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HomeMy WebLinkAbout2009-10-20 - Executive-Administrative-Organizational Committee Meeting Agenda Packet 'rb Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, October 20, 2009, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director John W. Summerfield, Chair Ken Vecchiarelli, General Manager Director William R. Mills Pat Grady, Assistant General Manager 1. PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. 2. 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. 2.1. OCWD Annexation 2.2. Report on Legislative Activities - Sacramento Advocates 2.3. Report on Grant Activities - Townsend Public Affairs 2.4. General Counsel's Monthly Summary Billing Report 2.5. Future Agenda Items and Staff Tasks 3. ADJOURNMENT 3.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held November 17, 2009 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA 92870, during regular business hours. When practical, these public records will also be made available on the District's internet website accessible at http://www.ylwd.com/. Accommodations for the Disabled Any person may make a request for a disability-related modification or accommodation needed for that person to be able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. ITEM NO. 2.1 AGENDA REPORT Meeting Date: October 20, 2009 Subject: OCWD Annexation ATTACHMENTS: OCWD Annexation Letter.pdf -correspondence Backup Material i Yorba Linda Water District Reliable and Trusted Service for More Than 100 Years October 15, 2009 Mike Markus, General Manager Orange County Water District 18700 Ward St Fountain Valley CA 92708 Subject: Request for Annexation to Orange County Water District Dear Mr,.Markus: w' Thank you once again for the opportunity to meet with you, John Kennedy and General Counsel, Joel Kuperberg on September 22, 2009, where we discussed Yorba Linda Water District's renewed interest in seeking annexation to OCWD, Please accept this letter as our formal request to restart the annexation process. It is the desire of our Board of Directors to annex all lands served by Yorba Linda Water District that are currently outside the Orange County Water District service area. The attached map prepared by the County Surveyor identifies four parcels for which we are requesting annexation, with a total land area of approximately 6,100 acres. Approximately one fourth of this land is open space preserve, including sections of the Chino Hills State Park, for which land development and water service is not planned. The current water demand of the developed areas is approximately 5,800 acre feet per year with projected future growth of an additional 10% to 15% in developable areas by 2020, depending on the economic climate for development. YLWD is currently serving the developed areas completely with imported water and desires to achieve a higher level of local reliability. We are preparing a preliminary study to consider additional groundwater well development that would be required to provide some offset capacity to meet the demands of the proposed annexation areas. We will forward a proposed project description and additional information as soon as this study is completed. I appreciate your consideration and look forward to moving ahead with this process. Sincerely, 1,4 Ken Vecchiarelli General Manager CC: Stephen R. Sheldon, OCWD Board President John W. Summerfield, YLWD Board President 1717 E. Miralonia Avenue Placentia. CA 92870 714,701-3000 714-701-3058 Fax E wQEX YAE� ® SHEET NUMBER. PARCELI EXHIBIT ANNEXATION No. XX -XX TO THE ORANGE COUNTY WATER DISTRICT -,Y1 2 � � 7 PARCEL 2 X16 ANNEXATION No. 75 -3 TO THE O.C.W.D. ANNEXATION BOUNDARY --JL I6 to D' 1. DISTRICT (O.C.W_D.) BOUNDARY. A A A. IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. SURVEYOR'S STATEMENT A S�� 1 0 PARCEL 3 THIS PROPOSAL WAS PREPARED BY ME OR �••• UNDER MY DIRECTION. 16 WANDA BALE. LS. 7695 MY LICENSE EXPIRES 12/31/2006 COUNTY SURVEYORS STATEMENT THIS PROPOSAL DOES MEET THE APROVAL OF THE ORANGE COUNTY SURVEYORS OFFICE. DATED INS DAY OF 2004, BY: RAYMOND L. MATHS. COUNTY SURVEYOR L.S. 6185, MY LICENSE EXPIRES 03/31/2006 17 INFIFX (Anil 11 -71)61 rYnn 111 R/1IY15 1 :57-AA PISS 4 SHEET 1 OF 4 {) RECORD PER ADMIWNG ANNEXATION FEATHERLY PARK ANNEXATICN (DA 95-11) TO THE O.C.W,D. ANNEXATION No. 75 -3 TO THE O.C.W.D. ANNEXATION BOUNDARY TlflTf4T`1 EXISTING ORANGE COUNTY WATER DISTRICT (O.C.W_D.) BOUNDARY. A INDICATES OCS HORIZONTAL CONTROL STATION AS FEED A. IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR. �e �1 7. -1 A� 4 4% Tom PARCEL 4 `-��1�OC'.�A ` rN1,T!`. � u— PIl1Yl0IC �t+'�� �r•�_'_• N 960 UNLESS OTHERWISE NOTED, ALL DISTANCES ON THIS MAP ARE NTS GROUND AND ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM (CCS53). ZONE M. 1963 NAD (1991 -35 EPOCH OCS GPS ADJUSTMENT). ITEM NO. 2.2 AGENDA REPORT Meeting Date: October 20, 2009 Subject: Report on Legislative Activities - Sacramento Advocates ATTACHMENTS: SA - Activity Report Oct.doc -..-,tivity Report Backup Material Barry S. Brokaw Donne Brownsey Sacramento Advocates, Inc. Cassie Gilson A California based Public Affairs and Governmental Relations Firm Sen. Dan Boatwright (Ret.) General Counsel 1215 K Street, Suite 2030 ❑ Sacramento, CA 95814 Phone (916) 448-1222 ❑ Fax (916) 448-1121 Sen. Mike. Machado (Ret.) Consultant To: Yorba Linda Water District Board of Directors From: Barry Brokaw Re: September 2009 State Capitol Update Date: October 15, 2009 Overview The Legislature had been out of session since September 11, departing with 704 bills sent to the Governor for consideration. The Governor had threatened to veto bills in mass absent a water deal, but relented, and upon completing his actions for the year, 27% of the bills sent to his desk in 2009 were vetoed. (The Governor actually vetoed 35% of the bills that came before him in 2008). Of course, none of the bills sent to the Governor was part of the water package he has been seeking to address the crumbling nature of the Sacramento-San Joaquin Delta, through which water for two-thirds of all Californians flows, along with a bond proposal for above ground storage. Mandatory water conservation standards are also part of that package the Governor is seeking. While all interests agree restoration of the delta is critical, the interrelated issues of authorization of a cross-delta conveyance facility to move water to Southern California, above ground water storage, associated ratepayer or beneficiary fees, and a general obligation bond proposal to pay for the infrastructure costs are the central issues swirling in the debate. The Governor called two additional Special Sessions of the Legislature this month (one on tax reform; the second on water, but it is not apparent yet if calling the special sessions will speed up action on the issues under discussion. The Senate met briefly on Tuesday and Wednesday of this week, taking action on urgency vote bills that were hung up at the end of session (none dealing with water-but one that does allow local governments to securitize the $1.9 billion borrowed by the state from local governments to ease revenue reductions). The funds borrowed from local entities must be paid back in three years, with interest, under the voter-approved Proposition IA. On the water front, there has been major opposition developing from Democrats representing the San Francisco Bay Area and Delta water agencies and counties over water rights and the prospect of a Peripheral Canal. Republicans, who support a general obligation bond for at least two new dams, believe there is too much pork in the water bond unrelated to above ground storage. Many Democrats are concerned about taking on new bond debt (already at about $65 billion accounting for nearly $10 billion in annual interests costs charged to the state General Fund. The public employee labor unions are particularly concerned that additional interest obligations will make it even more difficult to fund existing state programs and positions. Assembly Speaker Karen Bass and Senate Leader Darrell Steinberg are now pitching the idea of going to go to the voters in 2010 with a $9.4-billion general obligation bond, with only half of the bonds issued before 2015 to reduce the impact on the state's debt and budgets. Their framework also includes statewide monitoring of groundwater and increased water rights enforcement, including higher penalties for illegal diversion and a water conservation requirement for most consumers to reduce water use 20% by 2020, with less stringent requirements proposed for agricultural users than for urban users. Water Committee hearings on the still-unveiled water package revisions may take place the week of October 19 in Sacramento. These are the key legislative bills in play, although their core contents have been amended into SB 68 (Steinberg), the Delta Governance issues, and AB 893 (Caballero), the water bond, neither of which is in print in bill form: AB 39 (Huffman) Sacramento-San Joaquin Delta: Delta Plan. (A-09/09/2009 html pdf) Summary: Existing law requires various state agencies to administer programs relating to water supply, water quality, and flood management in the Sacramento-San Joaquin Delta. Existing law requires the Secretary of the Natural Resources Agency to convene a committee to develop and submit to the Governor and the Legislature, on or before December 31, 2008, recommendations for implementing a specified strategic plan relating to the sustainable management of the Delta. This bill would require the Delta Stewardship Council, created pursuant to SB 12 of the 2009- 10 Regular Session, on or before January 1, 2012, to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, meeting specified requirements. This bill contains other existing laws. Status: 09/09/2009-From Conference Committee: With recommendation: That Senate amendments be concurred in and that the bill be further amended. Assembly To print. AB 49 (Feuer) Water conservation: urban and agricultural water management planning. (A-09/09/2009 html pdf) Summary: Existing law requires the Department of Water Resources to convene an independent technical panel to provide information to the department and the Legislature on new demand management measures, technologies, and approaches. "Demand management measures" means those water conservation measures, programs, and incentives that prevent the waste of water and promote the reasonable and efficient use and reuse of available supplies. This bill would require the state to achieve a 20% reduction in urban per capita water use in California by December 31, 2020. The state would be required to make incremental progress towards this goal by reducing per capita water use by at least 10% on or before December 31, 2015. The bill would require each urban retail water supplier to develop urban water use targets and an interim urban water use target, in accordance with specified requirements. The bill would require agricultural water suppliers to implement efficient water management practices. The bill would require the department, in consultation with other state agencies, to develop a single standardized water use reporting form. The bill, with certain exceptions, would condition eligibility for certain water management grants or loans to urban water suppliers, beginning July 1, 2016, and agricultural water suppliers, beginning July 1, 2013, on the implementation of water conservation requirements established by the bill. The bill would repeal on July 1, 2016, an existing requirement that conditions eligibility for certain water management grants or loans to an urban water supplier on the implementation of certain water demand management measures. This bill contains other related provisions and other existing laws. Status: 09/09/2009-From Conference Committee: With recommendation: That Senate amendments be concurred in and that the bill be further amended. To print. AB 900 (De Leon) Water diversion and use: reporting. (A- 08/17/2009 html pdf) Summary: Existing law, with certain exceptions, requires each person who diverts water after December 31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and use. Existing law requires a statement to include specified information, including, on and after January 1, 2012, monthly records of water diversions. Under existing law, the monthly record requirement does not apply to a surface water diversion with a combined diversion capacity from a natural channel that is less than 50 cubic feet per second or to diverters using siphons in the tidal zone. Existing law subjects a person who makes a material misstatement in connection with the filing of the diversion and use statements to administratively imposed civil penalties in the amount of $500 for each violation. This bill would revise the types of water diversions for which the reporting requirement does not apply, including, among other diversions, a diversion that occurs before January 1, 2009, if certain requirements are met. The bill would delete exceptions to the monthly record requirement, and revise requirements relating to the contents of the statement of diversions and use. This bill contains other related provisions. Status: 08/27/2009-From APPR. SUSPENSE FILE: Not heard. Will be part of AB 49. SB 12 (Simitian) Resources: Sacramento-San Joaquin Delta Council. (A-09/09/2009 html pdf) Summary: Existing law generally provides that the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, may not be required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality. This bill would expand the exemption to other provisions relating to water use, including provisions that require the payment of fees to the State Water Resources Control Board (board) for official services relating to statements of water diversion and use. This bill contains other related provisions and other existing laws. Status: 09/09/2009-From Conference Committee: Be adopted. (Ayes 8. Senators Steinberg, Pavley, Padilla, and Florez, Assembly Members Bass, Huffman, Caballero, and Solorio. Noes. 0.) SB 229 (Pavley) Water: diversion and use: groundwater. (A- 09/09/2009 html pdf) Summary: Existing law generally prohibits the state, or a county, city, district, or other political subdivision, or any public officer or body acting in its official capacity on behalf of any of those entities, from being required to pay any fee for the performance of an official service. Existing law exempts from this provision any fee or charge for official services required pursuant to specified provisions of law relating to water use or water quality. This bill would expand the exemption to other provisions relating to water use, including provisions that require the payment of fees to the State Water Resources Control Board (board) for official services relating to statements of water diversion and use. This bill contains other related provisions and other existing laws. Status: 09/09/2009-From Conference Committee: Be adopted. (Ayes 8. Senators Steinberg, Florez, Padilla, and Pavley, Assembly Members Bass, Solorio, Caballero, and Huffman. Noes. 0.) SB 371 (Cogdill) Safe, Clean, Reliable Drinking Water Supply Act of 2009. (I-02/25/2009 html pdf) Summary: Under existing law, various measures have been approved by the voters to provide funds for water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water Supply Act of 2009 which, if approved by the voters, would authorize, for the purposes of financing specified water supply reliability and water source protection programs, the issuance of bonds in the amount of $9,980,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for the submission of the bond act to the voters at the next statewide election. This bill contains other related provisions. Note: The former Senate Republican Leader, who was ousted by GOP Senators as part of the budget drama, has been the lead Senate Republican on the water bond/storage effort. He has amendments to make this a $12.3 billion bond, but the latest discussion is focusing on $9.4 billion. This is the key water fight for the Republicans. Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a) (2). (Last location was N.R. & W. on 03/09/2009) ITEM NO. 2.3 AGENDA REPORT Meeting Date: October 20, 2009 Subject: Report on Grant Activities - Townsend Public Affairs ATTACHMENTS: TPA - Activity Report Oct.doc ..~-tivity Report Report(s) Tonsend PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Executive Committee From: Christopher Townsend, President Heather Dion, Senior Director Date: October 13, 2009 Subject: Activity Report State Political Highlights: The Legislature is currently adjourned, however there are over 700 bills on the Governor's desk waiting for a signature or a veto. The hold up on the legislation is the continuing discussions about the potential for a water bond on the 2010 ballot. The issue has become unwillingness by the Governor to sign SB 68 (Steinberg), which is a compilation of five individual policy bills dealing with the Delta: ecosystem restoration, governance, exports, statewide conservation and mitigation. The Governor wants a resource bond in place before moving the policy package forward. With the signing deadline looming it is unknown what the fate of SB 68 or the remaining 700 bills still under consideration. In anticipation of the Senate being called back on October 13t", the Big 5 met in an effort to discuss outstanding issues from the end of session, including: water bond, the status of bills on the Governor's Desk, and the 2/3 bills that were held in the Senate the last night of session. The meeting did not end on positive terms, but the Pro Tern indicated that the Senate still plans to meet over the next week. Subsequent to last week's failed negotiations the Governor and legislative leaders met throughout the weekend in an attempt to reach a deal on a comprehensive water solution. While the Big 5 was unable to agree upon a deal, enough progress was made that the Governor decided to call a special session on water. Additionally, the Governor has backed off of his mass veto threat. During the Big 5 meetings over the weekend it became apparent that a deal on water was not unlikely to come together. Accounts from the meetings indicate that the Republicans still have several outstanding issues with the comprehensive deal, including: water conservation provisions, water rights, environmental spending, and overall size of the bond. Additionally, it is still unclear if a water fee will be included in the package as a way to reduce the overall bond size. It is likely that the Big 5 will continue to meet throughout the week in an effort to reach a deal. There is ample time for a water deal to come together either during the fall through a special session or this winter and spring when the legislature reconvenes for the regular session. With the deadline for a ballot measure in late June, the Legislature could continue to work towards a comprehensive policy package of bills that were merged into SB 68 (Steinberg) and run a resource bond subsequent to the policy efforts or complete both simultaneously as is desired by the Governor. Specific Activities for the Month • TPA continues to work with the staff to finalize the Financial Assistance Application to the State Water Resources Control board for funding. Our goal is to get this intensive application completed in late October. The State Board recently notified YLWD about the funding opportunities coming up for small water agencies to be eligible to compete among themselves for funding. While YLWD is already on the Project Priority List, we must also complete the financial assistance paperwork in order to be fully eligible to compete for funding. A checklist for this application was prepared by TPA as we work with YLWD to compile all the necessary documentation for submission. • TPA is working with the District staff to prepare for the FY 2011 federal appropriations process. We are working with staff to determine if it would be advantageous to submit an energy efficiency appropriations request or a recycled water request. This work is also leading into a Water Resources Development (WRDA) call for projects that is expected any day. Staff has prepared a project summary for TPA in preparation of this call for projects. One other option is to submit for both projects as individual requests. • Lastly, TPA is working with the District staff on the upcoming IRWMP call for projects that are expected to occur in late fall. This call for projects will come through SAWPA. ITEM NO. 2.4 AGENDA REPORT Meeting Date: October 20, 2009 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: MKB - Billing Summary Sep_pdf 3illing Report Report(s) MKB - Charge Summary Sep.xls summary Report Report(s) YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART B"ING MONTH: September CURRENT FISCAL YEAR 2009 -2010 Matter Matter Date Task Order Current Billing Total Billed to Date Total Billed 2008 -2009 Name Number Opened Amount September 25, 2009 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 NIA $395.00 $5,084.19 $16,113.90 PROPERTY TAX ALLOCATION 030 $0.00 $1,404.54 $2,085.00 OCWD ANNEXATION 040 1/13/1994 N/A $687.50 $687.50 $7,185.00 RICHFIELD SITE IMPROVEMENTS 042 $0.00 $0.00 $545.00 SHELL 051 $0.00 $0.00 $1,304.71 HIDDEN HILLS RESERVOIR 068 8/25/2003 $7,250.17 $33,902.67 $120,193.53 S &S D EVE LOPM ENT AG R EEMENTS 071 $0.00 $0.00 $6,140.00 RWQCB 073 12/18/2002 $0.00 $0.00 $636.21 LAKEVIEW RESERVOIR 081 3/2/2005 $20,000.00 $577.50 $577.50 $1,924.00 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $1,702.50 $6,521.50 $43,493.12 CELL TOWER 085 7/28/2006 $15,000.00 $612.50 $612.50 $1,012.50 WATER RATESIWATER CONSERVATION 087 7/31/2006 $10,000.00 $3,692.50 $6,959.50 $76,13012 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $0.00 $12,522.50 GRANDVIEW SEWER 091 5/30/2007 $10,000.00 $0.00 $545.50 $1,202.50 TOTAL I I 1 1 $14,917.67 $56,295.40 $290,488.09 McCormick, Kidman & Behrens Charges Month of Sep-09 Expensed 16,580.17 Job charges 1,337.50 17,917.67 YTD through Sep-09 Expensed 55,678.31 Job charges 8,117.09 63,795.40