The General Manager shall provide for restoration of restricted or shutoff service upon a
determination that appropriate steps to assure compliance with Ordinance No. 91-02 (Appendix
E) have been taken. The customer shall be responsible, as a precondition of service
restoration, to pay YLWD's normal and usual shutoff and turn-on fees and to comply with such
other YLWD Rules and Regulations as apply to customers' service shutoff for nonpayment of
water bills.
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In the event that a decrease in water supply occurs for an extended period of time, YLWD could
face a potential loss requiring the water enterprise to draw from any reserves and also re-
examine the revenue stream in order to balance the budget. It is thus important to consider
possible measures to overcome revenue and expenditure impacts.
8.6.1 Measures to Overcome Revenue Impacts
Names of Measures Check if Discussed
1. Rate Adjustment
2. Water Fund Balance
0 3. Bonds
1. Rate Adjustment
Should YLWD experience a significant decrease in water supplies for an extended period of
time, the Board of Directors would consider a water rate increase or water fee surcharge to
cover any revenue shortfall due to water shortages or conservation measures.
2. Water Fund Balance
YLWD maintains a Water Fund Balance that can be drawn upon for minor revenue shortfalls
that need to be addressed immediately from decreased water supplies. The Board of Directors
would consider a rate increase to restore this fund for future unexpected emergency situations.
3. Bonds
YLWD maintains a high bond rating in order to secure bonds for unexpected facility
replacements and repairs.
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0 8.6.2 Measures to Overcome Expenditure Impacts
1. Capital Improvements Program
1. Capital Improvements Program
The Yorba Linda Water District is committed to increasing their ability to produce groundwater
from the Santa Ana Basin by means of improvements to their water system. These
improvements will reduce YLWD dependency on more expensive water purchased from
MWDOC.
1 ]
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Names of Measures Check if Discussed
•
1. Production Meter Readings GPD
2. Imported Water Metering GPD
3. Residential Water Metering and Site GPD
Monitoring
1. Production Meter Readings
YLWD has meters on all wells that provide access to daily water use readings. An analysis of
the daily production meter readings will provide values for actual reductions in water use.
2. Imported Water Metering
YLWD has meters on all imported water connections that provide access to readings of daily
quantities of imported water.
3. Residential Water Metering and Site Monitoring
During stages of mandatory conservation, YLWD will conduct monthly residential meter
readings and site monitoring, as necessary. Site monitoring will be prioritized based upon the
amount of water consumed. For those customers not in compliance with the mandatory
conservation, YLWD will manually shut-off the connection until compliance is confirmed.
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Mechanisms for Determining Actual Type of Data Expected
Reductions
ORDINANCE NO. 91-02
AN URGENCY ORDINANCE
OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
FINDING THE NECESSITY FOR
AND ADOPTING AN EMERGENCY
WATER MANAGEMENT PROGRAM
WHEREAS, California is in the fifth consecutive year of drought conditions; and,
WHEREAS, precipitation for the current water year is substantially below normal in the
watersheds of the water supplies serving Southern California; and,
WHEREAS, the completion of the State Water Project continues to be delayed; and
WHEREAS, water deliveries from the State Water Project to southern California are being
cutback; and
WHEREAS, the Metropolitan Water District of Southern California has instituted water
conservation goals with severe monetary penalties for not meeting the goal; and,
WHEREAS, the Municipal Water District of Orange County, as a member agency of the
Metropolitan Water District of Southern California, has also instituted water
conservation goals with severe monetary penalties for the Yorba Linda Water
District; and,
WHEREAS, the Yorba Linda Water District (hereinafter referred to as District) has broad
authority to enact water conservation rules under the laws of the State of California;
and,
WHEREAS, the public's adoption of water conservation measures is now, or may be, necessary
to avoid or minimize the effects of the water shortage in southern California.
NOW, THEREFORE, BE IT ORDAINED THAT THE BOARD OF DIRECTORS OF
THE YORBA LINDA WATER DISTRICT, under the authority of Water Code Sections 350 et
seq, 375 et seq, 31024, 31026 and 31027 as follows:
Section 1. Findings - Declaration of Water Shortage Emergency.
The Board does hereby find that the matters set forth in the recitals above are true and correct and
constitute an emergency condition or a threatened or existing water shortage condition within the
District. These conditions require this urgency Ordinance to take effect immediately.
Section 2. Priority Uses of Water.
In order to promote water conservation, the objective of the different Levels of water management are
to curtail the low priority uses of water. Low priority uses of water are generally described as all uses
other than for drinking, cooking, bathing, sanitation, fire suppression, or for medicinal or health
related uses requiring water, such as dialysis machines.
0
Section 3. Base Target Amount.
a. A Base Target Amount shall be established for each connection in the Yorba Linda Water
District corresponding to the average water consumption by meter size for areas with similar
land uses, lot or home size, landscape sophistication and economic location for each two
month billing cycle in fiscal year 1989-90.
b. The Base Target Amount for the residential customers may be adjusted to account for families
larger than the District wide average of 3 per persons per household at the rate of 100 gallons
per day per additional person for four (4) to a maximum of seven (7) persons per household.
c. Customers with multiple metered connections in the same revenue classification, serving
similar land uses may, upon approval in advance by the District, allocate the Base Target
Amount between their connections.
d. In cases where there is insufficient historical data to establish a Base Target Amount, the
District shall establish a Base Target Amount by comparing water users similar as to type, lot
or home size, landscape sophistication and economic location.
e. The Base Target Amount may be established and adjusted based upon a determination by the
Board of Directors of high priority and low priority water uses.
Section 4. Level 1 - Voluntary Conservation Measures.
Level 1 measures may be declared by the Board of Directors when, in their judgment, the possibility
exists the District may not be able to meet all of the demands of its customers without punitive
surcharges levied against the District due to restrictions on imported supply. The Board of Directors
shall, by separate Resolution, establish voluntary water conservation goals and advise customers of
ways to conserve water.
Section 5. Level 2 - Mandatory Conservation.
Level 2 measures, hereinafter referred to as "Water Watch", may be declared by the Board of
Directors when, in their judgment, the probability exists that the District will not be able to meet all of
the water demands of its customers without punitive surcharges levied against the District due to
restrictions on imported supply. The Board of Directors shall, by separate Resolution, determine the
extent of conservation required by setting a percentage of the Base Target Amount for high priority
and low priority water use, advise customers of ways to save water and may enforce such allocation
by mandating certain practices identified in Exhibit "A" of this Ordinance.
Section 6. Level 3 - Mandatory Reduction.
Level 3 measures, hereinafter referred to as "Water Warning", may be declared by the Board of
Directors when, in their judgment, the District will not be able to meet all of the water demands of its
customers without punitive surcharges levied against the District due to restrictions on imported
supply. The Board of Directors shall, by separate Resolution, determine the extent of conservation
required, set a percentage of the Base Target Amount for high priority and low priority water use,
advise customers of ways to save water and may enforce such allocation by mandating certain
practices identified in Exhibit "A" of this Ordinance.
Section 7. Level 4 - Water Emergency.
Level 4 measures, hereinafter referred to as "Water Emergency", may be declared by the Board of
Directors when the failure of any supply or distribution facility, whether temporary or permanent,
occurs in the water distribution system of the State Water Project, Metropolitan Water District of
Southern California, Municipal Water District of Orange County, Orange County Water District or
Yorba Linda Water District may seriously affect the ability to supply water to customers. The Board
of Directors shall, by separate Resolution, determine the extent of conservation required, set a
percentage of the Base Target Amount for high priority and low priority water use, advise customers
of ways to save water and may enforce such allocation by certain practices identified in Exhibit "A" of
this Ordinance.
Section 8. Rate for Excess Water Use.
Water consumption which is in excess of the Base Target Amount or percentage of the Base Target
Amount as established or as modified by the Board of Directors will be charged the District's current
water rate plus a surcharge equal to the accumulative cost per acre foot of any penalty rate adopted by
the Metropolitan Water District of Southern California plus any penalty rate adopted by the Municipal
Water District of Orange County plus any penalty rate adopted by the Orange County Water District
converted to a unit cost per one hundred cubic feet.
Section 9. Enforcement.
a. Degrees of Violation. The following enforcement measures shall apply to any customer who
willfully disregards any of the mandated and/or prohibited water management practices
adopted pursuant to this Ordinance:
1. First violation: A written warning shall be mailed to the customer. The warning shall
state the violation and that if the matter is not corrected, additional enforcement measures
may be taken.
2. Second violation: A letter shall be mailed to the customer explaining the violation and a
one time charge equal to two times the latest water bill will be charged to the customer.
3. Third violation: An orifice flow restrictor will be inserted into the customers meter to
reduce the rate of flow. The orifice will remain in the service line for one billing cycle.
The customer shall pay the cost to insert and remove the orifice flow restrictor.
4. Fourth and subsequent violations: Service of water will be subject to further restriction
with an orifice or termination of service. The term is at the General Manager's
discretion so as to minimize the health and safety affects to the customer.
b. Due Process Procedures.
1. The General Manager shall notify a customer that the District intends to surcharge water
usage or to restrict or shut off water service. In the cases of flow restriction or shut off,
the notice shall be delivered at least 72 hours in advance. The General Manager shall
provide an opportunity to the customer within that time to dispute the District's
determination of non-compliance with this Ordinance or to demonstrate that compliance
has been achieved subsequent to the notice.
2. The General Manager may revoke, modify, or extend time for compliance with a notice
of intent to surcharge water usage or to restrict or shut off water service if the General
Manager is reasonably satisfied that such action will be consistent with the best interests
of the District and/or the purposes of this Ordinance.
The General Manager shall provide for restoration of restricted or shutoff service upon a
determination that appropriate steps to assure compliance with this Ordinance have been
taken. The customer shall be responsible, as a precondition of service restoration, to
pay the District's normal and usual shutoff and turn-on fees and to comply with such
other District Rules and Regulations as apply to customers' service shutoff for
nonpayment of water bills.
Section 10. Appeal Process.
The Board of Directors shall, by separate Resolution, establish an appeal process that affords
customers the opportunity to contest findings, correct errors and alleviate unusual and extraordinary
circumstances.
0
Section 11. Notification.
The District shall notify all customers of the water conservation Level adopted by the Board of
0 Directors, Base Target Amount or percentage of Base Target Amount, and recommended and
mandated practices adopted by the District.
Section 12. Effective Date.
This Ordinance is enacted as an emergency measure and shall become effective on the date of
adoption by the Board of Directors. The General Manager is authorized and instructed to cause a
copy of the full text of this Ordinance to be published once in a newspaper of general circulation
within the District.
Section 13. Rescind Conflicting Resolutions.
Effective immediately upon adoption of this Ordinance, the voluntary measures adopted in Resolution
No. 90-13, and all conflicting Resolutions are hereby rescinded.
Section 14. Severability.
If any portion of this Ordinance is found to be unconstitutional or invalid, the District hereby declares
that it would have enacted the remainder of this Ordinance regardless of the absence of any such
invalid portion.
Section 15. California Environmental Quality Act.
The provisions of this Ordinance are exempt from the provisions of the California Environmental
Quality Act as an action to mitigate emergency conditions and as a rate setting measure pursuant to the
Public Resources Code Sections 21080(b)(4) and 21080(b)(8), respectively; and in following with
the Notice of Exemption filed by the Metropolitan Water District of Southern California on January 8,
1991, as lead agency for the establishment of water delivery conservation programs for water
delivered to the Municipal Water District of Orange County.
PASSED AND ADOPTED this 28th day of March, 1991 by the following called vote:
AYES: M. Roy KNAUFT JR., PAUL ARMSTRONG, STERLING FOX, ARTHUR C. KORN
NOYES: 0 AND CARL S CANL I N
ABSENT: 0
ABSTAIN: 0
President, U- 0
Yorba Linda Water District
(SEAL)
ATTF,S, .
Secretary,
Yorba Linda Water District
0
Exhibit "A"
to
Ordinance 91-02
Water Conservation Practices
These practices are intended as guidelines for District customers only and are based on the best
information available when this Ordinance was adopted. Any Resolution adopting a water
conservation level authorized by this Ordinance may modify the practices identified in this list to
account for new information or other factors not available or considered when this Ordinance was
adopted.
Customer Actions:
1. Check monthly for plumbing leaks and any leaks found should be repaired immediately.
2. Irrigate commercial nurseries, golf courses, parks, school yards, traffic medians and other
public open space and other non residential landscaped areas no more often than every third
day, and only between the hours of 6:00 p.m.and 5:00 a.m.
Reduce outside irrigation schedules to the absolute minimum to keep important plants alive.
Withhold fertilizer to inhibit new growth.
4. Residential customers with addresses ending with an even number water lawns, landscaping
and other turf areas only on even number days of the month and between the hours of 4:00 p.m.
and 10:00 a.m. Residential customers with addresses ending with an odd number water lawns,
landscape and other turf areas only on odd number days of the month and between the hours of
4:00 p.m. and 10:00 a. m.
5. Adjust sprinklers to avoid "watering" sidewalks and gutters, and lower pressure to avoid
creating a wasteful mist.
6. Eliminate washing of sidewalks, walkways, buildings, walls, patios, driveways, parking areas
or other paved surfaces, or walls except to eliminate conditions dangerous to public health or
safety or when required as surface preparation for the application of architectural coating or
painting, and to alleviate immediate fire hazards.
7. Curtail water used to clean, fill or maintain levels in decorative fountains, ponds, lakes or other
similar aesthetical structures unless such water use is approved in advance by the District.
Curtail water used for the initial filling or refilling of swimming pools, spas or ponds unless
such water use is approved in advance by the District. Replacement due to evaporation is
permitted.
9. Curtail washing of motor vehicles, trailers, boats and other types of equipment unless a bucket
and a hose equipped with a positive shutoff nozzle for quick rinses is used. Washing of
vehicles may be done by a commercial car wash that uses recycled water.
10. Display notice that water will be served only upon request at all restaurants, hotels, cafes,
cafeterias or other public place where food is sold, served or offered for sale.
11. Water served in restaurants, hotels, cafes, cafeterias or other public places where food is sold or
offered for sale only when requested by a customer.
12. Post notice of the water supply shortage in each room of hotels, motels, inns, guest houses, bed
and breakfast facilities and short-term commercial lodgings along with an explanation of
0 necessary compliance measures taken by the establishment.
I
•
13. Install low-flow shower heads, toilet dams or low-flow toilets, and faucet flow restrictors in
each room of hotels, motels, inns, guest houses, bed and breakfasts facilities and short-term
commercial lodgings.
14. Hand water plants with a positive shut-off hose nozzle.
15. Place a plastic bottle, bag or dam in all toilets.
16. Use automatic dish and clothes washers for full loads only.
17. Insulate hot water pipes to reduce the waiting time for hot water. Install circulating hot water
system or point off use water heater.
18. Turn off the water while brushing teeth, washing hands and/or shaving.
19. Install water saving shower heads and/or flow restrictors.
20. Take shorter showers. Turn off the water when lathering, shampooing, or shaving. Turn the
shower back on to rinse.
21. Capture bath/shower warmup water in buckets and use the water to irrigate plants or to flush
toilets.
22. Use garbage disposers sparingly.
23. Do not plant any annuals or new plants that will require extra watering.
24. Place mulching material in landscaped areas to decrease soil moisture evaporation.
25. Use a broom to clean outside patios, porches and sidewalks.
26. Cover spas and swimming pools when not in use. If spa or pool will not be used, make the
necessary preparations for not refilling the spa or pool while shortage lasts.
District Actions:
1. Limit use of water from fire hydrants to fire fighting, approved construction activities or other
activities as approved by the District as necessary to maintain the health, safety and welfare of
the public.
2. Turn off all construction meters until the condition(s) causing the shortage are abated to the
satisfaction of the General Manager.
3. Issue no construction meters for earth work or road construction purposes.
4. Moratorium on new service connections.
0
ITEM NO. 7
0 AGENDA REPORT
Committee Meeting Date: August 13, 2008
To: Executive-Administrative-Organizational Committee
From: Michael A. Payne, General Manager
Staff Contact: Same as above
Reviewed by General Counsel: Yes Budgeted: Yes Total Budget: $
Funding Source: Water Operating Fund
CEQA Account No: Job No:
Compliance: N/A Estimated Costs: Dept:
Subject: 2008 Conflict of Interest Biennial Review
SUMMARY:
The Political Reform Act requires every local government agency to review its conflict of interest
code biennially to determine if it is accurate or requires amendment. State law stipulates that
the Orange County Board of Supervisors is the code reviewing body for the Yorba Linda Water
District's Conflict of Interest Code.
DISCUSSION:
The Clerk of the Board of Supervisors has notified the District it is time for the biennial review of
the District's Conflict of Interest Code. If changes are required, they must be submitted to the
Board of Supervisors before October 1, 2008.
YLWD has adopted the model code as recommended by
Commission (FPPC) under Section 18730 of its regulations.
prepared by the FPPC, YLWD can be assured it contains all
believes are necessary for a complete and comprehensive code.
code is adopted, any changes in Code requirements are automal
code.
the Fair Political Practices
Since the model code was
of the provisions the FPPC
Additionally, once the model
ically included in the District's
Staff has reviewed the current list of positions and classifications and recommends Appendix "A"
be amended to reflect revised job titles and deleted positions. All of the changes are highlighted
in Appendix "A".
Resolution No. 08-XX incorporates all of the changes specified above and rescinds the current
conflict of interest code adopted by Resolution 04-05.
PRIOR RELEVANT BOARD ACTION(S):
The District reviews the conflict of interest codes biennially as required by Government Code
Section 87306.5. The last time amendments were made to the District's Conflict of Interest
Code was on September 23, 2004 by Resolution 04-05.
STAFF RECOMMENDATION:
It is recommended the Executive-Administrative-Organizational Committee review the proposed
Conflict of Interest Code and if acceptable recommend to the Board of Directors adoption of
Resolution No. 08-XX and Appendix "A" of the District's Conflict of Interest Code and direct the
Secretary to file the District's Conflict of Interest Code and Appendix "A" with the Orange County
Board of Supervisors prior to October 1, 2008.
0
0
RESOLUTION NO. 08-XX
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE
AND RESCINDING RESOLUTION NO. 04-05
WHEREAS, the Political Reform Act of 1974, Government Code Sections
81000, et seq., requires every state and local government agency
to adopt and promulgate a Conflict of Interest Code and to amend
the Code as necessitated by the changed circumstances to
conform to the requirements of the Act; and,
WHEREAS, the Board of Directors by Resolution 92-21 adopted a Conflict of
Interest Code which incorporates the Model Conflict of Interest
Code promulgated by the Fair Political Practices Commission of
the State of California and specified by Appendix the designated
positions for which reporting is required and the categories of
financial interests required to be disclosed; and,
WHEREAS, this Code was amended in 1994 by Resolution No. 94-17, in 1996
by Resolution No. 96-13, in 1998 by Resolution No. 98-13, and in
2004 by Resolution No. 04-05; and,
WHEREAS, the Board of Directors has determined that additional
amendments are necessary.
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba
Linda Water District as follows:
Section 1. The terms of Title 2 California Code of Regulations Section 18730
and any amendments to it duly adopted by the Fair Political
Practices Commission and the attached "Appendix A" in which
officials and employees are designated and disclosure categories
are set forth, are hereby incorporated by reference and constitute
the Conflict of Interest Code for the Yorba Linda Water District.
Section 2. Persons holding designated positions shall file statements of
economic interests pursuant to the adopted Conflict of Interest
Code.
Section 3. The Board determines and finds that the position of Director is a
public official who manages public investments within the
meaning of Government Code Section 87200. The Board further
determines that the General Manager has authority to designate
other officials who shall have limited discretion over the
investment of public funds and that such persons are also within
the scope of Government Code Section 87200. As such the
positions of Director, General Manager, and any person
designated by the General Manager to manage public
investments shall report under Article 2 of the Political Reform Act
and shall not be a designated position under the Conflict of
Interest Code.
Section 4. The position of "consultant" was added to the Conflict of Interest
Code - Exhibit "A" in Resolution No. 98-13 and is hereby
incorporated into this Resolution as a designated position and
those performing consultant services shall disclose pursuant to
the broadest disclosure category in the Code, unless the General
Manager makes a determination in writing that the limited scope
of the consultant's duties does not require the broadest
disclosure. Such written determination shall include a description
of the consultant's duties and, based upon that description, a
statement of the extent of disclosure required. The General
Manager's determination is a public record and shall be retained
for public inspection in the same manner and location as the
Conflict of Interest Code.
0 Section 5. The District Secretary shall forward a copy of this Resolution,
together with "Appendix A" of the Yorba Linda Water District's
Conflict of Interest Code, to the Orange County Board of
Supervisors for review and approval as required by California
Government Code Section 87306.5.
Section 6. That Resolution No. 04-05 and all conflicting minute orders are
hereby rescinded immediately following adoption of this
Resolution.
PASSED AND ADOPTED this 27th day of August 2008, by the following called
vote:
Ayes:
Noes:
Absent:
President, John W. Summerfield
Yorba Linda Water District
ATTEST:
Secretary, Michael A. Payne
Yorba Linda Water District
•
CONFLICT OF INTEREST CODE
YORBA LINDA WATER DISTRICT
APPENDIX A
To Resolution No. 08-XX
Designated Positions and Disclosure Categories
•
•
Public Officials, Consultants
and Designated Positions
Candidates for Director
Assistant General Manager
Auditor
Attorney
Consultant (1)
(1) The "designated position" of
"Consultant" shall include only those
consultants who participate in the making of
a governmental decision by directly advising
or making recommendations to the Board of
Directors and whose duties involve
conducting research or an investigation,
preparing or presenting a report, analysis or
opinion which requires the exercise of
judgment on the part of the consultant which
is intended to influence a decision of the
Board. The "designated position" of
"Consultant" shall report in the specified
category unless the General Manager
determines in writing that the limited scope
of the consultant's duties does not require
broad disclosure. In that case the General
Manager shall make a written determination
for such consultant which includes a
description of the consultant's duties and,
based upon that description, a statement of
the extent of disclosure required. Said
determination shall be a public record and
shall be retained for public inspection in the
same manner and location as this Conflict of
Interest Code.
Category of types of Business Entity,
Investment, Sources of Income or
Real Property Disclosable
1. Banks and Savings & Loans
2. Building materials
3. Chemicals
4. Construction and Construction Material
5. Construction Equipment
6. Consulting Services: Legal, accounting,
auditing, architectural, engineering, soil
testing and compaction, energy and
power, desalination, water quality testing
and treatment, data processing, labor
relations, public relations, planning,
economics investment, environmental,
underwriters, and appraisal.
7. Food services
8. Insurance
9. Laboratory equipment and supplies
10. Motor vehicles
11. Motor vehicle repairs
12. Newspapers and subscriptions
13. Office equipment, supplies and services
14. Petroleum products
15. Photographic equipment, supplies and
film processing
16. Pipe, valves, fittings, pumps, tanks,
meters, and all water facility equipment
material and supplies
17. Printing and reproduction
18. Public utilities
19. Real property
20. Safety equipment and facilities
21. Title companies
22. Travel arrangements and
accommodations
23. Temporary help and employment
•
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Business Manage Finance Director
Engineering Manager
Human Resource Manager
Information Technology Director
Operations Manager
agencies
24. Tele metering supplies, equipment and
services
25. Communications equipment, supplies
and services
26. Security system equipment,
supplies and services
27. Instructional equipment, supplies
and services
28. Computer equipment, supplies
and services
29. Medical services
30. Water quality testing equipment,
supplies and services
Categories: 1, 6, 8, 12, 13, 15, 17, 18,
19, 21, 22, 23 and 28.
Categories: 2, 4, 6, 9, 13, 15, 16, 17,
20, 21, 28 and 30.
Categories: 6, 8, 10, 12, 13, 15, 17, 18,
19, 20, 21, 22, 23, 25, 26,
27 and 28.
Categories: 2, 4, 6, 9, 13, 15, 17, 18,
19, 21, 22, 23, 25, 26, 27
and 28.
Categories: 2, 3, 4, 5, 6, 9, 10, 11, 13,
14, 16, 20, 24, 28 and 30.
Note: It has been determined that the positions listed below manage public investments
and will file a state of economic interests pursuant to Government Code Section
87000, rather than filing a Conflict of Interest form pursuant to the District's
Code:
a. Director,
b. General Manager,
c. Designees of the General Manager.
Barry S. Brokaw
Donne Brownsey Sacramento Advocates, Inc.
A California based Public Affairs and Governmental Relations Firm
Daniel E. Boatwright
General Counsel 1215 K Street, Suite 2030 P Sacramento, CA 95814
Phone (916) 448-1222 P Fax (916) 448-1121
MEMORANDUM
To: Board of Directors, Yorba Linda Water District
From: Barry S. Brokaw
Re: State Capitol Monthly Report
Date: August 11, 2008
Overview and the Budget Drama
The State Budget is now entering the seventh week beyond the
constitutionally mandated July 1St enactment date. In 17 of the past 20 years,
the governor and legislators have gone beyond the deadline, but this year is
beginning to look like an absolute impasse. There are three parties to this
dysfunction, the Legislature's Democrats, Republicans, and the Governor.
Legislative Republicans are insisting on no new taxes and a new
constitutional amendment placing a tight spending cap on state government
to limit growth; Democrats are proposing $8.2 billion in tax increases,
including increases in the personal income tax for high wage earners and an
increase in the corporate tax rate; and the Governor made headlines cutting
many state workers to minimum wage and laying off part time employees
and retired annuitants until such time as the budget is passed. The fact that
state payroll computers don't seem to be able to accommodate that
adjustment and the refusal of state Controller John Chiang to honor the
Governor's Executive Order don't seem to have deterred the Governor. The
Governor also infuriated Republican lawmakers by suggesting the state sales
tax be increased by one cent for three years. They believe he has sold them
out. Democrats oppose an increase in the sales tax, but smell blood in the
water with the Governor's acknowledgement that cuts alone can't eliminate
the $15.2 billion deficit from the $101 billion proposed budget. They figure,
at the end, some temporary tax increase will be a part of the solution.
S Republican leaders are looking to "temporarily" borrowing more funds,
including perhaps local property tax revenues; state road funds, and
through the scheme the Governor proposed which would securitize the
lottery and allow borrowing from it, if voters approve the latter deal in
November. The Secretary of State says August 16th is the absolute deadline
for November ballot issues to be placed in the supplemental ballot
pamphlets. If the key to gaining Republican support for a budget is their
desired spending cap, this week is the week for a budget deal to be cut.
Republicans think the Democrats are trying to "run out the clock" on that
idea.
•
The Legislature's End of Session
Lawmakers are grappling with the end of the two-year legislative session,
with over 600 bills awaiting action by the August 31 Stsession deadline.
Democrats actually want to conclude session by August 22°d, to
accommodate the national Democratic convention which begins August 251H
The Republican convention commences the first week in September. If a
budget deal is done by August 22nd, you can expect the Legislature to
adjourn for the year.
Deal to Come on Water Bond?
Still on the table is a $9.85 billion proposed water bond, which would
include $3 billion in funding for above ground storage facilities. The key to
this deal coming together seems to lie with U.S. Senator Diane Feinstein,
whom Democratic supporters hope will convince state Senate Democratic
leaders of the need to place the plan on the November ballot. Feinstein is a
strong supporter of the plan. What follows is a new comparison piece on the
current water plan on the table with the iteration from late last year.
Comparison of Water Bond Initiative Proposals
0
Proposed 12/7/07 Initiative
Compromise Language
$10.885 billion
Water Supply Reliabilitv - $3.1 billion
Urban water suppliers that have not
prepared, adopted, and submitted urban
Proposed 8/1/08 Initiative
Compromise Language
$9.285 billion
Water SUppIV Reliabilitv - $2 billion
Urban water suppliers that have not
prepared, adopted, and submitted urban
•
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water management plans are ineligible to
receive funds.
$2.15 billion among eleven regions to
fund:
-Agricultural and urban water use
efficiency projects.
-Recycling, reclamation, water treatment,
or desalination.
-Groundwater contamination prevention,
cleanup, and treatment.
-Projects that reduce contributions to
climate change.
-Projects that enhance adaptability to
climate change.
-Other ecosystem and fish restoration
projects specified in Proposition 84.
$450 million for interregional purposes
to fund:
-New water technology development and
deployment.
-Meeting state water recycling goals.
-Adapting to climate change impacts.
-Reducing contributions to climate change.
-Other projects to improve statewide water
management.
-Other projects to meet the needs of
disadvantaged communities.
$500 million for grants and expenditures
for local and regional conveyance
projects that support regional and
interregional connectivity and water
management that provide the following
benefits:
-Improvements in regional or interregional
water supply.
-Mitigation of conditions of groundwater
overdraft, saline water intrusion, water
quality degradation, or subsidence.
-Adaptation to the impacts of hydrologic
changes.
-Improved water security from drought,
natural disasters, etc.
-Providing safe drinking water for
disadvantaged communities.
-Delta Sustainabilitv - $2.4 billion
water management plans are ineligible to
receive funds.
$1.2 billion among eleven regions to
fund:
-Agricultural and urban water use
efficiency projects.
-Recycling, reclamation, water treatment,
or desalination.
-Groundwater contamination prevention,
cleanup, and treatment.
-Projects that reduce contributions to
climate change.
-Projects that enhance adaptability to
climate change.
-Other ecosystem and fish restoration
projects specified in Proposition 84.
$300 million for interregional purposes
to fund:
-New water technology development and
deployment.
-Meeting state water recycling and
conservation goals.
-Adapting to climate change impacts.
-Reducing contributions to climate change.
-Other projects to improve statewide water
management.
-Other projects to meet the needs of
disadvantaged communities.
$500 million for grants and expenditures
for local and regional conveyance
projects that support regional and
interregional connectivity and water
management that provide the following
benefits:
-Improvements in regional or interregional
water supply.
-Mitigation of conditions of groundwater
overdraft, saline water intrusion, water
quality degradation, or subsidence.
-Adaptation to the impacts of hydrologic
changes.
-Improved water security from drought,
natural disasters, etc.
-Providing safe drinking water for
disadvantaged communities.
Delta Sustainability - $1.9 billion
•
•
Requires DWR to develop, in cooperation
with DFG and SWRCB, a comprehensive
delta sustainability program that includes
ecosystem and water conveyance
improvements and that meets the following
criteria:
-Reduces impacts to native fish caused by
the operation of the export pumps and
improves the operations flexibility and
ability of the SWP and CVP to provide
ecosystem and water supply benefits.
-Provides conditions that allow for habitat
improvement for fish and wildlife in the
delta, recovery of listed species, and
sustainable ecosystem functions.
-Provides improved water supply reliability
and conveyance.
-Reduces the quantity of bromide, total
organic carbon, and total dissolved solids in
the water pumped at state and federal water
pumping facilities.
-Reduces vulnerability to seismic events in
or near the delta.
-Promotes ecosystem restoration.
-Facilitates wet-year water storage for use
in dry years.
Provides that the Legislature may only
amend or repeal this section by a statute
passed in each house by a roll call voted
entered into the journal, two-thirds of the
membership concurring.
$1 billion for projects that provide public
benefits and support delta sustainability,
including:
-Protecting urban and agricultural water
supplies.
-Improving the quality of drinking water
derived from the delta.
-Water flow and quality improvements to
provide habitat.
-Protecting transportation and other
infrastructure.
-Other projects, including planning,
monitoring, and design costs.
Requires DWR to develop, in cooperation
with DFG and SWRCB, a comprehensive
delta sustainability program that includes
ecosystem and water conveyance
improvements and that meets the following
criteria:
-Reduces impacts to native fish caused by
the operation of the export pumps and
improves the operations flexibility and
ability of the SWP and CVP to provide
ecosystem and water supply benefits.
-Provides conditions that allow for habitat
improvement for fish and wildlife in the
delta, recovery of listed species, and
sustainable ecosystem functions.
-Provides improved water supply reliability
and conveyance.
-Reduces the quantity of bromide, total
organic carbon, and total dissolved solids
in the water pumped at state and federal
water pumping facilities.
-Reduces vulnerability to seismic events in
or near the delta.
-Promotes ecosystem restoration.
-Facilitates wet-year water storage for use
in dry years.
Provides that the Legislature may only
amend or repeal this section by a statute
passed in each house by a roll call voted
entered into the journal, two-thirds of the
membership concurring.
$700 million for projects that provide
public benefits and support delta
sustainability, including:
-Protecting urban and agricultural water
supplies.
-Improving the quality of drinking water
derived from the delta.
-Water flow and quality improvements to
provide habitat.
-Protecting transportation and other
infrastructure.
-Other projects, including planning,
•
•
$1.4 billion for projects that protect and
enhance the sustainability of the delta
ecosystem including:
-Projects for the development and
implementation of the Bay Delta
Conservation Plan.
-Other projects to protect and restore native
fish and wildlife.
-Projects to reduce GHG emissions from
exposed delta soils.
Water System Operational Improvement
- $2.5 billion
Available upon appropriation by the
Legislature for public benefits associated
with water storage projects that improve
operation of the state water system, are cost
effective, capable of timely
implementation, and provide a net
improvement in ecosystem and water
quality conditions.
Projects selected through a competitive
public process that ranks potential
projects based on their cost-effectiveness
in providing public benefits pursuant to
the established criteria.
Eligible projects include:
-Surface storage projects identified in the
CALFED Bay-Delta Program Record of
Decision, excluding the expansion of
Shasta Reservoir.
-Groundwater storage and contamination
prevention or remediation projects that
provide storage benefits.
-Conjunctive use and reservoir reoperation
projects.
-Regional and local surface storage
projects.
monitoring, and design costs.
$1.2 billion for projects that protect and
enhance the sustainability of the delta
ecosystem including:
-Projects for the development and
implementation of the Bay Delta
Conservation Plan.
-Other projects to protect and restore native
fish and wildlife.
-Projects to reduce GHG emissions from
exposed delta soils.
Water Svstem Operational
Improvement - $3 billion
Continuously appropriated for public
benefits associated with water storage
projects that improve operation of the state
water system, are cost effective, and
provide a net improvement in ecosystem
and water quality conditions. Funds are
not subject to appropriation or transfer by
the Legislature or Governor for any other
purpose.
oject selection by the California Water
mmission through a competitive public
9cess that ranks potential projects based
expected return for public investment
measured by the magnitude of the
blic benefits provided pursuant to the
Eligible projects include:
-Surface storage projects identified in the
CALFED Bay-Delta Program Record of
Decision.
-Groundwater storage and contamination
prevention or remediation projects that
provide storage benefits.
-Conjunctive use and reservoir reoperation
projects.
-Regional and local surface storage
projects.
Funds can only be expended for the Funds can only be expended for the
•
•
0
following public benefits:
-Ecosystem improvements, including
reduced water diversions, changing the
timing of water diversions, improvement in
flow conditions, temperature, or other
benefits that contribute to restoration of
aquatic ecosystems and native fish and
wildlife.
-Water quality improvements in the delta or
other river system that provide significant
public trust resources or clean up and
restore groundwater resources.
-Flood control benefits.
-Reduction in greenhouse gas emissions
related to water system operation.
Public benefits do not include the costs of
environmental mitigation measures or
compliance obligations established prior to
the enactment of this division under state or
federal law.
Requires the California Water Commission,
in consultation with DFG and SWRCB, to
develop and adopt regulations establishing
methods for quantification and
management of public benefits, including
priorities and relative environmental value
of ecosystem and water quality benefits.
Prohibits appropriation of funds for a
project unless the following conditions are
met:
-The Commission has adopted the
regulations and quantified and made public
the cost of the public benefits associated
with the project.
-DWR enters into a binding and
enforceable agreement with each party
who will derive benefits that ensures the
party will pay its share of the total costs of
the project.
-DWR enters into a binding and
following public benefits:
-Ecosystem improvements, including
changing the timing of water diversions,
improvement in flow conditions,
temperature, or other benefits that
contribute to restoration of aquatic
ecosystems and native fish and wildlife.
-Water quality improvements in the delta
or other river system that provide
significant public trust resources or clean
up and restore groundwater resources.
-Flood control benefits.
Public benefits do not include the costs of
environmental mitigation measures or
compliance obligations established prior to
the enactment of this division under state
or federal law.
Projects must provide measurable
improvements to the delta ecosystem or
tributaries.
Requires the California Water
Commission, in consultation with DFG and
SWRCB, to develop and adopt regulations
establishing methods for quantification and
management of public benefits, including
priorities and relative environmental value
of ecosystem and water quality benefits.
Projects may not be funded unless tl:e
Commission approves the project based
on its determination that the following
-The Commission has adopted the
regulations and quantified and made public
the cost of the public benefits associated
with the project.
-DWR has entered into a contract with
each party who will derive benefits from
the project that ensures the party will pay
its share of the total project costs.
-DWR has entered into a contract with
•
•
•
enforceable agreement with each public
agency that administers public benefits to
assure that the public contribution of funds
achieves the public benefits identified for
the project.
-The Commission holds a public hearing to
provide an opportunity for public review
and comment.
-The Commission submits required
information to the Legislature as part of
any request for any appropriation of funds
for a project.
-Feasibility studies are completed.
-Director of DWR finds and determines
that the project is feasible, is consistent
with all applicable laws and regulations,
and will advance the objectives of the
CALFED Bay-Delta Program.
-All environmental documentation
associated with the project is completed
and applicable approvals, certifications, and
agreements are obtained.
Allows lire Legislature to appropriate
fiords for the completion of environmental
documentation and permitting of a
project.
Requires the Legislative Analyst's Office
to prepare and submit a review and audit
to the Legislature when a request for an
appropriation of fiends exceeding $250
million for a surface storage project is
made. The review and audit shall verify
the cost effectiveness, financing, and
public benefits of the proposed surface
storage project.
Caps the public benefit cost share of a
project at 50% of the total costs of any
project, except for conjunctive use and
reservoir reoperation projects.
Prohibits the funding of a CALFED Bay-
Delta surface storage project unless it
provides ecosystem improvements that are
each public agency that administers public
benefits to assure that the public
contribution of funds achieves the
identified public benefits.
-The Commission has held a public hearing
for providing public review and comment.
-Feasibility studies have been completed.
-Director of DWR has found that the
project is feasible and consistent with
applicable laws and regulations, and will
advance long-term objectives of restoring
ecological health and improving water
management for beneficial uses of the
Bay-Delta system.
-All environmental documentation
associated with the project has been
completed and all applicable approvals,
certifications, and agreements have been
obtained.
Allows funds to be made available for the
completion of environmental
documentation and permitting of a
project.
Caps the public benefit cost share of a
project at 50% of the total costs of any
project, except for conjunctive use and
reservoir reoperation projects.
Prohibits the funding of a project unless it
provides ecosystem improvements that are
at least 50% of the total public benefits of
the project.
Provides that no CALFED Bay-Delta
surface storage project shall be eligible for
•
•
•
at least 50% of the total public benefits of
the project.
Provides that no CALFED Bay-Delta
surface storage project shall be eligible for
funding unless all the following conditions
are met by January 1, 2012:
-All feasibility studies are complete and
draft environmental documentation is
available for public review.
-Director of DWR finds that the project is
feasible and meets the objectives of the
CALFED Bay-Delta Program.
-Director of DWR receives commitments
for not less than 75% of local cost share of
the project.
Provides that if compliance with the above
requirements is delayed by litigation or
failure to promulgate regulations, the date
shall be extended by the Director of DWR
for a time period that does not exceed the
time period of the delay.
Allows surface storage projects to be made
a unit of the Central Valley Project.
Conservation and Watershed Protection
- $1.535 billion
$1 billion for expenditures and grants for
ecosystem and watershed protection and
restoration projects for seventeen listed
watersheds, of which:
-$200 million must be available to the
Costal Conservancy for coastal watershed
projects.
-$100 million must be available to the
Wildlife Conservation Board for the
acquisition of water rights from willing
sellers and the conveyance of water for the
benefit of migratory birds.
-$200 million to Wildlife Conservation
Board for expenditures or grants to protect
or restore watershed lands that provide
funding unless all the following conditions
are met by January 1, 2014:
-All feasibility studies are complete and
draft environmental documentation is
available for public review.
-Director of DWR finds that the project is
feasible and will advance long-term
objectives of restoring ecological health
and improving water management for
beneficial uses of the Bay-Delta system.
-Director of DWR receives commitments
for not less than 75% of local cost share of
the project.
Provides that if compliance with the above
requirements is delayed by litigation or
failure to promulgate regulations, the date
shall be extended by the Director of DWR
for a time period that is equal to the time
period of the delay.
Allows surface storage projects to be made
a unit of the Central Valley Project.
Conservation and Watershed Protection
$1 billion for expenditures and grants
for ecosystem and watershed protection
and restoration projects for seventeen
listed watersheds, of which:
-$200 million must be available to the
Costal Conservancy for coastal watershed
projects.
-$100 million must be available to the
Wildlife Conservation Board for the
acquisition of water rights from willing
sellers and the conveyance of water for the
benefit of migratory birds.
-$200 million to Wildlife Conservation
Board for expenditures or grants to protect
or restore watershed lands that provide
•
•
•
sources of drinking water or rivers and
streams that support endangered or
threatened species.
$85 million available to Department of
Fish and Game to protect the delta
ecosystem and state's water supply from
invasive species, at least $50 million of
which must be available as grants to public
agencies.
$150 million to the Wildlife Conservation
Board for watershed restoration in fire
damaged areas and fuel load reduction to
reduce the potential for watershed damage
from wildfires.
$300 million to the Department of Fish and
Game and Coastal Conservancy for
projects that improve fish passage on rivers
and streams.
Groundwater Protection and Water
Oualitv - $L I billion
$400 million is available for expenditures,
grants, and loans to prevent or reduce the
contamination of groundwater that serves
as a source of drinking water. Projects
must be consistent with an adopted
integrated regional water management plan.
-Up to $100 million available for projects
that are part of a basin wide management
and remediation plan for which federal
funds have been allocated or address
contamination at a listed site.
-$40 million to Department of Public
Health for grants and direct expenditures to
finance emergency and urgent actions on
behalf of disadvantaged communities and
economically distressed areas.
$100 million to Water Resources Control
Board for small community wastewater
treatment projects.
$500 million to Water Resources Control
Board for competitive grants and loans for
stormwater management and water quality
projects.
$100 million to Coastal Conservancy for
projects that meet the requirements of the
sources of drinking water or rivers and
streams that support endangered or
threatened species.
$85 million available to Department of
Fish and Game to protect the delta
ecosystem and state's water supply from
invasive species, at least $50 million of
which must be available as grants to public
agencies.
$100 million to the Wildlife Conservation
Board for watershed restoration in fire
damaged areas and fuel load reduction to
reduce the potential for watershed damage
from wildfires.
$150 million to the Department of Fish and
Game and Coastal Conservancy for
projects that improve fish passage on rivers
and streams.
Groundwater Protection and Water
Oualitv - $800 million
$300 million is available for expenditures,
grants, and loans to prevent or reduce the
contamination of groundwater that serves
as a source of drinking water. Projects
must be consistent with an adopted
integrated regional water management
plan.
-Up to $100 million available for projects
that are part of a basin wide management
and remediation plan for which federal
funds have been allocated or address
contamination at a listed site.
-$40 million to Department of Public
Health for grants and direct expenditures to
finance emergency and urgent actions on
behalf of disadvantaged communities and
economically distressed areas.
$100 million to Water Resources Control
Board for small community wastewater
treatment projects.
$300 million to Water Resources Control
Board for competitive grants and loans for
stormwater management and water quality
projects.
$100 million to Coastal Conservancy for
Ocean Protection Act. projects that meet the requirements of the
0 Ocean Protection Act.
•
Water Recvcling Program - $250 million Water Recvcling Program - $250 million
General Provisions
-Up to 5% of funds allocated may be used
for administration.
-Up to 10% of funds allocated for each
program may be used to finance planning
and monitoring.
-Funds are to be appropriated only in the
Budget Act of the first year of each
Legislative Session.
-Each agency that administers funds must
develop project solicitation and evaluation
guidelines.
-Investment of public funds should result in
public benefits.
-State Auditor shall annually conduct a
programmatic review and audit of
expenditures.
-Funds shall not be used to support or pay
for the costs of environmental mitigation
measures or compliance obligations.
-Funds shall not be used to pay for the costs
of the design, construction, operation, or
maintenance of delta conveyance facilities.
-Nothing in this division shall limit or
otherwise affect the application of Sections
10505, 10505.5, 11128, 11460, 11461,
11462, 11463, and Sections 12200 through
12220 inclusive of the Water Code (area of
origin protections).
-Legislature may enact legislation
necessary to implement programs funded
by this division.
General Provisions
-Up to 5% of funds allocated may be used
for administration.
-Up to 10% of funds allocated for each
program may be used to finance planning
and monitoring.
-Each agency that administers funds must
develop project solicitation and evaluation
guidelines.
-Investment of public funds should result
in public benefits.
-State Auditor shall annually conduct a
programmatic review and audit of
expenditures.
-Funds shall not be used to support or pay
for the costs of environmental mitigation
measures or compliance obligations.
-Funds shall not be used to pay for the
costs of the design, construction, operation,
or maintenance of delta conveyance
facilities.
-Nothing in this division shall limit or
otherwise affect the application of Sections
10505, 10505.5, 11128, 11460, 11461,
11462, 11463, and Sections 12200 through
12220 inclusive of the Water Code (area of
origin protections).
-Legislature may enact legislation
necessary to implement programs funded
by this division.
Other Bills of Interest
AB 2175 (Laird) Water
0 conservation. (A-
08/04/2008 html pd_o
Summary:
Existing law establishes the Water Conservation in Landscaping Act and requires the
Department of Water Resources to update the model water efficient landscape ordinance
by regulation. Existing law requires all rules and regulations of the department, except
as specified, to first be presented to the California Water Commission and be effective
only upon approval by the commission. This bill would, until December 31, 2009,
delete the requirement that the commission be presented with and approve department
regulations relating to the model water efficient landscape ordinance. This bill contains
other related provisions and other existing laws.
Note: The state DWR would be authorized to set water conservation standards or
guidelines under this proposal. MWD supports.
Status: 08/07/2008-Do pass.
AB 2270
(Laird) Recycled water:
water quality. (A-
08/04/2008 html odt)
Summary:
Existing law establishes a statewide recycling goal of 700,000 acre-feet of water by
2000 and 1,000,000 acre-feet of water by 2010. Existing law requires the Department of
Water Resources to prepare and update every 5 years the California Water Plan, which
is the plan for the orderly and coordinated control, protection, conservation,
development, and use of the water resources of the state. Existing law requires each
urban water supplier to prepare, and update every 5 years, an urban water management
plan with specified components, including information, to the extent available, on
recycled water and its potential for use as a water source in the service area of the urban
water supplier. This bill would refer to the statewide recycling goals as targets, and
would require the department to update these targets every 5 years, based on
consideration of all relevant information, including, but not limited to, specified
information from the State Water Resources Control Board and urban water
management plans. The department would be required to include the revised targets in
the California Water Plan beginning in 2013. The bill would require an urban water
supplier to include in its urban water management plan information on recycled water,
including, in acre-feet of water per year, a description of the quantity of treated
wastewater that meets recycled water standards, a description and quantification of the
potential uses of recycled water, and the projected use of recycled water within the
supplier's service area. This bill contains other related provisions and other existing
laws.
Note: The key component in this measure would give the water district the ability
to ban the use of water softeners if the salt discharged in the process would
threaten recycling efforts.
Status: 08/07/2008-In Assembly. Concurrence in Senate amendments pending.
May be considered on or after August 10 pursuant to Assembly Rule 77.
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