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HomeMy WebLinkAbout2014-06-09 - Executive-Administrative-Organizational Committee Meeting Agenda PacketYorba Linda '"Water District AGENDA YORBA LINDA WATER DISTRICT EXEC- ADMIN- ORGANIZATIONAL COMMITTEE MEETING Monday, June 9, 2014, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE STAFF Director Robert R. Kiley, Chair Steve Conklin, Acting General Manager Director Ric Collett Damon Micalizzi, Public Information Officer 3. 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. 4. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 4.1. Request to Sign Letter of Opposition to Senate Bill 26 Recommendation: That the Committee consider this request and make a recommendation to the Board of Directors. 5. 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. 5.1. Status of Legislative Affairs (Verbal Report) 5.2. Update of District Policies and Procedures (Verbal Report) 5.3. Sharing of GIS Data with the City of Yorba Linda 5.4. Future Agenda Items and Staff Tasks 6. CLOSED SESSION The Committee may hold a closed session on items related to personnel, labor relations and /or litigation. The public is excused during these discussions. 6.1. Conference with Real Property Negotiators Pursuant to Section 54956.8 of the California Government Code Property: 4622 Plumosa Drive, Yorba Linda CA Agency Negotiators: Steve Conklin Negotiating Parties: To Be Determined Under Negotiation: Price and Terms of Payment 6.2. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to line break at 1301 North Rose Drive, Placentia CA 92870. Number of Potential Cases: One 6.3. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to potential claim submitted on behalf of Charles Busch. Number of Potential Cases: One 6.4. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to potential claim submitted on behalf of Christopher and Milany Pineda. Number of Potential Cases: One 6.5. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to written communication received by the District. Number of Potential Cases: One 7. ADJOURNMENT 7.1. The next Executive - Administrative - Organizational Committee meeting is scheduled to be held Monday, July 14, 2014 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. Meeting Date To: From: Prepared By: Subject: SUMMARY: AGENDA REPORT June 9, 2014 Executive-Administrative- Organizational Committee Steve Conklin, Acting General Manager Damon Micalizzi, Public Information Officer Request to Sign Letter of Opposition to Senate Bill 26 ITEM NO. 4.1 Orange County Water District is requesting Yorba Linda Water District send a letter in opposition to the proposed SB26, an act to amend Section 2 of the Orange County Water District Act (Chapter 924 of the Statutes of 1933), relating to water. STAFF RECOMMENDATION: That the Committee consider this request and make a recommendation to the Board of Directors. DISCUSSION: This bill would prohibit OCWD from entering into a real property lease agreement with a nongovernmental entity for purposes not useful or necessary to replenish the underground water basin within OCWD, or to augment and protect the quality of the common water supplies of the district, unless the agreement is approved by the city council in which the real property is located, if the real property is located within a city. According to OCWD: The bill's broad language could be interpreted to include not just new leases, but extensions of existing leases, and could also be read to prohibit all leases for non -water related purposes in all unincorporated areas. For decades OCWD has entered into numerous leases of land for non -water purposes. OCWD has leases for golf activities, fishing, nurseries, shooting, etc. The revenues from these leases supports district operations and helps the district to replenishment the groundwater basin at a lower cost to ratepayers. This bill would essentially provide city councils with the authority to dictate the activities, and would set a dangerous precedent for special districts throughout the state. If this bill is successful, it is likely that we will see the introduction of similar legislation in the future affecting other districts which have opposition to proposed projects. ATTACHMENTS: Name: Description: Type: OCWD -SB 26 Facts - 05- 23- 14.docx OCWD SB 26 FACTS Backup Material OCWD - SB 26 Oppose letter - 05- 23- 14.docx OCWD Oppose Letter Backup Material Senate Bill 26 (Lou Correa) Facts SB 26 (as introduced by Senator Lou Correa) would amend the 1933 state act that created the Orange County Water District (OCWD, the District). • The bill specifically targets OCWD by prohibiting the District from entering into real property lease agreements with a nongovernment entity for purposes not necessary to replenish the groundwater basin or protect local water supplies. • In order to enter into a "non- water - related" lease agreement, OCWD — under SB 26 — would first be required to secure approval from the city council in which the real property is located. SB 26 would significantly reduce the local authority of OCWD. • OCWD is a legally recognized government body with an elected and appointed board of directors. • Our records and meetings are open to the public. • Our appointed directors are selected by the city councils of the three largest cities in the county. • Over the past 80 years, OCWD has entered into various lease agreements with nongovernment bodies to use District -owned land for such things as recreational fishing, a golf driving range, a container nursery, dog kennels and more. o Revenue from these "non- water" leases reduces district operating costs and demonstrates smart stewardship of taxpayer resources. • The bill does nothing to improve public accountability or community involvement. • This bill would essentially transfer control of OCWD activities to city councils. SB 26 would create a dangerous precedent impacting not only OCWD, but hundreds of special districts throughout California (one of the state's most abundant forms of local government). • By creating a blanket prohibition on one government body, similar legislation could easily be passed placing the same restrictions on other special districts. o Special districts include the Orange County Sanitation District, the Buena Park Library District, the Orange County Transportation District, the Orange County Fire Authority and many other water and library districts in the region. • This bill would add an unnecessary layer of government intervention and bureaucracy. SB 26 is a "gut and amend" action occurring late in the current California Legislative session. • SB 26 was originally introduced as a political reform bill focused on campaign mailers. • The deadline to introduce new legislation had passed. Therefore, Senator Correa transformed an existing bill at the last hour. • The bill is non - specific and, therefore, is open to interpretation with regard to OCWD leases in unincorporated areas as well as any previous leases executed by the District. May 22, 2014 Senator Lou Correa State Capitol, Room 5061 Sacramento, CA, 95814 RE: SB 26 (Correa), Oppose Dear Senator Correa I /we am /are writing in support of the Orange County Water District (OCWD) and its continued work to ensure our region's water integrity and supply. I /we am /are concerned with AB 26, legislation that, if passed, would have drastic implications on the ability of the District to fulfill its groundwater clean -up and protection duties. As an agency /City /organization that is invested in the District and its ability to perform the tasks granted to it by the State of California, we are concerned that AB 26 will place crippling restrictions on the OCWD to provide adequate supply of fresh groundwater to the 2.4 million Orange County residents it serves. This legislation will prohibit the District from entering into a real property lease agreement with a nongovernmental entity for purposes that are not useful or necessary to replenish the groundwater basin within OCWD or to augment and protect the quality of the common water supplies of OCWD, unless the District first obtains approval from the city council. These lease agreements are crucial to OCWD's mission, and similar agreements are used by agencies across the region and state. This bill would create an enormous burden for OCWD to enter into real property agreements with nongovernmental entities, without considering the potential benefits to the community or prior community involvement. In fact, for decades OCWD and other agencies have entered into numerous leases of land for non -water purposes. The revenues from these leases support District operations and help the District to replenishment the groundwater basin at a lower cost to ratepayers. The bill's broad language could be interpreted to include not just new leases, but extensions of existing leases, and could also be read to prohibit all leases for non -water related purposes in all unincorporated areas. Furthermore, this bill unfairly singles out OCWD while also creating a troubling precedent of adding layers of governmental oversight to agencies that commonly use lease agreements to support their work and keep costs down. This bill essentially provides city councils with the authority to dictate the activities, and would set a dangerous precedent for special district throughout the state. If this bill is successful, it is likely that we will see the introduction of similar legislation in the future affecting other districts which have opposition to proposed projects. We hope that you oppose AB 2712 so that OCWD continues to have the tools to protect and ensure a safe and reliable water source for the people of Orange County. Sincerely, cc: Assembly Member Paul Fong, Chair, Committee on Elections and Redistricting Assembly Member Tim Donnelly, Vice Chair, Committee on Elections and Redistricting Assembly Member Rob Bonta Assembly Member Isadore Hall Assembly Member Dan Logue Assembly Member Henry Perea Assembly Member Freddie Rodriguez ITEM NO. 5.3 AGENDA REPORT Meeting Date: June 9, 2014 To: Executive- Administrative- Organizational Committee From: Steve Conklin, Acting General Manager Subject: Sharing of GIS Data with the City of Yorba Linda SUMMARY: As previously discussed with the EAO Committee and the Board, we are planning to share the District's GIS files for the water and sewer systems with the City of Yorba Linda, as a mutually beneficial program. In response to the District's request, the City provided a letter, as attached, indicating that the material provided will be used by the City for information purposes only. Further, the letter confirms that as a condition for the use of the data, the City releases YLWD from liability related to the accuracy of the water and sewer system data. ATTACHMENTS: Name: Description: Type: GIs Letter from City YL.pdf Release Letter from City YL Backup Material May 29, 2014 CITY OF YORBA LINDA P.O. BOX 87014 CALIFORNIA 92885 -8714 (714) 961 -7170 FAX (714) 986 -1010 ENGINEERING / PUBLIC WORKS Mr. Steve Conklin Acting General Manager Yorba Linda Water District 1717 E. Miraloma Avenue Placentia, CA 92870 SUBJECT: Geographical Information System Data Sharing Partnership Dear Mr. Conklin: We look forward to implementing the Geographical Information System (GIS) Data Sharing Partnership that we first discussed several months ago. We appreciate the services of the Yorba Linda Water District and, as discussed at the most recent Joint ,'omrrlittee Meeting in April, we are confident there will be a mutual benefit to the constituents we serve through, this partnership. As mentioned, we intend to use the sewer and water system data for information purposes only. The sewer and water system data will be used for discussion purposes only, and is not intended to replace any coordination efforts that would need to occur with the Yorba Linda Water District (YLWD). It is also understood that the sewer and water system data is dynamic and that the information viewed by the City may not reflect actUal field conditions. As a condition to the use of the sewer and water system data, the City would release the YLWD from liability related to the accuracy of the sewer and water system data., Sincerely, CITY OF YORBA LINDA &M G-• Michael L. Wolfe, PE Director of Public Works /City Engineer MLW /RY:ses E C E .JUN 0 2 2014 BY: RTHPLACE OF RICHARD NIXON • 37'" PRESIDENT OF THE UNITED STATES