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Home My WebLink About2023-08-17 - Board of Directors Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Thursday, August 17, 2023, 3:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS This meeting will be held in person. For public convenience, the meeting can also be accessed via internet-based service or telephone as indicated below. For questions regarding participation, please call the Board Secretary at (714) 701-3020. Computer/Mobile Device: https://usUbweb.zoom.us/m/862b:34299/6 Telephone: (669) 444-9171 or (669) 900-6833 Meeting ID: 862 5342 9978 2. CALL TO ORDER 3. PLEDGE OF ALLEGIANCE C :T9 MOT_1" Brett R. Barbre, President Trudi DesRoches, Vice President Phil Hawkins, Director Tom Lindsey, Director J. Wayne Miller, PhD, Director 5. ADDITIONS/DELETIONS TO THE AGENDA Items may be added to the agenda upon determination by a two-thirds vote of the Board, or a unanimous vote if only three Directors are present, that there is a need to take immediate action which came to the District's attention subsequent to the agenda being posted. (GC 54954.2(b)(2)) 5.1. AB 2449 Teleconference Requests 6. PUBLIC COMMENTS Any individual wishing to address the Board (or Committee) is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to three minutes and must be related to matters of public interest within the jurisdiction of the Water District. (GC 54954.3) 7. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board (or Committee) discussions are needed prior to formal action. 7.1. Proposed Equestrian Easement at Highland Reservoir and Proposed Security Fence Recommendation That the Board of Directors review this matter and provide direction to staff regarding the proposed equestrian easement and proposed security fence at the Highland Reservoir. 7.2. Response to OC Grand Jury Report Recommendation: That the Board of Directors consider suggested revisions to Page 1 of 24 and finalize the draft response to the Orange County Grand Jury's Report - Historic Rain, Yet Drought Remains. 7.3. Nominations for ACWA Committee Appointments Recommendation: That the Board of Directors consider nominating interested Directors for appointment to ACWA committees for the 2024-2025 term. 8. CLOSED SESSION The Board may hold a closed session on items related to personnel, labor relations and/or litigation. The public is excused during these discussions. 8.1. Conference with Legal Counsel - Anticipated Litigation Initiation of Litigation Pursuant to Paragraph (4) of Subdivision (d) of Section 54956.9 of the California Government Code Number of Potential Cases: Two 8.2. Conference with Legal Counsel - Existing Litigation Pursuant to Paragraph (1) of Subdivision (d) of Section 54956.9 of the California Government Code Name of Case: Orange County Water District, et al. v. 3M Company, et al. (Orange County Superior Court - Case No. 30-2020-01172419-CU-PL-CXC) 8.3. Public Employee Performance Evaluation Pursuant to Section 54957 of the California Government Code Title: General Manager 9. ADJOURNMENT 9.1. The next regular Board meeting is scheduled Thursday, September 7, 2023 at 3:00 p.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meeting- Non-exempt eetingNon-exempt materials related to open session agenda items that are distributed to a majority of the Board of Directors (or Committee Members) less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's Administrative building located at 1717 E Miraloma Ave, Placentia CA 92870 during regular business hours. When practical, these materials will also be posted on the District's website at https://ylwd.com/. (GC 54957.5) Accommodations for the Disabled Requests for disability -related modifications or accommodations, including auxiliary aids or services, required for participation in the above -posted meeting should be directed to the Board Secretary at (714) 701-3020 at least 24 hours in advance. (GC 54954.2(a)) Page 2 of 24 ITEM NO. 7.1. Yorba Linda Water District AGENDA REPORT MEETING DATE: August 17, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Doug Davert, Assistant General Manager Rosanne Weston, Engineering Manager SUBJECT: Proposed Equestrian Easement at Highland Reservoir and Proposed Security Fence STAFF RECOMMENDATION: That the Board of Directors review this matter and provide direction to staff regarding the proposed equestrian easement and proposed security fence at the Highland Reservoir. ATTACHMENTS: 1. Highland Horse Trail Exhibits Page 3 of 24 _- LEGEND: PROPOSED HORSE TRAIL EASEMENT TO CITY OF YORBA LINDA 1 N Lti e EXISTING HORSE TRAIL \ • ~ Y ' rte' _ ' R2 � EX. 10—INCH CAST IRON '. ' 4 =� WATER MAIN �' ••� , FUTURE YLWD ACCESS ROAD ry- •°� 1 �/ PROPOSED SHARED YLWD ACCESS N - ROAD & CITY OF YORBA LINDA ��;� •' ,� �-_` ' _ _ :. - HORSE TRAIL EASEMENT f.•R "' 5211 EUREKA AVENUE r • ?^ ,� j. iia ._ ��;: .- /' ,��'�`{4j + � •' � ��, + Q' EXISTING UNPAVED ROAD tit 5231 HIGHLAND D � / LICENSE AREA /' AVENUE • _ .a\ \ ' `�� 31=.1 �,; �.. �, s fy PROPERTY LINE � 227 HIGHLAND PROPOSED YLWD FENCE 5 AVENUE C,�, PROPOSED CITY RETAINING WALL • ; EXISTING YLWD WATER MAIN — — W— A/� 5251 & 5253 ` CURRENT RESIDENT ACCESS >> A 5261 HIGHLAND HIGHLAND LEGAL RESIDENT ACCESS .�, > > AVENUE (VACANT LOT) I ',, AVENUE A EX. 10—INCH CAST IRON 5300 HIGHLAND AVENUE X"� A WATER MAIN / r s� s EX. 36—INCH WATER MAIN All A L --u e ,A, _- --- - -- 5241 HIGHLAND / -um > —� EG >>(395 AVENUE ' EG 395.0 EG �� PREVENT PUBLIC �9 • i' 11001, ACCESS foo I o O �.. 'y ��h- ^y_ ., / "�•� X6° q��so 9 9 ,9R c �o +`A 14 �A•0 Xo• 5rr PG p ES�Ro 9�s / / 5225 HIGHLAND E 441 7, Mq1 IL .° } 7 _ STRUCTURE r k,?sc O� 'J F� W W \ R �oS�T `c Z c ti�Q J� Fo W iso �1qk EX• 8—INCH ACI' WATER MAIN EX. GATE � ° EX. 10—INCH CAST IRON `—''.•t tiI W WATER MAIN vv NN VV w 'NowI'm\[v \ �w �w �i a-mawm_w ow — �W �w ��w —4--w — —w---W—__mow i -_ _ _ w YLWD HIGHLAND — W RESERVOIR � -m-mum til WN."umw 7. 00, lo u / i.'o• 1 ♦ fly P- �v AVENUE �+►4 Vii►'. � 'ter -' M J ti, " �-.��"i>�' �' ��•= / =vim–=� •• . • ,/ � � s ;\. - _ _ •y �.��• �`�r•�+'.'.; {•: • • ••' � t,` � _.-. . +' � 1. �� Y''Tia`��: � -� � :,:j ,fir r:/ :�'�3 • fir► •• •:. �.'�• �.�. � • �fi � y r"'r'�01low FA Yorba Linda Water District DISCLAIMER: DRAWN BY: EN HIGHLAND RESERVOIR HORSE TRAIL EXHIBIT THIS EXHIBIT REPRESENTS A VISUAL AID INTENDED TO ASSIST PUBLIC UTILITY DEPARTMENT PERSONNEL SCALE: NTS WITH THE MANAGEMENT OF THE WATER SYSTEM FACILITY. DATA PROVIDED HEREON IS NOT A GUARANTEE NOT FOR CONSTRUCTION OF ACTUAL FIELD CONDITIONS NOR A SUBSTITUTE FOR RECORD DRAWINGS AND FIELD VERIFICATION. DATE: 7/3/2023 Page 4 of 24 LEGEND: YLWD 1911 BLANKET EASEMENT r 1 L -------J EXISTING ROAD EASEMENT L EXISTING UTILITY EASEMENTOPBLIC E17—z7—z7—z11j EXISTING YLWD EASEMENT RIGHT—OF—WAY VACATED RIGHT—OF—WAY EXISTING YLWD WATER MAIN EXISTING UNPAVED ROAD PROPERTY LINE OBSOLETE PROPERTY LINE ✓7JIIIIl a O rEX.6-INCH WATER MAIN AWA0. A* mak mz� \ \ vw-_ ! W° \\\\ XW co 000 0 Co C6 5231 HIGHLAND AVENUE \ \ www \\\\ \ 5227 HIGHLAND AVENUE 0 5261 HIGHLAND AVENUE I \\\ 5300 HIGHLAND (VACANT LOT) I 5251 & 5253 \ °HIGHLAND AVENUE 1 1 `O AVENUE ,� 20' EX. ROAD &PUBLIC I I UTILITY EASEMENT I 1�0 PER 88-386838 C" EX. 8 -INCH Q a I O F v WATER MAIN w YLWD 1911 Q a I I I \ w w- I BLANKET ° z' I N a LU EASEMENT w Co I I I 1,320 SF NQS I I -,,- \- ' # Yorba Linda Water District YLWD HIGHLAND ' RESERVOIR w— _ _ W EX, 8 -INCH ACP WATER MAIN W W -\41---W HIGHLAND RESERVOIR HORSE TRAIL EASEMENT EXHIBIT NOT FOR CONSTRUCTION \ \ EX. 10 -INCH CAST IRON WATER MAIN 5241 HIGHLAND \ AVENUE \ DRAWN BY: EN SCALE: NTS DATE: 6/22/2023 Yorba Linda Water District MEETING DATE: TO: FROM: STAFF CONTACTS: SUBJECT: RECOMMENDATION: AGENDA REPORT August 17, 2023 Board of Directors Mark Toy, General Manager Mark Toy, General Manager Response to OC Grand Jury Report ITEM NO. 7.2. That the Board of Directors consider suggested revisions to and finalize the draft response to the Orange County Grand Jury's Report - Historic Rain, Yet Drought Remains. BACKGROUND: Staff has prepared the attached draft response to the OC Grand Jury's report titled "Historic Rain, Yet Drought Remains" which can be viewed here: https://www.ocgrandjury.org/pdfs/2022 2023 GJreport/Historic Rain Yet Drought Remains.pdf Director J. Wayne Miller has submitted suggested revisions to the draft which are attached for the Board's consideration. PRIOR RELEVANT BOARD ACTION: The District routinely responds to requests from the OC Grand Jury as needed. REVIEWED BY GENERAL COUNSEL: Yes ATTACHMENTS: 1. Draft OC Grand Jury Response 2. Draft OC Grand Jury Response - JWM Revisions Page 6 of 24 Yorba Li Water D August 17, 2023 Hon. Maria D. Hernandez, Presiding Judge Superior Court of California for the County of Orange 700 Civic Center Drive West Santa Ana, CA 92701 Re: Grand Jury 2022-2023 investigation titled "Historic Rain, Yet Drought Remains," In accordance with California Penal Code Sections 933 and 933.05, the Yorba Linda Water District (YLWD), which was "requested" to respond, addresses the Grand Jury's findings and recommendations as follows: F1 Future water supplies are impacted by climate change and current supplies will not meet future demands. YLWD Response to F1: Climate change continues to be a subject of much debate within both the scientific and water communities. YLWD is not prepared to offer an opinion as to whether climate change has a material effect on local water supplies. YLWD does not agree that "current supplies will not meet future needs." YLWD respectfully asserts that current supplies within California will continue to meet the needs of all Californians and Orange County residents with appropriate investments in storage infrastructure that will capture and store wet year supplies. Proper investment in conveyance systems on a regional and statewide basis is necessary to transport water supplies to where they are needed. F2 Climatologists predict future extended periods of low moisture with occasional wet years. YLWD Response to F2: YLWD agrees that some climatologists "predict future extended periods of low moisture with occasional wet years," while others have varying opinions. As demonstrated recently, however, these predictions are often grossly inaccurate. In California, the winter of 2023 was predicted to be very dry. It ended up being one of the wettest winters in recent memory. Long-range forecasts also predicted the winter of 2024 to be dry, but it is now predicted to be wetter than average. Relying on PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 1 Page 7 of 24 ®Yorba Linda Water District SERVING THE COMMUNITY SINCE 1909 extended forecasts is not a practical or reasonable metric in developing water policy or planning infrastructure. F3 Climate change is inevitable and is exacerbated by human behavior. YLWD Response to F3: YLWD does not possess any data to support these broad conclusions. As to inevitability, YLWD contends that, in its nearly 114 year history, weather patterns have gone through numerous cycles of wet and dry, cool and warm, windy and calm, and trended to cooling during some periods and trended towards warming in others. It was not long ago that climatologists and prognosticators feared a new ice age and then espoused "global warming." Now, in the face of further unpredictability and variations in weather, some climatologists have settled on the generic terms of "climate change" and "climate whiplash." Based on the fluidity of these terms and descriptions, YLWD does not believe that these labels form the basis of sound water policy. As to the finding that "climate change is exacerbated by human behavior," YLWD has no data to support this finding and the Grand Jury's report does not provide any support by which YLWD can evaluate this conclusion. F4 South Orange County relies primarily on the importation of water. YLWD Response to F4: YLWD is situated in northern Orange County. It is YLWD's understanding that "South Orange County," however the Grand Jury defines that term, receives most of its water supply from imported sources through the Metropolitan Water District of Southern California (Metropolitan). It should be noted, however, that some or all of the agencies in southern Orange County have undertaken steps to develop local water supplies. Some of those (Trampas Reservoir as an example) are in use, and others such as the Doheny desalination facility are still in the planning stages. It should be noted that the terms "South Orange County" and "North Orange County" are both holdovers from a political discussion two decades ago regarding an airport. For the purposes of water, the discussion should be focsed on water agencies overlying and having water rights to the Orange County Groundwater Basin ("Basin Agenices") and agencies that do not overlie the Orange County Groundwater Basin and have no rights thereto. PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 2 Page 8 of 24 ®Yorba Linda Water District SERVING THE COMMUNITY SINCE 1909 F5 Local water suppliers recognize that enhanced stormwater capture and storage, wastewater recycling, and infrastructure improvements will not be sufficient to address the long-term forecast of drought and its effects on supply. YLWD Response to F5: YLWD does not agree with this finding. While stormwater capture and wastewater recycling alone will be insufficient to meet future demands, YLWD asserts that proper investment at the regional, state and federal levels would almost certainly assure a system that meets all local water demands. Over the past 50 years, Metropolitan and local water providers within Metropolitan's service area have invested billions of dollars in water infrastructure for storage (Diamond Valley Lake is a prime example), conveyance, and wastewater recycling (such as the Orange County Groundwater Replenishment System which produces up to 130 million gallons per day of clean water). The same cannot be said for state and federal efforts that provide the source water for local consumption. YLWD asserts that future local demands can be met with significant investment in water infrastructure at the state and federal levels. YLWD also notes that stormwater capture is prohibitively expensive (up to 25 times more expensive than more conventional water sources or $25,000 per acre foot). With Southern California's sporadic rainfall, investing in infrastructure to capture storm runoff from streets and gutters a few days a year is a poor investment. The better investment would be in large dams and reservoirs that would capture mountain snowpack and storm flows. F6 There is significant water infrastructure planning, but inadequate implementation. YLWD Response to F6: YLWD agrees in part and disagrees in part with this finding. YLWD agrees that implementation at the state and federal levels falls short. The lingering Sites Reservoir project is a glaring example. At the local level, however, YLWD respectfully asserts that Metropolitan and agencies within the Metropolitan service area (and specifically within Orange County) have excelled in the funding and implementation of significant water infrastructure. Again, examples of forward -thinking, innovative investment include Diamond Valley Lake and the Orange County Groundwater Replenishment System. PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 3 Page 9 of 24 ®Yorba Linda Water District SERVING THE COMMUNITY SINCE 1909 YLWD respectfully asserts that the State of California's lackluster progress on the development of water infrastructure is the result of political and special interest influences rather than a lack of available funds. The State Water Project was completed 50 years ago (1973 - the exact year that CEQA was born), and there has been virtually no development of significant water infrastructure (other than local projects) since then. The only notable exception to this is the construction of Diamond Valley Lake (810,000 acre feet of new storage) by Metropolitan which was funded 100% by local ratepayers. Environmental special interests nearly halted that project forcing Metropolitan to expend significant ratepayer dollars for mitigation to address environmental "concerns." It is these types of issues that delay or derail significant projects. Similarly, the "twin tunnel" conveyance project through the Sacramento -San Joaquin River Delta has been stymied by political and special interest objections. Metropolitan had guaranteed the entirety of the project with its local ratepayer dollars only to see it thwarted by these other forces. F7 The review and approval process for major water capital projects is cumbersome and overly restrictive. YLWD Response to F7: YLWD agrees with this finding. The proposed desalination in Huntington Beach, which could have provided a significant supply of water, endured two decades of review only to be denied approval on weak environmental concerns. The California Environmental Quality Act (CEQA) is cumbersome and unduly burdensome. The costs associated with CEQA coupled with the bureaucracy and the labyrinth -like process to comply with CEQA are often enough to derail otherwise worthy projects. F8 Failing to find solutions to water shortages will have a significant impact on the Orange County economy. YLWD Response to F8: YLWD disputes that there is a water shortage. As stated herein, YLWD believes there is a shortage of adequate storage and conveyance infrastructure on a state and federal level. This lack of infrastructure renders the State of California unable to capture and store runoff from its record 2023 snowpack resulting in PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 4 Page 10 of 24 ®Yorba Linda Water District SERVING THE COMMUNITY SINCE 1909 most of that water ending up in the ocean. To the extent that such lack of infrastructure contributes to an actual water shortage in Orange County, then YLWD agrees that such an actual shortage may have an impact on the economy in Orange County. F9 Continued development in Orange County creates additional water supply needs. YLWD Response to F9: YLWD agrees with this finding to the extent that such new development is actually "new" and not merely replacement of other development and that such development is not offset by other efficiencies. Moreover, the newer, higher density infill projects create the most demand on local water supplies as many more people are occupied using water in the areas where infrastructure is designed for fewer users. F10 Conservation and efficient use of water is essential. YLWD Response to F10: YLWD respectfully asserts that conservation and water use efficiency have a minimal effect on overall water supply. Moreover, "conservation" is not new supply and should never be considered as such. While all retail water agencies should encourage responsible water use, the effort and money put into draconian mandates would be better invested in developing actual new supplies through new storage and conveyance. F11 Increased outreach and public education are necessary. YLWD Response to F11: Water agencies in Orange County and Metropolitan at a regional level, all have robust public outreach and education programs that are implemented on a daily basis. These programs are necessary to stress the importance of water in our lives, to reinforce the need to use water responsibly, and to educate ratepayers on the value they receive from their local agencies. Any increase in these efforts may be superfluous and reach a point of diminishing return on investment. YLWD asserts that investment in outreach to state and federal officials/governing bodies may be more worthwhile. YLWD believes that the impacts of significant state and federal investment will have more impact on local water supply than more repetitive conservation messaging to consumers. PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 5 Page 11 of 24 ®Yorba Linda Water District SERVING THE COMMUNITY SINCE 1909 F12 Desalination has proven to be technologically and environmentally feasible and is slowly being embraced as a drought -resistant source of water. YLWD Response to F12: YLWD agrees with this finding with the caveat that the desalination process is expensive primarily due to huge energy demands. While desalination appears to be environmentally feasible, the recent actions of the California Coastal Commission (over the strong objections of the Orange County water community) in denying the application for a major desalination facility in Huntington Beach suggest that this conclusion is not universally accepted. R1 The County of Orange Board of Supervisors should take a leadership role by the end of calendar year 2023 to explore the establishment of a "Climate Resiliency District" or Joint Powers Authority to fund and expedite implementation of a drought -resistant source of water. YLWD Response to Rl: YLWD strongly disagrees with this recommendation. Water is already one of the most highly regulated and bureaucratic industries in California. Another oversight agency or Joint Powers Authority (JPA) would provide no benefit to enhancing local water supply. Requiring local water suppliers to yield to yet another level of authority and a new set of rules will only hamper efforts to increase resiliency and reliability in our local water systems. This would also further erode the local control of elected bodies throughout Orange County and cram down yet another "one size fits all" mandate. R2 Orange County water agencies should expedite the planning, development, and construction of desalination plants over the next five years to insure a sustainable and reliable drought -resistant source of water. YLWD Response to R2: YLWD neither agrees nor disagrees with this statement. Determining the level of effort and money that should be devoted to desalination requires consensus on how much water is actually needed, at what cost, who would pay for it, and how the water would be distributed. Beyond that, such planning and development would be futile without the upfront approval of state and/or federal superpowers like the California Coastal Commission and other permitting agencies outside of Orange County. PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 6 Page 12 of 24 ®Yorba Linda Water District SERVING THE COMMUNITY SINCE 1909 R3 The County of Orange and all Orange County cities should formulate an emergency development moratorium plan in anticipation of the Colorado River water supply being constrained. The emergency moratorium plan should be developed by the end of calendar year 2023. YLWD Response to R3: YLWD strongly disagrees with this recommendation. Among the most obvious problems with this idea is the fact that the State of California has declared a severe housing shortage that only can be addressed by the development of new housing. Beyond that, YLWD believes that a cessation of development presents a far more negative impact to the Orange County economy than a theoretical future water shortage. YLWD strongly believes that any impacts from the modest 3 -year reductions in supplies from the Colorado River can be more than offset through other means as set forth herein. The Colorado River is only one source of supply in a robust statewide, regional and local water portfolio. The mandated temporary reduction in water supply from one of many sources is manageable. Shutting down development in this instance amounts to panic in YLWD's opinion. Doing so would unnecessarily result in widespread business failures, unemployment, and stagnation in the local economy. R4 Orange County water agencies should update their public communication strategies, by calendar year end 2023, to inform the public of lifestyle changes if additional water sources are not developed. YLWD Response to R4: YLWD's demonstrated practice is continually to update its communications with the public to reflect current trends and issues facing YLWD and its ratepayers. That said, YLWD does not believe in using its communications tools in a coercive or threatening way as this recommendation clearly suggests. YLWD does not believe that "lifestyle changes" are in any way imminent for its ratepayers. YLWD uses physical science and engineering rather than social science and social engineering as the basis of its water policy and infrastructure plans. As a producer in the Orange County Groundwater Basin, and as a Metropolitan member agency (through the Municipal Water District of Orange County), YLWD and its ratepayers have invested heavily in a reliable and resilient portfolio of water supply. YLWD objects to the notion that it should stray from the promises it has made to its ratepayers PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 7 Page 13 of 24 ®Yorba Linda Water District SERVING THE COMMUNITY SINCE 1909 that it is providing, and will continue to provide, a safe, reliable, and resilient supply of drinking water that meets all standards for water quality. Respectfully submitted, Brett R. Barbre, President Yorba Linda Water District PO Box 309, Yorba Linda, CA 92885 • 714-701-3000 • www.ylwd.com 8 Page 14 of 24 REVISIONS PROPOSED BY DIRECTOR MILLER In accordance with California Penal Code Sections 933 and 933.05, the Yorba Linda Water District (YLWD), which was "requested" to respond, addresses the Grand Jury's findings and recommendations as follows: F1 Future water supplies are impacted by climate change and current supplies will not meet future demands. YLWD Response to Fl: QiMGfe-GhGRge GentiRues to be Gs,,�ef rnuGhdol Gte ..,i+hir, beth the crier,+ifir girl VVGtor Gemma pi+ioc. YLWD is not prepared to offer an opinion as to whether climate change has a material effect on local water supplies. YLWD deeS Ret Ggree Gt "Gurrent supplies Will Ret moo+ future Reeds.11 YLWD respectfully asserts that current California and imported supplies wi+hir, r`rlllfGFRir, Will continue to meet the needs of of current and future Orange County residents_ However,\A,h appropriate investments in storage infrastructure thAt Will G-Gptyro rl 4+r,ro Wet .,orvr supplies. Preper and investment -in conveyance systems on a regional and statewide basis is -are necessary to improve reliability of supplies.+„ +�F^r+ WGteF c PPlioc +„ where cnti�reccrcc`. F2 Climatologists predict future extended periods of low moisture with occasional wet years. YLWD Response to F2: Historical records of California show that annual rainfall is highly variable and difficult to predict. TLS ID agrees+h�orn��diGt fc1 -rut epiRiGe.—s For example, the winter of 2022-2023 was predicted to be another dry year and we know what happened. We expect both dry and wet years to continue with accurate predictions being difficult. As demonstrated recently, however, these predictions are often grossly inaccurate. In California, the winter of 2023 was predicted to be very dry. It ended up being one of the wettest winters in recent memory. Long-range forecasts also predicted the winter of 2024 to be dry, but it is now predicted to be wetter than average. Relying on extended forecasts is not a practical or reasonable metric in developing water policy or planning infrastructure. F3 Climate change is inevitable and is exacerbated by human behavior. •• - • • - • •- • • ••• •- • - • • • - - • • all climate and other policies set by California legislative and regulatory bodies. Y-LWt V01--eS -� .a Page 15 of 24 "AHM-MRAIN . I . . . Page 15 of 24 F4 South Orange County relies primarily on the importation of water. •• — • • —• • — • • •— • • • • • —•• — -0 — these • • ■ — — — — .—■ ._ FS Local water suppliers recognize that enhanced stormwater capture and storage, wastewater recycling, and infrastructure improvements will not be sufficient to address the long-term forecast of drought and its effects on supply. YLWD Response to F5: YLWD does not agree with this finding. While stormwater capture and wastewater recycling alone will be insufficient to meet future demands, YLWD asserts that proper investment at the regional, state and federal levels would almost certainly assure a system that meets all local water demands. Over the past 50 years, Metropolitan and local water providers within Metropolitan's service area have invested billions of dollars in water infrastructure for storage (Diamond Valley Lake is a prime example), conveyance, and wastewater recycling (such as the Orange County Groundwater Replenishment System which produces up to 130 million gallons per day of clean water). The same cannot be said for state and federal efforts that provide the source water for local consumption. YLWD asserts that future local demands can be met with significant investment in water infrastructure at the state and federal levels. YLWD also notes that stormwater capture via Prado Dam is viable but other options ares prohibitively expensive (up to 25 times more expensive than more conventional water sources or $25,000 per acre foot). With Southern California's sporadic rainfall, investing in infrastructure to capture storm runoff from streets and gutters a few days a year is a poor investment. The better investment would be in large dams and reservoirs that would capture mountain snowpack and storm flows. F6 There is significant water infrastructure planning, but inadequate implementation. YLWD Response to F6: YLWD agrees in part and disagrees in part with this finding. YLWD agrees that implementation at the state and federal levels falls short. The lingering Sites Reservoir project is a glaring example. At the local level, however, YLWD respectfully asserts that Metropolitan and agencies within the Metropolitan service area (and specifically within Orange County) have excelled in the funding and implementation of significant water infrastructure. Again, examples of forward -thinking, innovative investment include Diamond Valley Lake and the Orange County Groundwater Replenishment System. YLWD respectfully asserts that the State of California's lackluster progress on the development of water infrastructure is the result of political and special interest influences Page 16 of 24 _� '- (LUmcka •- FS Local water suppliers recognize that enhanced stormwater capture and storage, wastewater recycling, and infrastructure improvements will not be sufficient to address the long-term forecast of drought and its effects on supply. YLWD Response to F5: YLWD does not agree with this finding. While stormwater capture and wastewater recycling alone will be insufficient to meet future demands, YLWD asserts that proper investment at the regional, state and federal levels would almost certainly assure a system that meets all local water demands. Over the past 50 years, Metropolitan and local water providers within Metropolitan's service area have invested billions of dollars in water infrastructure for storage (Diamond Valley Lake is a prime example), conveyance, and wastewater recycling (such as the Orange County Groundwater Replenishment System which produces up to 130 million gallons per day of clean water). The same cannot be said for state and federal efforts that provide the source water for local consumption. YLWD asserts that future local demands can be met with significant investment in water infrastructure at the state and federal levels. YLWD also notes that stormwater capture via Prado Dam is viable but other options ares prohibitively expensive (up to 25 times more expensive than more conventional water sources or $25,000 per acre foot). With Southern California's sporadic rainfall, investing in infrastructure to capture storm runoff from streets and gutters a few days a year is a poor investment. The better investment would be in large dams and reservoirs that would capture mountain snowpack and storm flows. F6 There is significant water infrastructure planning, but inadequate implementation. YLWD Response to F6: YLWD agrees in part and disagrees in part with this finding. YLWD agrees that implementation at the state and federal levels falls short. The lingering Sites Reservoir project is a glaring example. At the local level, however, YLWD respectfully asserts that Metropolitan and agencies within the Metropolitan service area (and specifically within Orange County) have excelled in the funding and implementation of significant water infrastructure. Again, examples of forward -thinking, innovative investment include Diamond Valley Lake and the Orange County Groundwater Replenishment System. YLWD respectfully asserts that the State of California's lackluster progress on the development of water infrastructure is the result of political and special interest influences Page 16 of 24 rather than a lack of available funds. The State Water Project was completed 50 years ago (1973 - the exact year that CEQA was born), and there has been virtually no development of significant water infrastructure (other than local projects) since then. The only notable exception to this is the construction of Diamond Valley Lake (810,000 acre feet of new storage) by Metropolitan which was funded 100% by local ratepayers. Environmental special interests nearly halted that project forcing Metropolitan to expend significant ratepayer dollars for mitigation to address environmental "concerns." It is these types of issues that delay or derail significant projects. Similarly, the "twin tunnel" conveyance project through the Sacramento -San Joaquin River Delta has been styrni blocked by political and special interest objections. Metropolitan had guaranteed the entirety of the project with its local ratepayer dollars only to see it thwarted by these other forces. F7 The review and approval process for major water capital projects is cumbersome and overly restrictive. YLWD Response to F7: YLWD agrees with this finding. The proposed desalination in Huntington Beach, which could have provided a significant supply of water, endured two decades of review only to be denied approval on week environmental concerns. The California Environmental Quality Act (CEQA) is Gurnber-seme GRd-excessively y burdensome. The costs associated with CEQA coupled with the bureaucracy and the labyrinth -like process to comply with CEQA are often enough to derail otherwise worthy projects. F8 Failing to find solutions to water shortages will have a significant impact on the Orange County economy. YLWD Response to F8: YLWD disputes that there is a water shortage. As stated herein, YLWD believes there is a shortfall of planning and execution to provide snepfGgeeTadequate storage and conveyance infrastructure on a state and federal level. This lack of infrastructure renders the State of California unable to capture and store runoff from its record 2023 snowpack resulting in most of that water ending up in the ocean. To the extent that such lack of infrastructure contributes to an actual water shortage in Orange County, then YLWD agrees that such an actual shortage may have an impact on the economy in Orange County. F9 Continued development in Orange County creates additional water supply needs. YLWD Response to F9: YLWD agrees with this finding to the extent that such new development is actually "new" and not merely replacement of other development and that such development is not offset by other efficiencies. Moreover, the newer, higher density infill projects create the most demand on local water supplies as many more people are occupied using water in the areas where infrastructure is designed for fewer users. F10 Conservation and efficient use of water is essential. YLWD Response to F10: YLWD respectfully asserts that conservation and water use efficiency have a minimal effect on overall water supply. Moreover, "conservation" is not new supply and should never be considered as such. While all retail water agencies should encourage responsible water use, the effort and money put into draconian mandates would be better invested in developing actual new supplies through new storage and conveyance. Page 17 of 24 F11 Increased outreach and public education are necessary. YLWD Response to F1 1: Water agencies in Orange County and Metropolitan at a regional level, all have robust public outreach and education programs that are implemented on a daily basis. These programs are necessary to stress the importance of water in our lives, to reinforce the need to use water responsibly, and to educate ratepayers on the value they receive from their local agencies. Any increase in these efforts may be superfluous and reach a point of diminishing return on investment. YLWD asserts that investment in outreach to state and federal officials/governing bodies may be more worthwhile. YLWD believes that the impacts of significant state and federal investment will have more impact on local water supply than more repetitive conservation messaging to consumers. F12 Desalination has proven to be technologically and environmentally feasible and is slowly being embraced as a drought -resistant source of water. YLWD Response to F12: Desalination is a proven process and the 20,000 operating plants provide water for more than 300 million people, according to the International Desalination Association. YLWD adds Ggrees .,.,i+h this finding with the caveat that water produced with the desalination process is expensive primarily due to huge -significant capital and energy der-nGRdscosts. While desalination appears to be environmentally and technically feasible, the reGeR+ r,-fi„r,S Gf the. California Coastal Commission denied a permit for the $1.4 billion seawater desalination plant in Huntington Beach and cited concerns about the impact on ocean habitat, the cost to operate the plant and its location alonq an earthquake fault zone.rr f�Trer ebjeGtieRs of the nrGRge Gei Rty \A GteF Gemma Rity) ire reeving the Ret ef i RiVerS011y rvr-Gepted R1 The County of Orange Board of Supervisors should take a leadership role by the end of calendar year 2023 to explore the establishment of a "Climate Resiliency District" or Joint Powers Authority to fund and expedite implementation of a drought -resistant source of water. YLWD Response to R1: YLWD strongly disagrees with this recommendation. Water is already one of the most highly regulated and bureaucratic industries in California. Another oversight agency or Joint Powers Authority (JPA) would provide no benefit to enhancing local water supply. Requiring local water suppliers to yield to yet another level of authority and a new set of rules will only hamper efforts to increase resiliency and reliability in our local water systems. This would also further erode the local control of elected bodies throughout Orange County and cram down yet another "one size fits all" mandate. R2 Orange County water agencies should expedite the planning, development, and construction of desalination plants over the next five years to insure a sustainable and reliable drought -resistant source of water. YLWD Response to R2: YLWD neither agrees nor disagrees with this statement. Determining the level of effort and money that should be devoted to desalination requires consensus on how much water is actually needed, at what cost, who would pay for it, and how the water would be distributed. Beyond that, such planning and development would be futile without the upfront approval of state and/or federal superpowers like the California Coastal Commission and other permitting agencies outside of Orange County. Page 18 of 24 R3 The County of Orange and all Orange County cities should formulate an emergency development moratorium plan in anticipation of the Colorado River water supply being constrained. The emergency moratorium plan should be developed by the end of calendar year 2023. YLWD Response to R3: YLWD strongly disagrees with this recommendation. Among the most obvious problems with this idea is the fact that the State of California has declared a severe housing shortage that only can be addressed by the development of new housing. Beyond that, YLWD believes that a cessation of development presents a far more negative impact to the Orange County economy than a theoretical future water shortage. YLWD strongly believes that any impacts from the modest 3 -year reductions in supplies from the Colorado River can be more than offset through other means as set forth herein. The Colorado River is only one source of supply in a robust statewide, regional and local water portfolio. The mandated temporary reduction in water supply from one of many sources is manageable. Shutting down development in this instance amounts to panic in YLWD's opinion. Doing so would unnecessarily result in widespread business failures, unemployment, and stagnation in the local economy. R4 Orange County water agencies should update their public communication strategies, by calendar year end 2023, to inform the public of lifestyle changes if additional water sources are not developed. YLWD Response to R4: YLWD's demonstrated practice is continually to update its communications with the public to reflect current trends and issues facing YLWD and its ratepayers. That said, YLWD does not believe in using its communications tools in a coercive or threatening way as this recommendation clearly suggests. YLWD does not believe that "lifestyle changes" are in any way imminent for its ratepayers. YLWD uses physical science and engineering rather than social science and social engineering as the basis of its water policy and infrastructure plans. As a producer in the Orange County Groundwater Basin, and as a Metropolitan member agency (through the Municipal Water District of Orange County), YLWD and its ratepayers have invested heavily in a reliable and resilient portfolio of water supply. YLWD objects to the notion that it should stray from the promises it has made to its ratepayers that it is providing, and will continue to provide, a safe, reliable, and resilient supply of drinking water that meets all standards for water quality. Page 19 of 24 ITEM NO. 7.3. Yorba Linda Water District AGENDA REPORT MEETING DATE: August 17, 2023 TO: Board of Directors FROM: Mark Toy, General Manager STAFF CONTACTS: Annie Alexander, Senior Executive Assistant / Board Secretary SUBJECT: Nominations for ACWA Committee Appointments RECOMMENDATION: That the Board of Directors consider nominating interested Directors for appointment to ACWA committees for the 2024-2025 term. BACKGROUND: ACWA has requested nominations from its membership for committee appointments for the 2024- 2025 term. Attached are descriptions of each committee's purpose and responsibilities and the associated number of meetings held each year. Directors interested in being appointed or standing for reappointment must be listed on the attached committee consideration form which is due September 30, 2023. Indication of a second and third committee choice is recommended. ACWA does not provide committee members with a meeting stipend or reimburse for travel expenses so these costs would be paid for by the District. Funds were included in the FY23-24 budget for this purpose. Currently, Director Miller is serving on the Energy and Water Quality Committees, General Manager Toy on the Membership Committee, Engineering Manager Weston on the Water Quality Committee, and General Counsel Gagen on the Legal Affairs Committee. Their terms will end in December 2023. General Manager Toy will be requesting nomination to the Federal Affairs Committee, and Engineering Manager Weston for the Water Quality Committee. General Counsel Gagen has requested nomination to the Legal Affairs Committee. STRATEGIC PLAN INITIATIVES: G1 5B - Actively participate with existing water/sewer organizations on regulatory and emerging issues; G1 5E - Take on leadership role with industry committees. ATTACHMENTS: ACWA Committee Consideration Form Page 20 of 24 ACWA 44 Association of California Water Agencies Bringing Water Together Committee consideration forms emailed to member agency general managers and board presidents. 30 ��)14 - l [ 1Z5 I LKIVI Region Chair and Vice Incoming ACWA Chair recommendation President appoints deadline. members of committees. 4 All completed consideration forms due. Any consideration submitted after deadline will be put on a waiting list. 29 Region recommendations given to incoming ACWA President. 13 ACWA notifies committee members of appointments and rosters posted on acwa.com. Page 21 of 24 Committee Description Composition Meetings Per Year Liaison Agriculture Makes recommendations to the Board of Unlimited 4 Stephen Pang Directors, State Legislative Committee, Federal State Relations Affairs Committee or other committees, as Advocate appropriate, regarding agricultural issues stephenp@acwa.com affecting the interests of ACWA and its members. Business Develops and recommends to the Board Unlimited 2 Joseph Ramos Development of Directors programs and activities to be Business provided or administered by the association Development that generate non -dues revenue and provide a Representative service or benefit to association members. josephr@acwa.com Communications • Develops and recommends to the Board Limited to 40 4 Heather Engel of Directors and ACWA staff regarding Director of communications and public affairs programs. Communications • Promotes sound public information and heathere@acwa.com education programs and practices among member agencies. • Prepares and distributes materials for use by member agencies in their local outreach efforts. • Provides input and guidance to ACWA's Communications Department. Energy • Recommends policies and programs to the Unlimited 4 Nick Blair Board of Directors, the State Legislative State Relations Committee and the Federal Affairs Committee Advocate as appropriate. nickb@acwa.com Federal Affairs • Coordinates with other ACWA committees Limited to 5 per 2 David Reynolds regarding input on federal issues before Region Director of Federal both Congress and the federal administrative Relations branches. davidr@acwa.com Finance • Makes recommendations to the Board Limited to 2 per 4-5 Dan Gumpert of Directors regarding annual budgets, Region Controller investment strategies, annual audits and (1 Region Chair/ dang@acwa.com auditor selection, dues formula and schedule, Vice Chair and and other financial matters. 1 with financial experience) Groundwater • Makes recommendations to the Board of Unlimited 4 Soren Nelson Directors on groundwater policy issues. State Relations • Monitors state and federal regulations Advocate and legislation affecting the quality and sorenn@acwa.com management of groundwater. • Conducts studies and gathers data on groundwater issues. • Develops policies regarding groundwater management. • Coordinates with other committees on groundwater issues. Page 22 of 24 Page 23 of 24 Legal Affairs • Acts on requests for assistance on legal matters of Limited to 45 2 - 3 Kris Anderson significance to ACWA member agencies. State Relations • Reviews proposed ACWA bylaw revisions and Advocate works with staff to produce publications to assist krisa@acwa.com member agencies in complying with state and federal laws. • Files amicus curiae filing on important cases, comments on proposed regulations and guidelines of state agencies such as the Fair Political Practices Commission and monitors and engages in water rights matters of interest to member agencies. Local Makes recommendations to the Board of Limited to 3 2 Julia Hall Government Directors and the State Legislative Committee per Region Legislative Relations on local government matters affecting water Manager agencies, including planning issues, local juliah@acwa.com government organization, and finance. • Gathers and disseminates information on the value of special districts, and shares information promoting excellence in local government service delivery. Membership • Makes recommendations to the Board of Directors Unlimited 2 Katie Dahl regarding membership policies, eligibility and Member Services applications for membership. Manager • Assists staff in developing membership katied@acwa.com recruitment and retention programs and reviews and makes recommendations to the Finance Committee regarding an equitable dues structure. State • Reviews relevant introduced and amended Limited to 4 10-12 Adam Quinonez Legislative legislation, and develops positions and provides per Region Director of State recommendations to the Board of Directors Relations on ballot measures and other major statewide adamq@acwa.com policy issues. • Works with staff amendments to bills and provides direction for staff on legislative matters. Water • Makes recommendations to the Board of Limited to 4 4 Chelsea Haines Management Directors on policy and programs related to water per Region Regulatory Relations management. Manager • Reviews and recommends positions on chelseah@acwa.com legislation and regulations as requested by other committees. • Assists in gathering and disseminating information regarding agricultural and urban water management, water conservation and water use efficiency, development and use of water resources, wastewater treatment and water recycling and reuse. Water Quality • Makes recommendations to the Board of Directors, Unlimited 4 Nick Blair the State Legislative Committee and the Federal State Relations Affairs Committee on policy and programs Advocate regarding water quality issues. nickb@acwa.com • Promotes cost-effective state and federal water quality regulations and provides a forum for members to work together to develop and present unified comments on water quality regulations. • Develops and recommends positions and testimony on water quality regulatory issues. Page 23 of 24 PLEASE PRINT LEGIBLY Agency Name (DO NOT use acronyms or abbreviations) Agency Address ACWA Region # City, State & Zip I Phone BELOW PLEASE LISTALL THOSE INTERESTED IN BEING ON ACWA COMMITTEES FOR YOUR AGENCY. FOR ADDITIONAL RECOMMENDATIONS PLEASE FILL OUT ANOTHER FORM. *If an individual is not an agency employee or director, please indicate company affiliation. Name Title/Company* Email Address Committee 1st Choice Committee 2nd Choice Committee 3rd Choice Name Title/Company* Email Address Committee 1 st Choice Committee 2nd Choice Committee 3rd Choice Name Title/Company* Email Address Committee 1 st Choice Committee 2nd Choice Committee 3rd Choice Name Title/Company* Email Address Committee 1 st Choice Committee 2nd Choice Committee 3rd Choice Name Title/Company* Email Address Committee 1 st Choice Committee 2nd Choice Committee 3rd Choice Name Title/Company* Email Address Committee 1 st Choice Committee 2nd Choice Committee 3rd Choice Signature (Agency/District General Manager or Board President signature required) Title Date Committee member contact information will be shared on the committee roster and is to be used for committee business only. QUESTIONS? 980 9th Street, Suite 1000 Contact acwacommittees@acwa.com Sacramento, CA 95814 or (916) 441-4545 www.acwa.com Page 24 of 24 BACKUP MATERIALS DISTRIBUTED LESS THAN 72 HOURS PRIOR TO THE MEETING Board Requested Due Outs - OPEN SESSION SUBMITTED BY: Brett R. Barbre, President MEETING DATE: August 17, 2023 Requested by Status Completed January 5, 2023 Switch to ACH to lessen checks Barbre Meeting 5-1 - need update January 5, 2023 Travel expense reimbursement policy Miller March 16, 2023 Transition to sewer system Issues Lindsey April 6, 2023 Bring personnel policies to BOD for review Barbre April 6, 2023 List of Board approved contracts - $75K and up Hawkins Board Packet June 1, 2023 April 20, 2023 Enhance social media - Infrastructure and utility expenses Barbre April 20, 2023 Enhance PFAS Information on website Miller May 4, 2023 Tracking legal expenses Lindsey May 4, 2023 YLWD General fact sheet Miller May 4, 2023 Create dollar bill - pass through expenses - for public Miller May 18, 2023 Heli -Hydrant Challenge Coins Barbre May 25, 2023 Brochure for residents - Heli -Hydrants Barbre May 25, 2023 Seckel to YLWD - Colorado River Deal Barbre Seckel to make presentation August 3, 2023 June 1, 2023 Revisit branding on PFAS Plant Barbre Board directed reapplication June 1, 2023 Funding of UAL moving forward Lindsey June 15, 2023 Update Reserves Chart to show USABLE Reserves Barbre July 6, 2023 Seek Amicus partners - Natural Gas Litigation Barbre July 6, 2023 Plaque Pillars for Hidden Hills & Timber Ridge & Fencing Barbre Board Directed additions July 6, 2023 July 20, 2023 LCW Billings - FY 2010 to FY 2023 Barbre Board Packet August 3, 2023 July 20, 2023 MWDOC Refund received? Lindsey $18,954.60 (3.8% share) July 24, 2023 July 20, 2023 Set up meeting with Brea Lindsey July 20, 2023 Have Mark Pulone provide Housing Update Lindsey August 3, 2023 Prepare analysis of legal representation countywide Barbre SUBMITTED BY: Brett R. Barbre, President MEETING DATE: August 17, 2023