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Home My WebLink About2009-02-17 - Executive-Administrative-Organizational Committee Meeting Agenda Packet KvA Yorba Linda Water District EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING Tuesday, February 17, 2009,4:00 p.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020 AGENDA COMMITTEE STAFF Director John Summerfield, Chair Ken Vecchiarelli, General Manager Director William R. Mills Pat Grady, Asst. General Manager PUBLIC COMMENTS Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. ACTION ITEMS This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 1. General Manager's Employment Contract 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. 2009 Board of Directors Strategic Planning Workshop 3. Report on Legislative Activities - Sacramento Advocates 4. Report on Grant Activities - Townsend Public Affairs 5. General Counsel's Monthly Summary Billing Reports 6. Directors' and General Manager's Fees and Expenses (Oct-Dec) ADJOURNMENT The next regularly scheduled meeting of the Executive-Administrative-Organizational Committee will be held March 17, 2009 at 4:00 p.m. 1 Items Distributed to the Committee Less Than 72 Hours Prior to the Meetina Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to 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 intemet 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. 2 ITEM NO. 3 Barry S. Brokaw Donne Brownsey Sacramento Advocates, Inc. Cassie Gilson A California based Public Affairs and Governmental Relations Firm rtrtrtrt Sen. Dan Boatwright (Ret.) General Counsel 1215 K Street, Suite 2030 0 Sacramento, CA 95814 Phone (916) 448-1222 0 Fax (916) 448-1121 Sen. Mike. Machado (Ret.) Consultant To: Yorba Linda Water District Board of Directors From: Barry Brokaw, for Sacramento Advocates, Inc. Re: State Capitol Update Date: February 9, 2009 The state of California has been wrestling with a massive budget deficit for several years now, but never have we seen this turmoil. When it comes to dealing with key state fiscal issues in Sacramento, the Capitol is perched on a three-legged stool: Legislative Democrats; Legislative Republicans; and the Governor, whom the legislative Republicans consider to be a RHINO (Republican in Name Only). Whether he is or isn't, the legislative Democrats seem to be able to work with him on many issues, and the Republicans cannot. So, Sacramento has done what a stool with two legs does ...it has toppled over. The situation is so bad that the State of California is at the point of being almost ungovernable in the short and medium term, with a two-thirds vote required to pass a state budget and new taxes. Most long term work has come to a standstill in the absence of an economic plan to guide the state through the conclusion of the July 1, 2009-June 30, 2010 fiscal year. California's Economic Plight The massive downturn in the national economy has moved a "balanced" state budget in late September of 2008, to a $42 billion deficit (out of a $103 billion General Fund budget) by the end of January, 2009. State revenues have dropped as precipitously as most 401k plans; the State is on the verge of issuing IOU's instead of tax refunds;, many state workers face a two-day per month furlough for the next 17 months (that's a 9.2% pay cut); many consumers have stopped spending money in this state; and we had a record 238,000 home foreclosures in 2008 (nine times more than ANY previous year). Capital investment has dried up, and California eagerly awaits any help from the Obama economic stimulus plan. I New State Taxes Are On the Way Discussions at the Capitol are focusing on what specific spending reductions and tax increases could generate a two-thirds vote. Legislative Republicans are seeking there own "economic stimulus" package as apart of any deal, to the consternation of the Democrats. The stimuli, which include changes in law to relax state environmental review of about a dozen "ready to go" highway projects and allowing more outside engineers to design such projects, have been a push back point for the Democrats. There are other CA Environmental Quality Act lawsuit reforms being sought, in addition 1 to issues like changing the 8-hour per day overtime requirement to time beyond a 40 hour work week, and a sales tax exemption for manufacturing and capitol equipment purchasing. The new taxes may include a state sales tax increase for three or four years, and a return of vehicle license fees to 2 percent of a vehicle's value (it is now at .65%). Expect to see other state fee increases. Spending reductions are unlikely to be much changed from what Democrats already agreed to in the budget they put forward in December. They total about $18 billion. That proposal included reducing checks paid to California's aged, blind and disabled to 2008 levels and providing no cost-of-living increase this year for the recipients. A large chunk of the spending cuts fall on public schools which represent roughly 40 percent of the state's general fund spending. Because of the economic decline, the amount of minimum state support for schools has fallen by $6.6 billion. Of that amount the governor and lawmakers appear to have settled on a plan in which a little less than one-third of that amount - $2.1 billion - would be felt in the classroom. And, you can be sure there will be more borrowing as part of the end deal, as well. Should a deal be reached in February, as the state runs out of cash, we can expect more pressure to ratchet spending down and increase taxes as the year progresses, if consumer spending continues to fall and unemployment continues its rise. Legislation of Interest The good news from Sacramento is that bill introduction is dragging at this time. With no money to spend for new or expanded state programs, few bills have been introduced. The deadline for bill introduction is February 27, 2009 for all but special "urgency" bills. We will have a better read on what kind of legislative issues might involve YLWD in the weeks ahead. In the meantime, there is one bill that the district has indicated a willingness to support. I have brought the measure to the attention of newly elected Assembly Member Curt Hagman. AB 28 (Jeffries) Natural gas engines: water pumps. (1-12/01/2008) Summary: Existing law imposes various limitations on emissions of air contaminants for the control of air pollution from vehicular and non-vehicular sources. Existing law generally designates the State Air Resources Board as the state agency with the primary responsibility for the control of vehicular air pollution, and air pollution control districts and air quality management districts with the primary responsibility for the control of air pollution from all sources other than vehicular sources. This bill would prohibit air pollution control districts and air quality management districts from restricting the use of engines powered by natural gas by a city, county, , or special district, including a water district, to operate water pumps. Note: This would be a very important piece of legislation for the district, but legislative Democrats are not likely to allow for this exemption. The bill has been referred to two policy committees, making passage all the more difficult. Status: 02/05/2009-Referred to Coms. on NAT. RES. and L. GOV. 2 ITEM NO. 1 „ats ~ e] PUBLIC AFFAIRS, INC. MEMORANDUM To: Yorba Linda Water District, Executive Committee From: Christopher Townsend, President Sean Fitzgerald, Senior Director Heather Dion, Director Date: February 16, 2009 Subject: Activity Report State and Federal Political Hiahlisahts: The Big 5 have been meeting everyday for nearly two weeks now; however, little information has emerged from the meetings. In the past twenty-four hours there has been increased talk about the Assembly and Senate scheduling floor votes on the budget. These sessions could occur as early as Sunday, but are more likely to occur later next week. While there have been discussions of holding session next week, there has been virtually zero discussion about the details of what would be voted upon. None of the Big 5 have indicated that a budget deal has been reached, but each has said that progress is being made. It is generally assumed that any budget deal would have several key components: increase in revenues to the State, a significant reduction in State spending, borrowing, and a spending cap for future budgets; however, the specific details have not emerged. It is likely that once the Big 5 reach a deal it will be several days before the Legislature can vote on the measure, as legislation will need to be drafted the members will need to be briefed by their leadership. The House Economic Stimulus Bill (HR 1) passed last week with a total of $ 6 billion for the Clean Water State Revolving Loan Fund and $ 2 billion for the Safe Drinking Water Loan Fund. Under the current program that has not been amended, the SRL works under a purely loan fund process. However, the State Water Resources Control Board (the administering agency of the State Revolving Loan Fund Program) is already working to amend the program to either offer negative interest loans and principal forgiveness for up to 100 percent of the cost of a project, no state or local matching requirements, and priority for those projects that are ready to proceed to construction within 180 days of enactment of the Federal Stimulus bill. The Senate is expected to consider and act on their proposal with amendments to the House version by mid- February. Senator Feinstein has indicated she intends to offer an amendment raising the Clean Water fund from $6 billion to $12 billion and the Safe Drinking Water Fund from $2 billion to $4 billion. With the Senate expected to finalize the federal economic stimulus package by February 10'" the State will have a better idea of what they can expect as a federal bailout to help with social service expenditures required by the states. Additional support will come from the administrative fees the states will be allowed to take off the top from federal funding that is passed through the states to local and regional governments for infrastructure projects. The current cap in place by the Senate bill is somewhere between 2-4 percent, and likely to be debated out in conference committee later this week. Also in the Senate stimulus package are amendments to particular funding categories for water and wastewater infrastructure. Under the Energy and Water the COE is allocated $4.6 billion, $100 million more than the House proposal. The Bureau of Reclamation received $1.4 billion, in the Senate markup which is $900 million more than in the House version. And lastly, The State Tribal Assistance Grant (STAG) program, which funds the State Clean Water Revolving Loan Fund and the Drinking Water Loan Fund was allocated $4 billion for Clean Water and $2 billion for Drinking Water (this is without Senator Feinstein's anticipated amendments to triple both funds). Because so much attention has been focused on the Senate's work at passing the stimulus package this week, little efforts have been made to pass an omnibus bill package that finalizes spending for FY 09 before the continuing resolution runs out on March 17" Activities for the Month: • TPA is working with YLWD staff to prepare and submit a Department of Public Health universal pre-application through the State Revolving Loan Fund Program for projects that are shelf ready, meaning they have cleared the environmental review process and could be under construction within 120-days of being awarded funding. A separate application for each project will need to be completed by February 28, 2009 in order to be considered for funding through the SRL program. • Once projects are selected, TPA will begin working with the YLWD local, regional, state and federal delegation to seek support for the projects that will ultimately be chosen at the agency or department level. • TPA is also working with YLWD staff to select a project for the FY 2010 appropriation process to submit to Congressman Miller for consideration. The forms are due February 18, 2009. YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: January Matter Matter Date- Task Order Name Number Opened Amount CURRENT FISCAL YEAR 2008 -2009 Current Billing Total Billed to Date Total Billed 2007 -2008 January 29, 2009 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 N/A $1,533.50 $2,509.00 $11,223.18 OCWD ANNEXATION 040 1/13/1994 N/A $0.00 $5,040.00 $60,261.09 HIDDEN HILLS RESERVOIR 068 8/25/2003 $16,530.00 $41,675.90 S &S DEVELOPMENT AGREEMENTS 071 $3,030.00 $3,030.00 RWQCB 073 12/18/2002 $0.00 $636.21 $2,161.00 LAKEVIEW RESERVOIR 081 312/2005 $20,000.00 $0.00 $1,924.00 $36,645.72 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $1,476.43 $27,509.12 $15,888.25 CELL TOWER 085 7/28/2006 $15,000.00 $220.00 $710.00 $24,162.90 WATER RATESNVATER CONSERVATION 087 7/31/2006 $10,000.00 $4,715.04 $34,361.37 $26,960.50 BOD PROCEDURES 089 3/27/2006 $5,000.00 $0.00 $12,522.50 $8,732.10 TOTAL $27,504.97 $129,918.10 $186,034.74 fir: YEAR -TO -DATE REPORT YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2008.2009 YEAR -TO -DATE REPORT FROM 10- 01.2008 T012.31.2008 GEN MGR EXPENSES YTD GEN MGR TRAVEL CONF. BUDGET YTD TOTAL FEES & EXPENSES YTD $3,000 $5,849 TOTAL FEES & EXPENSES BUDGET YTD $7,340 $7,340 COLETT MILLS 9 14 1 1 25 $3,750 $6,174 $0 $1,166 $3,750 $7,340 $3,750 $7,340 11 13 3 2 29 $4,350 $6,174 $831 $1,166 $5,181 $7,340 $5,181 $7,340 SUMMERFIELD SUB -TOTAL 13 53 14 66 3 8 3 10 33 137 $4,950 ARMSTRONG BEVERAGE $30,870 $0 REGULAR MEETINGS ATTENDED 8 12 COMMITTEE MEETINGS ATTENDED 9 16 OFF SITE MEETINGS ATTENDED 1 0 SPECIAL MEETINGS ATTENDED 2 2 TOTAL MEETINGS ATTENDED YTD 20 30 DIRECTOR FEES YTD $3,000 $4,500 MEETING FEES BUDGET YTD $6,174 $6,174 TRAVEL & CONFERENCES EXPENSES YTD $0 $1,349 TRAVEL & CONFERENCE BUDGET YTD $1,166 $1,166 DIRECTORS FEES & EXPENSES YTD $3,000 $5,849 FEES & EXPENSES BUDGET YTD $7,340 $7,340 GEN MGR EXPENSES YTD GEN MGR TRAVEL CONF. BUDGET YTD TOTAL FEES & EXPENSES YTD $3,000 $5,849 TOTAL FEES & EXPENSES BUDGET YTD $7,340 $7,340 COLETT MILLS 9 14 1 1 25 $3,750 $6,174 $0 $1,166 $3,750 $7,340 $3,750 $7,340 11 13 3 2 29 $4,350 $6,174 $831 $1,166 $5,181 $7,340 $5,181 $7,340 SUMMERFIELD SUB -TOTAL 13 53 14 66 3 8 3 10 33 137 $4,950 $20,550 $6,174 $30,870 $0 $2,180 $1,166 $5,830 $4,950 $22,730 $7,340 $36,700 $4,950 $22,730 $7,340 $36,700 PAYNE TOTAL 137 $20,550 $30,870 $2,180 $5,830 $22,730 $36,700 $55 $55 $2,560 $2,560 $55 $22,785 $2,560 $39,260 m F. Z 0 Quarter -To -Date Report YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2008 -2009 2ND QUARTER REPORT FROM 10 -01 -2008 TO 12 -31 -2008 ARMSTRONG BEVERAGE COLLETT MILLS SUMMERFIELD SUB -TOTAL PAYNE REGULAR MEETINGS ATTENDED 2 6 5 6 6 25 COMMITTEE MEETINGS ATTENDED 2 6 4 6 7 25 OFF SITE MEETINGS ATTENDED 0 0 0 1 3 4 SPECIAL MEETINGS ATTENDED 2 2 1 2 3 10 TOTAL MEETINGS ATTENDED QTD 6 14 10 15 19 64 DIRECTOR FEES QTD $900 $2,100 $1,500 $2,250 $2,850 $9,600 MEETING FEES BUDGET QTD $3,087 $3,087 $3,087 $3,087 $3,087 $15,435 TRAVEL & CONF. EXPENSES QTD $0 $1,349 $0 $831 $0 $2,180 TRAVEL & CONF. BUDGET QTD $583 $583 $583 $583 $583 $2,915 DIR.FEES AND EXPENSES QTD $900 $3,449 $1,500 $3,081 $2,850 $11,780 FEES AND EXPENSES BUDGET QTD $3,670 $3,670 $3,670 $3,670 $3,670 $18,350 GEN MGR EXPENSES QTD $0 GEN MGR TRAVELICONF. BUDGET QTD $1,280 TOTAL FEES & EXPENSES QTD $900 $3,449 $1,500 $3,081 $2,850 $11,780 $0 TOTAL FEES & EXPENSES BUDGET QTI $3,670 $3,670 $3,670 $3,670 $3,670 $18,350 $1,280 TOTAL 64 $9,600 $15,435 $2,180 $2,915 $11,780 $18,350 $0 $1,280 $11,780 $19,630 DIRECTORS RECAP OF TRAVEL/CONFERENCE EXPENSES October - December 2008 General Manager Payne Total directors $0 $0 $0 $0 Total GM Total directors & GM $213 $620 $427 $865 $55 $2,180 $2,180 Assistant General Manager Vecchiarelli 11/20108 11/12108 60 60 60 GL Trip Trip Trip Reimbursable expenses paid by YLWD Director date date name location Meals Lodging Travel Conf Fee Misc Total trio Total Armstrong $0 $0 $0 Beverage 12/31/08 12114/08 CRWUA conference Las Vegas $213 $464 $352 $305 $15 $1,349 $0 $1,349 Collett $0 $0 Mills 12/11/08 12/1/08 ACWA, ACWA/JPIA Long Beach $156 $75 $500 $40 $771 11/20/08 11/12/08 MW DOC water policy forum Costa Mesa $60 $60 $0 $831 Summerfleld $0 General Manager Payne Total directors $0 $0 $0 $0 Total GM Total directors & GM $213 $620 $427 $865 $55 $2,180 $2,180 Assistant General Manager Vecchiarelli 11/20108 11/12108 60 60 60