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HomeMy WebLinkAbout2008-03-11 - Finance-Accounting Committee Meeting Agenda PacketRL w YORBA LINDA WATER DISTRICT FINANCE - ACCOUNTING COMMITTEE MEETING Tuesday, March 11, 8:30 a.m. 4622 Plumosa Drive, Yorba Linda - Tel: (714) 701-3020 AGENDA COMMITTEE: STAFF: Director William R. Mills, Chair Michael A. Payne, General Manager Director Michael J. Beverage Diane Cyganik, Finance Director Alternate: Director John W. Summerfield Sandi Van Etten, Sr. Accountant 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. Selection of Independent Audit Firm for Fiscal Years ending June 30, 2008-2010. Recommendation: That the Finance-Accounting Committee recommend to the Board of Directors execution of a Professional Services Agreement, subject to approval as to form by General Counsel, with Diehl, Evans & Company, LLP to perform the Independent Audit Services for the fiscal years ending June 30, 2008 through June 30, 2010. 2. Consider a Policy on the Disposition of Unexpected Refunds from Outside Agencies - Continued from February 28, 2008 Board of Directors meeting. Recommendation: That the Finance-Accounting Committee recommend to the Board of Directors adoption of Resolution No. 08-01, Resolution of the Board of Directors of the Yorba Linda Water District Adopting a Policy on the Disposition of Unexpected Refunds from Outside Agencies.. -1- 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. Monthly status report on portfolio investments ending February 29, 2008. Report by Keith Khorey of Wells Capital Management. 4. Investment Report for the month ending January 31, 2008. 5. MWD, MWDOC & OCWD Rate Projections. 6. District's share of the Property Tax revenue ADJOURNMENT: The next Finance-Accounting Committee meeting is scheduled for April 8, 2008 at 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, District Secretary, at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. -2- ITEM NO. AGENDA REPORT Committee Meeting Date: March 11, 2008 To: Finance-Accounting Committee From: Michael A. Payne, General Manager Staff Contact: Diane Cyganik, Finance Director Reviewed by General Counsel: N/A Budgeted: Funding Source: CEQA Account No: Compliance: N/A Estimated Costs: Yes Dept: Bus N/A 133780 Job No: $ 59,960.00 1 Subject: Selection of an Independent Audit Firm for Fiscal Years ending June 30, 2008-2010 SUMMARY: On February 12, 2008 staff solicited proposals from five (5) qualified firms of certified public accountants to audit its financial statements for the fiscal years ending June 30, 2008, 2009, and 2010 with the option of auditing its financial statements for two (2) subsequent fiscal years. The Request for Proposals (RFP's) package was prepared in accordance with District guidelines and the Government Finance Officers Association guidelines. DISCUSSION: The following report prepared by staff outlines information of the results from reviewing the proposals. Out of the five proposals sent, the District received only two proposals for review. Proposals were evaluated by a committee of four using three sets of criteria as addressed in the attached report. Firms meeting the mandatory criteria had their proposals evaluated and scored for both technical qualifications and price. However, the price factor was included in a sealed cost bid and was not opened until the mandatory criteria and technical qualifications were assessed. Staff conducted interviews of both Diehl, Evans & Company and Moreland & Associates, Inc. to determine the best fit for the District. Such interviews and presentations provided the firms with an opportunity to answer any questions that the evaluation committee may have had on a firm's proposal. The District selected a firm based upon the recommendation of the evaluation committee as well as prior experience the District has had with the firms. The annual cost for Audit services provided by Diehl, Evans & Company, LLP was at a price not-to-exceed $19,400 for the year ending June 30, 2008, $19,980 for the year ending June 30, 2009, and $20,580 for the year ending June 30, 2010 totaling $59,960 for the three-year period. Funds of $43,600 have been budgeted in the Two-Year Budget for fiscal years 2007-08 and 2008-09. Additional funds will be budgeted to cover the audit for the fiscal year ended June 30, 2010 in the next budget. The annual costs for Audit services provided by Moreland & Associates, Inc. was $27,000 for the year ending June 30, 2008, $28,000 for 2009 and $29,000 for 2010 totaling $84,000 for the three-year period. The selection was a difficult one because both firms met all the mandatory elements and were rated within 2 points of each other in the technical qualifications, but when price was factored in, Diehl, Evans & Company scored higher overall. The reason for making our selection of Diehl, Evans & Company was two-fold: lower pricing and the fact that they have a full service tax practice to assist the District in any tax issues that may arise. PRIOR RELEVANT BOARD ACTION(S): The Board of Director's has a policy that the District should enter into multi-year agreements of no more than five years in duration when obtaining the services of independent auditors. The District should also undertake a full-scale competitive process for the selection of independent auditors at the end of the term of each audit contract, consistent with applicable legal requirements. Ideally, auditor independence would be enhanced by a policy requiring that the independent auditor be replaced at the end of the contract, as is often the case in the private sector. The Board of Directors approved a multi-year contract with Charles Z. Fedak & Company. However due to to the unsatisfaticy service provided to the District; after two-years the contract was terminated. STAFF RECOMMENDATION: That the Finance-Accounting Committee recommend to the Board of Directors to execute a Professional Services Agreement, subject to the approval as to form by General Counsel, with Diehl, Evans & Company, LLP to perform the Independent Audit Services for the fiscal years ending June 30, 2008 through June 30, 2010. ITEM NO. AGENDA REPORT A"MOVED BY THE BOARD X DiRECTOR;i Board Meeting Date: February 28, 2008 OF THE YORBALINDAWATER UISTRICT To: Board of Directors From: Michael A. Payne, General Manager -l Staff Contact: Diane Cyganik, Finance Director n ~C f la Reviewed by General Counsel: No Budgeted: N/A Tota9Budget: N/A Funding Source: Water Operating Fund CEQA Account No: Job No: Compliance: N/A Estimated Costs: N/A Dept: Admin Subject: Resolution No. 08-01 SUMMARY: The purpose of this Resolution is to affirm the decision of the Board of Directors on December 13, 2007 regarding the disposition of unexpected refund checks. DISCUSSION: Attached for the Committee's consideration is Resolution No. 08-01. This resolution sets forth a policy on refunding all future unexpected checks received from agencies such as the Municipal Water District of Orange County (MWDOC) or the Metropolitan Water District of Southern California (Met). The Resolution describes the method of how the refunds will be made in Section No. 1. Section 2 is new to the Board of Directors. Staff recommends adding this section to address the issue of the unexpected refund check not being large enough to offset the costs of staffs' time and programming costs. Based on the number of connections used in the December 13, 2007 report of 23,387, staff recommends using $0.10 per connection as a base amount. This would provide approximately $2,400 to cover staffs' time and outside programming expenses. These funds would be deposited into the water operating fund, which would be used to offset operating expenses. PRIOR RELEVANT BOARD ACTION(S): On December 13, 2007, the Board of Directors approved a one-time credit of $8.01 to all active water accounts as of January 1, 2007, excluding the fire detector check accounts. This one time credit was from an unexpected check from MWDOC in the amount of $187,344.83. The Board has approved refunding similar credits in the past. STAFF RECOMMENDATION: That the Board of Directors adopt Resolution No. 08-01. COMMITTEE RECOMMENDATION: The Committee reviewed this report at their Committee meeting on February 12, 2008 and recommends the Board of Directors approve the policy. RESOLUTION NO. 08-01 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT ADOPTING A POLICY ON THE DISPOSITION OF UNEXPECTED REFUNDS FROM OUTSIDE AGENCIES WHEREAS, the Board of Directors of the Yorba Linda Water District has, from time to time, received unexpected refunds from water agencies such as the Metropolitan Water District of Southern California and the Municipal Water District of Orange County; and WHEREAS, the Board of Directors of the Yorba Linda Water District has considered many options on the disposition of the check(s) including: 1)an immediate return to District customers in the form of a refund; 2) a one- time refund to each currently active account; 3) a reduction in the water rate for the next twelve months; 4) a reduction in the water rate for just the summer months; 5) a return of the funds to the issuing agency with a request that those funds be applied to offset future invoices; and 6) deposit of the funds directly into the water operating fund account, and WHEREAS, the Board of Directors has decided in the past that the fairest, quickest and least expensive method was to issue a one-time refund credit to each currently active account at the time of the refund, excluding fire detector check accounts; and WHEREAS, the Board of Directors has approved several refund credits in the past to currently active accounts, excluding fire detector check accounts, with the latest refund credit being approved on December 13, 2007; and WHEREAS, the latest unexpected check was received from the Municipal Water District of Orange County in an amount of $187,344.83; and WHEREAS, On December 13, 2007, the Board of Directors approved and authorized the General Manager to issue a one time refund credit of $8.01 to all currently active accounts, excluding fire detector check accounts. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District that the adoption of this Resolution hereby authorizes the General Manager to process all future unexpected refund check(s) in the following prescribed manner: Section 1. By taking the total amount of the refund divided by the total number of active water accounts, excluding the fire detector check accounts, on a date specific selected by the General Manager. Section 2. The refund shall be made as a one (1) time credit. The refunds will be processed on the water billing cycle established by the District. Section 3. If the water bill with the credit is returned by the U.S. Post Office for any reason, those refund credits will be applied to the water operating account. Section 4. If the unexpected refund amounts to a credit of $0.10 or less on the customers water bill, the General Manager shall deposit the entire check into the water operating fund to offset the programming and administrative costs. Section 5. Resolution No. 08-01 becomes effective from this date forward. PASSED AND ADOPTED this 28th day of February, 2008, by the following called vote: AYES: NOES: ABSENT: ABSTAIN John Summerfield, President ATTEST: Michael A. Payne, Secretary ITEM NO. YORBA LINDA WATER DISTRICT Statement of Cash Flows/Earnings for February 2008 I - Beginning Period Balances As of 1/31/2008 Total Original Cost 18,433,787 + Net Amort/Accr to Date 73,469 =Adjusted Book Value: 18,507,255 + Accrued Interest Receivable 132,298 + Unrealized Gain/(Loss) 4,869 = Total Market Value Plus Accrued Interest 18,644,422 II: Period Income Earned + Ending Accrual 37,162 - Begininning Accrual (132,298) + Interest Received 144,831 - Interest Paid at Purchase - + Interest Received at Sale - = Interest Earned in Period 49,6951 + (Amort)/Accr This Period 9,666 = Monthly Portfolio Income I $ 59,3611 + Contributions - - Withdrawals - + Realized Gain/(Loss) - - Fees Paid This Period (3,193) - Prior Period Unrealized Gain/Loss 4,869 + End Of Period Unrealized Gain/Loss (6,554) + Net Receipts/Deliveries in Kind 0.00 + Adjustments 0.00 = Net Change to the Portfolio (4,949) 1 =Total Market Value Plus Accrued Interest 18,689,168 III: End of Period Balances As of 2/29/2007 Total Original Cost 18,584,735 + Net Amort/Accr to Date 73,825 = Adjusted Book Value 18,658,560 + Accrued Interest Receivable 37,162 + Unrealized Gain/(Loss) (6,554) = Total Market Value Plus Accrued Interest 18,689,168 Reconciliation Difference: - Wells Capital Management Holdings Report Yorba Linda Water District Securities Held as of 2/29/08 on a Trade Date Basis 18611500 Identifier Credit Ratings Par Value Security Description Coupon Final Effective Days Duration Market Price Market Market Value Holdings as YTM at Maturity Maturity to Eff Value +Accrued Percentage of Purchase Maturity Interest Account or Reset Moody's S &P Fitch I. Cash & Cash Equivalents (Original maturity of 90 days or less) Cash U.S. DOLLARS (0) PENDING CASH (0) (0) 0.00% 0.00% (0) 0 0.00 0 0 0.00% 0.00% Money Mkt Securities Agency Discount Note Commercial Paper Money Market Fund VP7000038 11,934,998 WF ADV MONEY MKT TR #645 3.287 03/01/08 1 0.00 100.000 11,934,998 11,960,047 63.99% 3.29% Cash & Cash Equivalents Total 11,934,998 1 0.00 11,934,998 11,960,047 44.80% 3.67% II. Marketable Securities (Original maturity greater than 90 days) 11A: Short Term Securities (Remaining maturity of less than 365 days) Corporate Securities Corporate Obligation 073902HB7 A2 A A+ 400,000 BEAR STEARNS CO INC 3.456 04129/08 04129/08 60 0.17 99.691 398,765 399,994 2.14% 3.46% 38141EKG3 Aa3 AA- AA- 700,000 GOLDMAN SACHS GROUP INC 3.406 07/29/08 07/29/08 151 0.17 99.803 698,619 700,738 3.75% 3.41% 40429CCU4 Aa3 AA- AA- 400,000 HSBC FINANCE CORPORATION 5.824 09/15/08 09/15/08 199 0.04 99.268 397,072 401,926 2.13% 5.82% 52517PJ28 Al A+ AA- 400,000 LEHMAN BROTHERS HOLDINGS 3.115 05/29/08 05/29/08 90 0.00 99.647 398,587 398,621 2.14% 3.12% 59018YVZ1 Al A+ A+ 700,000 MERRILL LYNCH & CO 1168 08/22/08 08/22/08 175 0.20 99.206 694,441 694,933 3.72% 3.17% 617446A82 Aa3 AA- AA- 650,000 MORGAN STANLEY 3.151 11/21/08 11/21/08 266 0.06 99.259 645,184 645,696 3.46% 3.15% 7591EPAB6 Al A A+ 450,000 REGIONS FINANCIAL CORPORK 3.208 08/08/08 08/08/08 161 0.19 99.586 448,135 449,017 2.40% 3.21% 929903AQ5 Aa3 AA- AA- 700,000 WACHOVIA CORP 3.301 10/28/08 10/28/08 242 0.16 99.995 699,963 701,953 3.75% 330% 4,400,000 178 0.14 4,380,765 4,392,879 23.49% 3.49% Govt Securities Gov Agncy Obligation 4,400,000 178 0.14 4,380,765 4,392,879 23.49% 3.49% Money Mkt Securities Agency Discount Note 313588YRO AGY AGY AGY 1,450,000 FNMA 0.000 06127/08 06/27/08 119 0.32 99.220 1,438,690 1,438,690 7.71% 5.26% Commercial Paper 50285LD43 P1 A -1 F -1 900,000 LAFAYETTE ASSET 0.000 04/04/08 04 /04/08 35 0.09 99.728 897,552 897,552 4.81% 5.43% 2,350,000 87 0.23 2,336,242 2,336,242 12.53% 5.33% Short Terre Securities Total 6,750,000 146 0.18 6,717,007 6,729,121 36.01% 4.13% 119: Long -Tenn Securities (Remaining maturity greater than 365 days) Corporate Securities Corporate Obligation The above information is an estimate of certain investment calculations and does not represent your audited statement of record. Page: 1 of 2 Holdings Report Securities Held as of: 2/29/08 on a Trade Date Basis Identifier Credit Ratings Par Value Moody's S&P Fitch Long Term Securities Total 0 Marketable Securities Total 6,750,000 18,684,999 Security Description Coupon Final Effective Days Maturity Maturity to Eff Maturity 0 146 53 Yorba Linda Water District 18611500 Duration Market Price Market Market Value Holdings as YTM at Value + Accrued Percentage of Purchase Interest Account or Reset 0.00 0 0 0.00% 0.00% 0.18 6,717,007 6,729,121 36.01% 4.13% 0.06 18,652,006 18,689,168 100.00% 3.59% The above information is an estimate of certain investment calculations and does not represent your audited statement of record. Page: 2 Of 2 Account Overview Yorba Linda Water District Funding Date: 10/25/2005 Portfolio Statistics as of: 2/29/2008 Account Characteristics: Portfolio Yield to Maturity 3.59% Total Unrealized Gains/(Losses) - Current: (6,554) Total Net Realized Gains/(Losses) - Since Inception: 496 Total Long-Term Investments: - Total Short Duration Investments/Money Market Secs: 18,652,006 Total Market Value: 18,652,006 Total Number of Issues in the Portfolio: 11 MARKET DATA Overnight Fed Funds Rate: 3.00% 6-Month T-Bill Yield: 1.820/0 12-Month T-Note Yield: 1.57% WELLS CAPITAL MANAGEMENT Portfolio Summary Report Yorba Linda N ater District For the period : 02/01/08 to 02/29/08 18611500 Portfolio Characteristics Market Value: 18,652,005.94 Unrealized G /L: (6,553.85) Yield To Maturity: 3.59% Portfolio Duration: 0.06 Years Avg. Days to Maturity: 53 Avg. Portfolio Credit Quality: Aa1 Market Data 02/29/08 01/31/08 Yields: 4.8% 0.60 6 Month Treasury Bill: 1.82% 2.06% 2 Year Treasury Note: 1.63% 2.17% 5 Year Treasury Note: 2.50% 2.82% Fed Funds Target: 3.00% 3.00% Portfolio Breakdown Agency Discount Note Commercial Paper Corporate Obligation Money Market Fund Pending_Cash Total Credit Quality* Effective Maturity Distribution Market Value % of Account 1,438,690.00 7.71% 897,552.00 4.81% 4,380,765.35 23.49% 11,934,998.48 63.99% 18, 652, 005.94 100.00% l c a togs - e tary o/n 2 to 90 91 to 180 181 to 1 year 1 to 2 years > 2 years The above information is an estimate of certain investment calculations and does not represent your audited statement of record. 0.70 P1 /MIG1/VMIG1 /A -1 4.8% 0.60 Aaa /AAA 7.7% Aa /AA 13.1% 0.50 A/A 10.4% Baa /BBB 0.0% 0.40 Other 0.0% Cash /Overnights 64.0% 030 Not Rated 0.0% 100.0% 0.20 Moody's Ratings - Primary 0.10 S &P Ratings - Secondary Z;#,;, R t T rt 000 Market Value % of Account 1,438,690.00 7.71% 897,552.00 4.81% 4,380,765.35 23.49% 11,934,998.48 63.99% 18, 652, 005.94 100.00% l c a togs - e tary o/n 2 to 90 91 to 180 181 to 1 year 1 to 2 years > 2 years The above information is an estimate of certain investment calculations and does not represent your audited statement of record. ITEM NO. _3/_ AGENDA REPORT Committee Meeting Date: Marchl1, 2008 To: Finance-Accounting Committee From: Michael A. Payne, General Manager Staff Contact: Diane Cyganik, Finance Director Sandi Van Etten, Senior Accountant Reviewed by General Counsel: N/A Budgeted: Funding Source: CEQA Account No: Compliance: N/A Estimated Costs: Subject: Investment Report for January 2008 N/A Total Budget: N/A N/A Job No: N/A Dept: SUMMARY: Government Code Section 53607, et, seq., requires the person delegated to invest funds to make a quarterly report of the investments to the legislative body. DISCUSSION: I am submitting the January 2008 monthly investment report for your information. I will submit a formal report of the investments for Board action for the quarter ending March 31, 2008 upon approval of the Investment Report. Below is a chart summarizing the yields as well as terms and maturities for the month of January 2008: Avg. Avg. Portfolio Portfolio # of Avg. Term Month Yield With Out Yield With Days to of Portfolio in of 2008 Wells Capital Wells Capital Maturity Days January 3.69% 4.11% 78 45 Below is a chart comparing operating fund interest for current and prior fiscal years: Actual Interest Monthly, Operating Fund Year-to-Date, Operating Fund Budget Interest Budget, Operating Fund 01 /31 /07 01/31/08 $ 14,784 $ 2,509 $125,407 $25,348 2006/2007 2007/2008 $333,470 $86,000 Interest earned on investments is recorded in the Fund that owns the investment. Yorba Linda Water District Investment Portfolio Report January 31, 2008 Market Value Cost Certificates ofDenosit. $ 100,000 100,000 $ 100,000 $ 100,000 Cash & Checking Accounts: $ 163,602 $ 163,602 1,200 1,200 $ 164,802 $ 164,802 % Institution Pacific Western 0.36% Total Certificates of Deposit Wells Fargo Bank Imprest Cash 0.59% Total Monev Market Accounts: $ 757,518 $ 757,518 Wells Fargo Money Market 317,914 317,914 Wells Fargo MM/Annexation $ 1,075,432 $ 1,075,432 3.84% Total $ 1,340,234 $ 1,340,234 4.79% Sub-total Percent Investment Maturity Yield Date Date 4.05% 02/04/05 02/04/08 4.05% N/A 0.00% 1.89% N/A 1.89% 1.89% 1.82% Ore Co Commingled Investment Pool: $ 131,657 $ 131,657 0.47% Orange County Commingled Fund 4.97% Cali or'j' Arbitrage Memt. Program: ,50 ,313 $ 6,501,313 23.24% California Arbitrage Mgmt. Program 4.50% Monev Market Account: $ 1,496,677 $ 1,496,677 5.35% US Bank/Revenue Bond $ 9,469,881 $ 9,469,881 33.85% Sub Total Investments Individual Management Account: N/A N/A 1.75% N/A 3.69% $ 18,512,124 $ 18,507,255 66.15% Wells Capital Management 4.33% N/A $ 27,982,005 $ 27,977,136 100% Total Investments 4.11% Per Government Code requirements, the Investment Report is in compliance with the Yorba Water District's Investment Policy and there are adequate funds available to meet budgeted and actual expenditures for the six months. V T-1/ Sandi Van Etten, Senior Accountant 1/31/08 Investment Summary Comparison The distribution of investments in the portfolio both in dollars and as a percentage of the total portfolio by funds is as follows: Fund Description 01/31/08 Annexation Fees $ 13,735,359 48.86% Water Fund -2,705,785 -9.62% Bond Fund 1,496,677 5.32% Sewer Fund 1,249,495 4.44% Imp. Dist. No. 1 4,683,311 16.66% Imp. Dist. No. 2 9.655.247 34.34% $28.114.304 100.00%. PRIOR RELEVANT BOARD ACTION(S): These reports are presented to the Finance-Accounting Committee on a regular basis. Quarterly Investment Reports are presented to the Board of Directors. STAFF RECOMMENDATION: That the Finance-Accounting Committee receive and file the report. MUNICIPAL a WATER DISTRICT OF ORANGE COUNTY TO: Board of Directors FROM: Kevin Hunt General Manager DISCUSSION ITEM March 5, 2008 Staff Contact: Matt Stone SUBJECT: MET 2008/09 WATER RATES STAFF RECOMMENDATION ITEM NO. 5 Staff recommends the Board of Directors to review and discuss this information. SUMMARY This report highlights key items on Metropolitan's proposed Fiscal Year 2008/09 Budget. DETAILED REPORT In January, Metropolitan staff presented three water rate options to the Board for consideration. These ranged from a 9.8 % to 20% incre---_, Rate Current Rate Option 1 Option 2 Option 3 Component January 2008 January 2009 January 2009 January 2009 Tier 1 $73 $109 $134 $128 Tier 2 $171 $250 $250 $250 System Access $143 $143 $143 $155 Stewardship $25 $25 $25 $32 Power $110 $110 $110 $116 Treatment $157 $167 $167 $177 Treated Tier 1 $508 $554 $579 $608 Treated Tier 2 $606 $695 $695 $730 Budgeted (Y/N): I Budgeted amount: Action item amount: Line item: Fiscal Impact (explain if unbudgeted): Discussion Item The Metropolitan staff recommended Option 2 was a 14% increase and included the 9.8% increase in Option 1 plus a $25 surcharge to deal with the supply cost impacts of the Delta Smelt ruling. Option 3 would raise rates to a level that would fully recover Metropolitan's cost of service. Relationshio of Rates. PAYGO. and Reserve Fund Balances In recent years, Metropolitan has deferred larger rate increases in favor of draws on the water rate stabilization fund and/or reduced PAYGO funding. Metropolitan's January rate letter included analysis of projected reserve levels for each rate option. [Note: the updated March Board letter was not yet available when this item went to press. Specific reserve level projections may vary slightly in the March letter.] Under Option1, Metropolitan's Water Rate Stabilization Fund (WRSF) reserve balances would drop well below the minimum target level of abut $200 million in 2009, 2010 and 2011 to as low as $45 million. Under Option 2, the WRSF balance would drop as low as $81 million in 2009 and $96 million in 2010, assuming full PAYGO funding in 2009, 2010, and 2011. In Option 3, the WRSF balance would dip to $104 million in 2009 and $166 million in 2006. Metropolitan included analysis in its Budget workshop in February of a reduced PAYGO scenario, that, when combined with Rate Option 2, would preserve higher WRSF balances in 2009, 2010, and 2011. This would preserve additional cash reserves on hand to address unexpected costs or to handle the impact of reduced sales due to wet weather or a shortage. The trade off is that additional capital projects would be financed with debt at a cost to future ratepayers. Replenishment Rates Proposed Replenishment Rates for each option are shown below: i Rate Component Untreated Replenishment Treated Replenishment Current Rate January 2008 $258 $390 Option 1 January 2009 $294 $436 Option 2 January 2009 $319 $461 Option 3 January 2009 $338 $490 At the February water rate hearing at Metropolitan, two proposals were made by member agencies regarding Replenishment Rates. Page 2 Inland Empire Utilities Agency suggested that if Option 2 were selected by the Board, the $25 surcharge not be applied to replenishment rates since it is meant to cover the costs of replacing firm water. This would result in lower rates for Replenishment under Option 2. Discussion Item MWDOC and OCWD, along with support from members of AGWA, endorsed a change in the calculation of the Replenishment Rate so that increases in the cost of Firm water are not added on a dollar for dollar basis as they have been since 2003. Under this proposal, the Replenishment rate would be set using the same relative proportion that Replenishment had to Tier 1 in 2003 (about 70-71 This would result in lower rates than those proposed above. Neither proposal would have a revenue impact on Metropolitan in the near term, as replenishment water is not expected to be available for sale in 2009. If conditions were to be so favorable that Replenishment water became available, then Metropolitan should strive to set prices that encourage maximum replenishment while water is available. Readiness to Serve Charqe Options 1 and 2 include a proposed increase in the Readiness to Serve Charge from $82 million to $92 million; Option 3 proposes an increase to $100 million. Under Option 2, MWDOC's net RTS charge is expected to be $4.035 million, up somewhat from $3.691 million the prior year. Capacity Charqe Metropolitan's Capacity Charge would remain at $6200 per cubic foot per second of peak day flow. MWDOC's Capacity Charge from Metropolitan would decrease to $3.152 million (down from $3.507 million the prior year) due to reductions in our total peak flow. This is the result of favorable conditions and improved system operations by many client agencies as they have responded to Metropolitan's Capacity Charge. Page 3 DRAFT-DRAFT-DRAFT-DRAFT January 28, 2008 Proposed 2009 Water Rates and Charges Metropolitan Water District January 2008 Summary. Metropolitan has proposed changes to its rates and charges as shown in the following table: Effective on Effective on Rate Element Januarv 1, 2008 Januarv 1. 2009 Change % Change Tier 1 Supply ($/ao 73 los 36 49.3% Tier 2 Supply ($/ao 171 250 79 46.1% Water Supply Surcharge ($/af) 25- 25 NA System Access ($/af) 143 143 0.0% Water Stewardship ($/af) 25 25 0.0% System Power ($/af) 110 110 0.0% Treatment ($/af) 157 167 10 6.3% Capacity Charge ($/cfs) 6,800 6,800 0.0% Readiness-to-Serve ($M) 82 92 10 12.2% Trted Replenishment ($/af) 390 461 (1) 71 18.2% Untrted Replenishment ($/af) 258 319(l) 61 23.6% Treated IAWP ($/af) 394 465(l) 71 18.0% Untreated IAWP ($/af) 261 322(l) 61 23.3% Untreated Tier 1 351 412 61 17.3% Untreated Tier 2 449 528 79 17.5% Treated Tier 1 508 579 71 13.9% Treated Tier 2 606 695 89 14.6% (1) Replenishment and IAWP rates include the $25/af Water Supply Surcharge. As shown above, Tier 1 Full Service Rates will be increasing by $61/af, while Treated Tier 1 Full Service Rates will be increasing by $71/af. In addition, the current proposal will result in similar increases in the replenishment and agricultural rates. Revenue Impact. This proposed increase is expected to generate about $157 million in additional revenues over calendar year 2009. This is based on water sales of 2.23 million acre-feet during the period. Agenda Item # AGENDA ITEM SUBMITTAL Meeting Date: January 30, 2008 Budgeted: N/A Budgeted Amount: N/A To: Board of Directors Cost Estimate: N/A Funding Source: N/A Program/Line Item No: N/A From: Mike Markus Staff Contact: J. Kennedy/C. Miller General Counsel Approval: N/A Engineers/Feasibility Report: N/A CEQA Compliance: N/A Subject: BASIN PRODUCTION PERCENTAGE AND REPLENISHMENT ASSESSMENT ESTIMATES FOR FISCAL YEAR 2008-09 SUMMARY The Basin Production Percentage (BPP) setting methodology adopted in December 2007 calls for the District to provide an estimate of the BPP each January for the following fiscal year to assist the Groundwater Producers in the preparation of their annual budgets. Additionally the Producers request a Replenishment Assessment (RA) estimate. Significant policy issues need to be decided by the OCWD Board over the next few months which will have an impact on the setting of the FY 2008-09 RA and BPP. The estimated FY 2008-09 RA and BPP for two scenarios described in this report is provided in the following table. The current RA is $237/af. The current BPP is 82%. 1 71% $235/af 2 66% $254/af With Board approval, staff will provide these draft figures to the Groundwater Producers. RECOMMENDATION `1 Provide the FY 2008-09 Replenishment Assessment and Basin Production Percentage estimates to the Groundwater Producers along with any additional Board comments. BACKGROUND/ANALYSIS A number of significant policy issues will impact the setting of the FY 2008-09 BPP and RA. The District will need to make decisions on these issues within the next three months. They include: 1. It is likely that MWD Replenishment water will not be available in FY 2008-09. In the short term the District will need to determine how to operate the basin under this condition. As discussed at the January 16, 2008 Board meeting, MWD expects the District to generally drawdown the basin in FY 2008-09, to maintain a relatively high BPP, and to keep demands off of the MWD system. This is the primary benefit MWD receives in providing replenishment water and is how the District is operating during the current FY 2007-08. As shown on the following page with the adopted BPP equation, the value placed in the "MWD Replenishment Water" box has a big impact on the resulting BPP. For purposes of this report, staff has provided two scenarios or options In the long term it appears that replenishment water may not be available for extended periods due to recent events with the State's water supplies. MWD staff has estimated that replenishment water may only be available 3 out of 10 years in the future. This lack of replenishment water will likely create a need to reduce basin pumping and the BPP. On average the BPP would need to decline by approximately 13%. If such occurs, it would be desirable to transition to this lower BPP over a few years versus one year. 2. The District typically budgets to purchase 65,000 of of MWD replenishment water. If the District decides to overdraft the groundwater basin in FY 2008-09, it would be prudent to budget for replenishment water even though it will likely not be available and to set aside the collected monies in the District's water fund to assist in refilling the basin in the future. The District can expect to have approximately $23.8 million in the water fund by the end of FY 2007-08. For the Scenario 1 and 2 FY 2008-09 RA and BPP projections, the water budget was set so that by the end of the fiscal year, the District's water fund balance would increase to approximately $31.1 million which would provide for the purchase of an additional 65,000 of of MWD water at the projected 2009 MWD in-lieu water rate. The District should decide what is an appropriate maximum amount for the water fund in the next few months. This amount could be set in relation to the basin's accumulated overdraft which is projected to be around 293,000 of by the end of this fiscal year. However other options are available. 3. It appears the State plans to take the District's Ad-valorem property tax revenues. The District is working to prevent this from occurring. It would be very desirous to know the outcome of this issue prior to establishing the RA in April 2008. Under normal circumstances we would expect to receive approximately $18 million in FY 2008-09. If and how much may be taken is unknown at this time thus no property tax loss was assumed for these estimates. 2 Although the previous passage of Proposition 1A in 2005 calls for the State to repay this money within three years, it may be prudent to raise the RA to recover the lost revenue in FY 2008-09 and then to give this money back in the form of lower rates in the future if the State actually repays their taking. For planning purposes, the RA needs to be increased approximately $3/af for each million dollars taken by the State. In FY 2004-05 and FY 2005-06 the State took $7.4 million each year. The District added a $24/af RA surcharge to recover the lost revenue for these two years. BPP Fguation As adopted in December 2007 the following equation is used to assist the District in annually setting the BPP. Based upon historically water supply data through December 2007, staff has provided projections for the FY2008-09 BPP. In April staff will provide a second BPP calculation for FY2008-09, which will be based upon historical data through March 2007. Adopted BPP Equation Natural SAR Storm Incidental Flows using + Recharge using Probability Probability + S Se Expected Flows GWR System (5-yr Avg) + Supplies Other expected supplies such as MWD + Alamitos Barrier and + Replenishment Arlington Desalter Water Total Water Demands (5-yr Avg) - Expected Planned Wo Basin Refill pumping (from table) above BPP = BPP Expected Reclaimed & Local Supplies FY 2008-09 RA and BPP estimates have been provided for two scenarios: Scenario 1 - Assumes the District will include 65,000 of of MWD replenishment water in the BPP formula even though it is expected that very little to none of this water will actually be available to purchase and recharge into the basin. Under this scenario the District would completely satisfy the remaining expectations of the Metropolitan Water District (MWD) in FY 2008-09 by further overdrafting the groundwater basin and keeping demands off of the MWD system. The RA for this scenario actually declines for two reasons: 3 o The water budget has been greatly reduced to only fund the purchase of 20,000 of of MWD replenishment water as previously mentioned; and o The BPP is still relatively high as the District is including 65,000 of of MWD replenishment water in the BPP formula. Scenario 2 - The District would include 40,000 of of Metropolitan replenishment water in the BPP formula. This scenario assumes the District would satisfy the remaining expectations of MWD over the next two fiscal years. In FY 2009-10 the District would include 25,000 of of MWD replenishment water in the BPP formula. These amounts could change for either year, but they need to add up to 65,000 af. Five Year BPP Proiections Five year BPP projections are provided for Scenarios 1 and 2. The scenarios assume average local hydrology and MWD replenishment water will not be available. The District has a financial model to make these future projections which has been updated with the new BPP formula. The model can be run under different future hydrological scenarios such as dry, wet or average conditions. The model assists staff in planning future rates and managing the basin. These five year projections will be updated after the FY 2008-09 RA and BPP have been established this spring and the budget process is completed. Scenario 1 - Accumulated Overdraft, RA and BPP Projections 400 82% $288 $277 $287 $292 c 300 - - - 80% _ 69% Co 0 200 o $224 7100 60% 100 57% 60% 60% 0170 ° V 50% Q Cc v 0 - - 40% (100) O -197 228 - - 30% E (200) I -282 - 20% o U -293 I -306 Q (300) -333 I 110% .1111 T (400) 0% 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 Accum. Overdraft (x 1,000) RA BPP N C U a~ a- c 0 U 3 2 0- C .N m 00 Note: For FY07-08 the base BPP was established at 74%. The BPP was subsequently raised to 82% under the MWD Supplemental (Super In-lieu) program requirements. 4 and OPP Projections g0% A Ulatied Q verdra , s2g2 00% rn ,CUM $287 goenario 2 X279 70% _-a2°lo 00% a 10 X00 6g% r g0% U 66°/o ° 60a/o 40% 2p0 $224 300 t]`. 00 -231 20% -287 10% (1 q0) _197 _308 _312 00/0 -293 (200 2012-13 i 2010.11 2011-12 ~ r {00, 08-09 2009-10 P 1 20 - RA (4001 47 2007-08 X 20p6' Overdraft ( 5 Take Action: ACWA State Budget Alert: LAO proposes new ERAF-like shift Pagel of 2 ITEM NO. ACWA State Budget Alert: LAO proposes new ERAF- like shift Friends of ACWA The state's Legislative Analysts' Office (LAO) released its annual "Perspectives & Issues" report on the state budget yesterday and laid out a series of alternatives to the Governor's January proposal. Unfortunately, the LAO targeted water and wastewater special districts to shift property tax funds to counties via a new ERAF-like fund called the Public Safety Realignment Account (PSRA). The LAO is recommending $188 million be shifted each year without an end to fund the transfer of responsibility of superivising Take Action or parolees from the state to the counties. LAO is also recommending that Send this mess within a couple of years the legislature should authorize county boards of . supervisors to decide whether the remaining 50% of water and wastewater property tax revenues left after this $188 million shift should be reallocated to e Your other local government. Assembl Tell me more you live Californi Talking Points . Your Sta (if you li Californi . According to the LAO estimate, the $188 million represents 50% of the annual water and wastewater Send This I district property tax revenues. . We are adamantly opposed to water districts being used as If you are not r an ATM for the state for a purpose that has absolutely no Payne, click he nexus with managing, conserving, recycling, storing or Complete the f delivering water in California. send this mess . The counties would receive $495 million from the newly have participab created PSRA from three sources: $188 million from dust type in you water and wastewater special district property taxes, $178 address then su million from city Proposition 172 sales taxes, and $130 form. million from vehicle license fees retained at the DMV Email:* . ACWA has met with Governor's staff, Dept. of Finance mpayne@ylwd staff and key budget and legislative staff since November First Name:* 2007 to oppose potential Prop. 1A (2004) suspension Michael http://ga6.org/campaign/statebudgetalertlao/step 1 3/5/2008 ACWA State Budget Alert: LAO proposes new ERAF-like shift Mike Payne From: acwabox@acwa.com on behalf of ACWA [acwabox@acwa.com] Sent: Friday, February 22, 2008 10:07 AM To: Mike Payne Subject: Dear Michael Payne, Pagel of 3 ACWA State Budget Alert: LAO Take Action! proposes new ERAF-like shift Instructions: Click here to take action on this Dear Michael Payne, issue or choose the "Reply to Sender" option on your email The state's Legislative Analyst's Office (LAO) released program. its annual "Perspectives & Issues" report on the state budget yesterday and laid out a series of alternatives to the Governor's January proposal. The LAO Tell-A-Friend: targeted water and wastewater special districts to Visit the web address below to shift property tax funds to counties via a new ERAF- tell your friends about this. Friend Tell a ! - like fund called the Public Safety Realignment Account (PSRA). The LAO is recommending $188 million be shifted each year without end to fund the transfer of responsibility of supervising parolees from What's At Stake: the state to the counties. LAO is also recommending that within a couple of years the legislature should a $188 million annually authorize county boards of supervisors to decide (50% of total water and whether the remaining 50% of water and wastewater wastewater property property tax revenues left after this $188 million shift tax revenues per year) should be reallocated to other local governments. • Another ill-advised ERAF-like shift with no end in sight • This property tax hit T k A ti combined with other a o c on LAO proposed fee increases along with Send a letter to the following decision maker(s): existing, ongoing ERAF Your Assemblyperson (if you live in California) shifts will gravely Your State Senator (if you live in California) impact water district's financial stability Below is the sample letter: Subject: We oppose new ERAF-like PSRA Campaign Expiration Date: March 16, 2008 Dear [decision maker name automatically inserted here], 3/5/2008 ACWA State Budget Alert: LAO proposes new ERAF-like shift Page 2 of 3 Assemblymember or State Senator (write in their name here) State Capitol Sacramento, CA 95814 Dear Honorable (write in their name here): (Your agency's name here) is frankly outraged at the recent Legislative Analyst's Office (LAO) proposal on funding a criminal justice parole realignment plan on the backs of water and wastewater districts and their ratepayers throughout California to the tune of $188 million dollars annually. Could the state be so desperate as to create another ERAF scheme to take local government dollars away from water districts to fund a parolee supervision plan that has no nexus with the critical responsibility of managing and delivering water to Californians? Water districts have already paid millions of dollars into the ERAF fund since the last recession of the early 90s that they are still paying. Another additional 2-year ERAF shift just dumped approximately $600 million into ERAF since 2004. Does anyone oth er than the LAO think it's a good idea to create a new ERAF-like mechanism the Public Safety Realignment Account, or PSRA to take more revenues from special districts? California is in the midst of a severe water crisis. Slashing property tax funding to water and wastewater districts throughout California would be reckless and have severe impacts to residents statewide. The LAO states that "this property tax shift, in turn, would put pressure on districts to increase service charges." Since water districts must adhere to Proposition 218's strict rules raising additional fees or taxes locally is extremely difficult at a time when ratepayers already face rising costs for energy and other essentials. (Put concrete examples here of how your water district was financially impacted in the latest ERAF shift of 2004-05 and 2005-06 or the amount annually that your district continues to transfer into the ERAF fund. Include the actual projects that were delaye d or shelved because of the ERAF shifts and how that impacted your ratepayers. Detail any roadblocks experienced with Prop. 218 to replace property tax funds with fees) (Your water district's name here) stands with ACWA in opposing this LAO-proposed shift of $188 million in property taxed from water and wastewater special 3/5/2008 ACWA State Budget Alert: LAO proposes new ERAF-like shift Page 3 of 3 disticts into the PSRA fund annually and without end. We urge you to oppose this proposal when it is heard and voted upon this spring. Sincerely, Michael Payne 4 Take won 1 If you received this message from a friend, you can sign_up_for ACWA. This message was sent to mpayne@ylwd.com. Visit your subscription management pane to modify communication preferences or update your personal profile. To stop ALL email from ACWA, click to i yourself from our lists (or reply via email with "remove or unsubscribe" in the subject line). Leadership Advocacy Information m%wanwaxom Povsv rail by GetActiv'e 3/5/2008 MC CORMICK, KIDMAN & BEHRENS, LLP LAWYERS 650 TOWN CENTER DRIVE SUITE 100 COSTA MESA, CALIFORNIA 92626 TELEPHONES (714) 755-3100 (800) 755-3100 FAX (714) 755-3110 www.mkblawvers.com MEMORANDUM TO: YORBA LINDA WATER DISTRICT FROM: MCCORMICK, KIDMAN & BEI IRENS DATE: JANUARY 23, 2008 RE: STATE BUDGET SITUATION AND POTENTIAL IMPACTS ON YOUR REVENUES: PROCEDURES FOR DECLARING A FISCAL EMERGENCY AND CONSEQUENCES UNDER PROPOSITIONS 1A AND 58 INTRODUCTION This is to keep you informed of what we know regarding the recently proposed actions by the Governor's office on the state budget, since those actions (and those of the Legislature in response) may wind up affecting the revenues of local agencies. SHORT ANSWER The Governor is focusing on two angles in response to the reduced revenues the state has experienced. First, he is attempting to reduce expenditures under the budget this year; second, he is proposing a significantly reduced budget for the 2008-2009 Fiscal Year.' Local governments were already concerned that the projected budget shortfall would involve another raid on local revenue based on past history. There are two Constitutional provisions previously passed by the voters that bear on in this situation: Propositions 58 and IA. This memorandum will explain where we presently stand with respect to both. Proposition 58 allows the Governor to take certain steps to deal with the current budget (2007-2008). Proposition IA, if invoked, would apply to the 2008-2009 budget. As discussed in this memo, Proposition 58's provisions were invoked by the Governor on January 10 and, depending on the outcome of that process, could lead to a raid on local revenue under Proposition 1A for 2008-2009.2 I California's Fiscal Year runs from July 1-June 30; thus, the present (2007-2008) Fiscal Year lasts until June 30, 2008 and the 2008-2009 Fiscal Year is from July 1, 2008-June 30, 2009. 2 Please note, Proposition 1A dealt with three types of local government revenues that had been subjected to "shifts" before- ad valorem ("AV") Property Taxes, Vehicle License Fees, and Memorandum on Local Government Budget Reallocation Concerns For MKB Clients Receiving Ad Valorem Property Tax Revenue January 23, 2008 - page 2 DISCUSSION AND RECOMMENDATION 1. The Governor has Invoked the Mid-Year Provisions of Prop. 58 to Resolve the Present. Mid-Year 2007-2008 Budget Shortfall While Proposition 58 (enacted by the voters in the March 2, 2004 election) has a variety of elements,3 those at issue now are the "mid-year provisions" allowing the Governor to declare a "fiscal emergency" if the state was facing shortfalls or spending deficiencies. The Governor invoked these mid-year provisions on January 10, 2008. In doing so he issued a proclamation declaring a fiscal emergency, as required, and then called for a Special Session. Cal. Const., Art. IV, § 10(f)(1). The next step requires the proclamation to be "submitted by the Governor to the Legislature, accompanied by proposed legislation" to address the fiscal emergency. Cal. Const., Art. IV, § 10(f)(1). The Governor's websites talk about a proposal known as the "Budget Stabilization Act," a constitutional amendment, in this regard but so far does not include any actual proposed legislation. Once the second requirement is met, the Legislature would be required to submit a bill to the Governor on the issue within 45 days or cease all other business. Cal. Const., Art. IV, § 10(f)(2). Summary. The invocation of Proposition 58 does not affect local governments immediately, but once Proposition 58 is effectively invoked, then the Legislature has 45 days to submit a bill to the Governor otherwise it must cease all other business. Cal. Const., Art. IV, § 10(f)(2). If the Legislature and the Governor are unable to reach a compromise on budget cuts with respect to the 2007-2008 budget, the temptation will increase for the Legislature and the Governor to seek additional revenue from local government by suspending the protections that are contained in Proposition IA for the 2008-2009 budget to help make up for problems in the 2007-2008 budget. Sales Taxes. This memo focuses on the procedures and potential outcomes as they relate to AV Property Taxes. 3 In addition to the mid-year provisions discussed herein, Proposition 58 included requirements for achieving and maintaining a balanced budget and for a reserve "Budget Stabilization Account" within the State's General Fund to make up for shortfalls, and prohibited future deficit borrowing. Memorandum on Local Government Budget Reallocation Concerns For MKB Clients Receiving Ad Valorem Property Tax Revenue January 23, 2008 - page 3 II. In Negotiating over the FY 2008-2009 Budget, the Governor and the Legislature Mav Resort to Borrowing from Local Government Property Tax Revenues to Soften the Impact of the Governor's Proposed Cuts. Proposition IA was enacted by the voters in 2004. Proposition IA was proposed as a compromise between local government, the Legislature and the Governor after two prior revenue shifts by the state. Proposition 1A thus provides certain protections against future revenue shifts. For example, Proposition 1 A provided the general guarantee that AV Property Taxes would not be reduced in any county below the percentage at which those taxes would have stood under Constitution, Article XIIIA, § 1(a), and the statutes in effect on November 3, 2004. See Cal. Const., Art. XIII, 25.5(a)(1)(A). That guarantee could be suspended, "[b]eginning with the 2008-2009 fiscal year," only if • The Governor issues a proclamation declaring that "due to a severe state fiscal hardship," the suspension of the guarantee was necessary, Cal. Const., Art. XIII § 25.5(a)(1)(B)(i), • The Legislature enacts an urgency statute, on that subject only, on a rollcall vote with 2/3 the membership of each house concurring, supporting the suspension, Cal. Const. Art. XIII § 25.5(a)(1)(B)(ii), • The Legislature enacts a statute, no later than the effective date of that urgency statute, providing for "the full repayment to local agencies of the total amount of revenue losses, including interest as provided by law," resulting from the urgency statute, and • That repayment was required to be made not later than the end of the third fiscal year immediately following the fiscal year of the suspension. Cal. Const., Art. XIII § 25.5(a)(1)(B)(iii). Under the terms of Proposition IA, the Legislature cannot resort to a suspension more than twice in a 10-year fiscal period or if the repayment from the prior suspension has not yet been made. Cal. Const. Art XIII, 25.5(a)(1)(C)(i), (ii). Finally, Proposition IA limits the amount of AV Property Taxes that may be borrowed to 8 % per county of the total AV Property Taxes that were allocated among local agencies in that county in the year of suspension. Cal. Const., Art. XIII § 25.5(a)(1)(C)(iv). Although the 8 % limitation and the invocation of property tax revenue apportionment statutes in effect on November 3, 2004 should afford protection against the property tax wipeouts experienced by some agencies in the last ERAF shift, the allocation of another ERAF-type shift under Proposition IA is uncertain and will be of critical importance. Local governments have fears that such legislation would likely be resorted to by the Legislature itself in compromise with the Governor' office on the upcoming budget, but it is our present understanding that Prop. IA legislation has not yet been proposed by the Governor. Memorandum on Local Government Budget Reallocation Concerns For MKB Clients Receiving Ad Valorem Property Tax Revenue January 23, 2008 - page 4 Summary. Proposition 1 A affords constitutional protection to local governments against the types of AV Property Tax raids imposed by the state in prior fiscal years. So far, despite local governments' fears, the Governor has not taken steps to suspend the protections of Proposition IA. Nevertheless, in the coming annual budget negotiations, the Legislature may seek to go that route rather than to make other tough state-level budget choices. In the "State of the State" speech, the Governor did discuss a need for Constitutional budget reform. If Proposition 1 A's protections are suspended, then any amounts taken from local government- devoted property taxes would have to be repaid with interest within 3 years, and the maximum amount taken from governments in any one county could not exceed 8 % of the AV Property Taxes allocated to that county in the preceding fiscal year. We will continue to monitor the situation to keep you up to date. In the meantime, we propose that you submit letters to your legislators and lobbying representatives opposing any takeaways from local government.