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HomeMy WebLinkAbout2008-09-23 - Executive-Administrative-Organizational Committee Meeting Agenda Packet0 EYorba Linda Water District EXECUTIVE-ADMINISTRATIVE-ORGANIZATIONAL COMMITTEE MEETING Tuesday, September 23, 2008, 4:00 p.m. 1717 E. Miraloma Avenue, Placentia, CA 92870 - Tel: (714) 701-3020 ITEMS DISTRIBUTED TO THE BOARD COMMITTEE LESS THAN 72 HOURS PRIOR TO MEETING Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items and are distributed to the Board 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 httD://www.vlwdO-vlwd.com. AGENDA COMMITTEE: Director John Summerfield, Chair Director William R. Mills Alternate: Director Ric Collett STAFF: Michael A. Payne, General Manager Ken Vecchiarelli, Asst. General Manager INTRODUCTION OF VISITORS AND PUBLIC COMMENTS: Any individual wishing to address the committee is requested to identify themselves and state the matter on which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on this agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to five minutes. ACTION ITEMS: This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee actions. Consider Implementation Plan in Support of Water Conservation Goals and Development of Water Use Efficiency Baselines. Recommendation: That the Committee review and consider an implementation plan in support of water conservation goals and support development of water use efficiency baselines. 2. Consider the outline and objectives for a Mid-Budget Status Report and Rate Structure Workshop. Recommendation: That the Committee review and consider a strategic plan, goals and objectives for a Mid-Budget Status Report and Rate Structure Workshop scheduled for October 10, 2008. OR G KA_ A 3. Consider development of an Employee Relations Resolution. Recommendation: That the Committee discuss and consider staff's recommendation to solicit proposals for development of an Employee Relations Resolution. 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. 4. Report on Legislative Activities - Sacramento Advocates. 5. Directors' and General Manager's Fees and Expenses. 6. General Counsel Monthly Summary Billing Reports. 7. Review Agreements with Townsend Public Affairs and Legislative Advocates. 8. Discuss Conflict of Interest and Ethics Codes. ADJOURNMENT: The next Executive-Administrative-Organizational Committee is scheduled for October 21, 2008, 4:00 p.m. Accommodations for the Disabled: Any person may make a request for a disability-related modification or accommodation needed for that • person to be able to participate in the public meeting by telephoning Michael A. Payne, General Manager/Secretary, at 714-701-3020, or writing to Yorba Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and the type of accommodation requested. A telephone number or other contact information should be included so the District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should make the request with adequate time before the meeting for the District to provide the requested accommodation. • 2 ITEM NO. / AGENDA REPORT Committee Meeting Date: September 23, 2008 To: Executive-Administrative-Organizational Committee From: Ken Vecchiarelli, Assistant General Manager Staff Contact: Cindy Mejia, Management Analyst Reviewed by General Counsel: N/A Budgeted: N/A Total Budget: Funding Source: N/A CEQA Account No: Job No: Compliance: N/A Estimated Costs: Dept: Admin Subject: Water Conservation and Efficiency Use Action Plan SUMMARY: In light of continued drought along the Colorado River, continued restrictions on the California Aqueduct, and with the intention to preserve the existing water supplies, staff has drafted an action plan in support of Resolution 08-07, passed on June 26, 2008, enacting the first level of the 2005 Urban Water Management Plan with suggestions for further action in support of mandatory conservation at the 15% and 20% levels. DISCUSSION: Resolution 08-11 seeks to further refine the conservation action plan initially set forth in the Urban Water Management Plan and referred to by Resolution 08-07. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors has previously enacted Resolution No. 90-13 to adopt general water conservation within the District, without a set goal conservation percentage. Resolution No. 88- 18 and 92-06 were both enacted with a set goal of ten-percent water conservation and Resolution No. 91-12 was enacted with a set goal of eighteen-percent water conservation. The action plan supported by Resolution 08-11 further defines the action plan elements required to support levels of 10 % voluntary conservation and mandatory water demand reductions of 15% and 20%. These levels are currently being considered in MWD's allocation plan which may be adopted and effective staring July 1, 2009 and which would restrict the water supply to each MWD agency and impose severe penalties for water use above the allocation levels. STAFF RECOMMENDATION: That the Executive-Administrative Committee considers Resolution 08-11 and the supporting action plan. RESOLUTION NO. 08-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT REGARDING ADOPTING AN ACTION PLAN IN SUPPORT OF RESOLUTION 07-08 WHEREAS, the 2005 Urban Water Management Plan, approved by the Board of Directors of the Yorba Linda Water District, states four levels of water supply shortage conditions, the first of which is voluntary conservation measures of a targeted ten-percent reduction in the usage of water; and WHEREAS, the Board of Directors adopted Resolution 07-08 on June 26, 2008, stating that the first level of the 2005 Urban Water Management Plan, a ten-percent voluntary reduction in the usage of water is enacted; and WHEREAS, the Board of Directors wishes to further refine the four levels of water usage stated in the 2005 Urban Water Management Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District that all water users adopt a voluntary ten percent per person, per day reduction in the usage of water, known as Level One. The District is committed to assisting in the education of its customers through the following measures. Section 1: The District will send notices to all Yorba Linda Water District customers informing them of the current water use reduction percentage. Section 2: The District will also post notices on the Yorba Linda Water District website; within the quarterly customer newsletter, on customer bills and within the Orange County Register local community newspapers informing Yorba Linda Water District customers of the current water use reduction percentage. Section 3: The District will meet with the Cities of Yorba Linda and Placentia to discuss ways of encouraging customers to pursue water conservation measures such as applying for rebates for Smart Controllers, High-Efficiency Nozzles, High-Efficiency Clothes Washers and Toilets, Smartimers and Synthetic Turf. Section 4: The District will meet with multifamily complexes to discuss ways of encouraging customers to be proactive in irrigation conservation measures, such as cutting irrigation by one day per week; fixing leaking sprinklers, valves and pipes; and adjusting sprinklers to avoid overspray and runoff. Section 5: The District will distribute additional literature within customer bills to encourage indoor conservation measures, such as running the dishwasher and clothes washer only when full; turning off the water when brushing teeth, washing hands, or rinsing dishes; shortening showers, not utilizing the toilet as a wastebasket and installing aerators with flow restrictors on kitchen/bathroom faucets. Section 6: The District will track overall customer water usage levels for the purposes of adherence to established goals and present this information to the Board of Directors on a monthly basis. Section 7: The District will develop baseline water budgets and appropriate efficiency fee penalties for non-compliance to the established baseline usage. Section 8: The District will develop informational door hangers with suggested improvements to water inefficiencies for District field personnel to distribute. BE IT FURTHER RESOLVED by the Board of Directors of the Yorba Linda Water District that in the event that cooperation with the voluntary ten-percent reduction of water District-wide is not forthcoming, then no sooner than January 1, 2009 all water users must adopt a mandatory fifteen-percent per person, per day reduction in the usage of water, known as Level Two. Section 1: The following actions are, therefore, prohibited for all District customers. a. Allowing water to leak from any pipe or fixture on the customer's premises for any period of time after which the loss of water should have reasonably been discovered and corrected; b. Washing driveways, sidewalks, parking areas, patios or other outdoor areas with a hose; c. Washing cars, pets, or other objects with a hose that runs continuously; d. Allowing excess or continuous runoff during landscape irrigation. e. Irrigating landscape between the hours of 6 a.m. and 8 p.m.; f. Serving drinking water to any customer in a restaurant unless expressly requested by the customer. Section 2: The District will continue with all action plan elements outlined in Level One. Section 3: The District will post a notice in the Yorba Linda Chamber of Commerce newsletter informing Yorba Linda Water District customers of the current water use reduction percentage. Section 4: The District will post a notice in the Yorba Linda Chamber of Commerce newsletter informing Yorba Linda Water District customers of the current water use reduction percentage. Section 5: The District will continue to develop baseline water budgets and appropriate efficiency fee penalties for non-compliance to the established baseline usage. Section 6: The District will implement informational door hangers with suggested improvements to water inefficiencies for District field personnel to distribute. Section 7: The District will implement a "Water Inefficiency" customer hotline BE IT FURTHER RESOLVED by the Board of Directors of the Yorba Linda Water District that in the event that cooperation with the mandatory fifteen-percent reduction of water District-wide is not forthcoming, or allocations imposed by the Metropolitan Water District of Southern California appear to be greater than the requested fifteen-percent conservation, then no sooner than July 1, 2009 all water users must adopt a mandatory twenty-percent per person, per day reduction in the usage of water. Section 1: The following actions are, therefore, prohibited for all District customers. a. All actions previously prohibited in Levels One and Two, unless otherwise overridden below; b. All car washing, except at a car wash that recycles its water; c. Landscape irrigation through the use of sprinklers for more than ten minutes per day, except in the case of low-flow drip irrigation; d. Landscape irrigation any day other than Monday, Thursday or Saturday; e. Irrigation of any large landscaped areas, such as parks, medians and open fields without the use of sensors that automatically shut off the irrigation system in the event of rain. f. Operation of a fountain or other water feature that does not recirculate the water. Section 2: The District will continue with all action plan elements outlined in Levels One and Two. Section 3: The District will discontinue the issuance of construction meters. Section 4: The District will provide additional funds to encourage customer rebates on water efficient devices and fixtures. PASSED AND ADOPTED this day of October, 2008 by the following called vote: AYES: NOES: ABSENT: ABSTAIN John W. Summerfield, President ATTEST: Michael A. Payne, Secretary Action Plan Supporting Conservation Resolution and further Water Demand Management Level 1- 10% Voluntarv Customer Suggestions • Conscious effort to cut water demands by 20 gallons pcpd • Cut irrigation by 1 day per week • Fix leaking sprinklers, valves and pipes • Adjust sprinklers to avoid overspray and runoff • Run the dishwasher and clothes washer only when full • Turn off the water when brushing teeth, washing hands or rinsing dishes • Do not use the toilet as a wastebasket • Shorten showers • Install aerators with flow restrictors on kitchen and bathroom faucets • Take advantage of rebates for water-efficient devices YLWD Action Plan Elements • Post Level specifics on District Website • Place ad/notice in YL Star • Send bill insert on Level specifics • Post notice in WaterLines • Post bill message on Level specifics • Track District-wide performance goals- report to full Board • Develop baseline water budgets and efficiency fee structure • Develop doorhangers to notify customers of inefficiencies and suggest alternative actions- to be distributed by field staff • Development of a "Water Inefficiency Hotline. • Meet with Cities of Yorba Linda & Placentia to discuss plan of action for reducing irrigation demands • Meet with HOAs and apartments to discuss plan of action Level 2 - 15% Mandatorv Customer Restrictions • All tactics from Level 1, unless overridden below '4 • No permitting water to leak from any pipe or fixture on the customer's premises for any period of time after which the loss of water should have reasonably been discovered and corrected • No use of a water hose to wash any hard/paved surfaces • No operating a water hose which runs continuously while washing a vehicle, pet or other object. • No irrigation that causes excess or continuous runoff • No irrigation between the hours of 6am and 8pm • No serving of drinking water to any customer in a restaurant unless requested by the customer YLWD Action Plan Elements • All tactics from Level ] • Informational story/ad in Chamber newsletter • Further development of baseline water budgets and efficiency fee structure • Implementation of doorhangers to notify customers of inefficiencies and suggest alternative actions - to be distributed by field staff • Implementation of a "Water Inefficiency Hotline" • Impose inefficiency fees with multiple violations Level 3 - 20% Mandatorv Customer Restrictions • All tactics from Level 1 2, unless overridden below • No car washing except at a car wash that recycles water • No irrigation through sprinklers for more than 10 minutes per day except in the case of low-flow drip irrigation • No irrigation any day other than Monday, Thursday or Saturday • No large landscape areas, such as parks and open fields, shall have irrigation system without rain sensors that shut off the irrigation systems • No operation of a fountain or other water feature that does not recirculate the water YLWD Action Plan Elements • All tactics from Level 1 8v 2 • Actively ramp up community patrols and enforcement activities • Discontinue issuance of construction meters • Review and consider will serve commitments • Channel all funds generated by collection of inefficiency fees into support of customer rebates on water-efficient devices and other water use efficiency programs ITEM NO. Barry S. Brokaw Donne Brownsey Daniel E. Boatwright General Counsel Sacramento Advocates, Inc. A California based Public Affairs and Governmental Relations Firm 1215 K Street, Suite 2030 • Sacramento, CA 95814 Phone (916) 448-1222 • Fax (916) 448-1121 MEMORANDUM To: Mike Payne From: Barry Brokaw Re: Budget Deal Update for the Board of Directors Date: September 16. 2008 "Get Out of Town" Budget Deal Cobbled Toizether The four legislative party leaders cut a deal that was affirmed by both the Senate and Assembly in the early hours of Tuesday morning that would temporarily close the $15.2 billion budget deficit, breaking the logjam in budget negotiations that left the state without a spending plan for the fiscal year that began July 1. This was a "hold your nose and get out of town fast" budget deal. It essentially postpones the day of reckoning until next year. There were no additional cuts taken to make this deal happen. There was no raid of local government property tax revenues as part of this deal, which was a concern to many. Anv Winners? • Democrats prevented further cuts to close the deficit, but failed to increase revenue through a tax hike, and have had to give the governor some of the changes to make modest mid-year budget adjustments he wanted but they didn't support. • Republicans failed to get deeper cuts in social services they wanted and gave up a proposal to borrow money from funds that feed local government and transportation programs.. But they headed off any "direct" tax increases. • The governor got some of the changes in the budget process he sought, but was unable to sway a single Republican to vote for the "compromise" budget he proposed, which included a temporary sales tax hike. The governor did not get the budget busting controls he desired. It is not certain if he will okay this budget deal. All four leaders used the word "compromise" in describing the deal, and in fact the broad outlines of the deal indicate all the players can claim wins and losses: Anv Losers? The compromise would raise additional revenue by eliminating tax deductions that businesses take when they have net operating losses; creating an amnesty program for cheats who pay their overdue taxes; requiring limited liability corporations to pay their taxes earlier; and requiring businesses and individuals to make bigger estimated tax payments sooner - 60 percent of taxes to be paid in the first half of the year rather than 50 percent. The tax related measures that are being termed "accelerators" (uhumm, not "tax increases") and will affect businesses and individuals. Here is a little more detail: - Taxpayers who file quarterly have to pay more of the taxes due earlier. Those who earn more than $1 million/ year and experience a big jump in income will no longer have extra time to pay taxes on the increase. This is estimated to bring in an additional $3.8 billion. - LLCs will have to pre-pay taxes that would normally not be due until next year. There is also a new amnesty program reducing penalties for taxes owed from previous years if paid off now. NOL is suspended for 2 years. This is estimated to bring in $2.7 billion. - Withholding of state taxes will increase for two wage-earner families and for all taxpayers with investment income. This is estimated to bring in $1.5 billion. Refunds of any overpayment will be returned in the following fiscal year. - The General Public? Wait 'Til Next Year The biggest problem posed by this budget deal is that the structural imbalance is unchanged; the State still spends more money than it takes in. With the continued decline in the State's economy, as evidenced by the slow down in state sales tax, bank and corporation tax and personal income tax revenues, we expect the budget crisis next year to be even more difficult to resolve. Additionally, my sense is that we will discover the revenues attributed to the "accelerators " are overstated, fueling a greater budget deficit for the next fiscal year that begins on July 1, 2009. It really looks like this budget deal just pushes the problems off until future years. 2 Barry S. Brokaw Sacramento Advocates, Inc. Donne Brownsey A California based Public Affairs and Governmental Relations Firm Daniel E. Boatwright 1215 K Street, Suite 2030 - Sacramento, CA 95814 General Counsel Phone (916) 448-1222 ■ Fax (916) 448-1121 MEMORANDUM To: Yorba Linda Water District Board of Directors From: Barry Brokaw Re: State Capitol Monthly Update Date: September 10. 2008 Overview The Legislature concluded its regular two-year legislative session on August 31, 2008 still unable to pass a state budget bill. They cannot act to consider any non-urgency legislation the rest of this year, which means they must still hang around Sacramento, but only to act on urgency legislation and to solve the budget puzzle. The Legislature has now shattered the record for the longest overdue budget in state history. Without spending authority, payments to vendors and recipients of state services ceased on July 1, 2008. The state will run out of cash resources sometime this month, meaning, in the absence of a budget bill, California will have to borrow money at considerable expense to make any payments. As of this writing, the State Controller reports he has held back nearly $4 billion in due payments to service providers and state vendors. At the end of this month he will have to withhold another $7.6 billion in post-due payments. To say this is getting serious would be an understatement. The paralysis stems from the huge state budget deficit (at least $15.2 billion out of a state General Fund totaling $102 billion). There are three players in this drama: legislative Democrats, who have proposed a variety of tax increases for high income wage earners and corporations, along with some cuts, to achieve a balanced budget; legislative Republicans, who have pledged not to increase taxes, period, and who are proposing program cuts and more borrowing and payment deferrals; and the Governor, who has been accused by both parties of "negotiating by press release," and who supports cuts and a temporary three-year increase in the state sales tax rate of an additional one cent on each dollar. To the extent the legislative Republicans hold firm, there is an increasing likelihood that local government revenues will be "borrowed" once again. Proposition IA protections allow for borrowing of local government (and transportation) funds, but they must be paid back within three years with interest. Republicans are also looking at redevelopment agency funds. Of course, this throws the budget issues squarely into next year. The fundamental problem resulting in this standoff is that legislative districts have been drawn by lawmakers to make it all but impossible for incumbents to be defeated, so there is no political penalty for the lack of their will to compromise. Legislative elections are largely decided in the primary elections. Typically, the most liberal Democrat prevails in a Democratic primary and the most conservative Republican wins in the Republican Primary. They come to Sacramento with a huge ideological divide, and it is seldom overcome on big issues. The budget requires a two-thirds vote, and assuming all Democrats vote for the bill, six Republican votes are needed in the Assembly and two Republican votes are a must in the Senate, to pass the budget bill. And, as of this writing, the Governor can get none of his fellow Republicans to follow his lead. The budget news could get even worse next year, if the state's economy continues to falter in this economic climate. It appears that personal income tax proceeds, and those from sales taxes and corporate taxes, are continuing to fall, and they will become fully apparent next April 15tH And On the Leeislative Front The Governor announced earlier in the budget crisis that he would not allow any bill to become law unless there was a budget bill first sent to him. There are nearly 1,000 bills being held back by the Legislature (they are not being sent to him), that could be impacted by the Governor's decision. Most of the bills that gained approval were authored by Democrats. Republicans don't seem to be particularly dissatisfied by that threat. Frankly, if the budget mess drags on past September 30 (the date by when the Governor must either sign, veto or let bills become law without his signature), many Republicans will be gleeful that bills they opposed will be dead by inaction. Go figure! What follows is a report on key legislation: Water Bond Legislation to place a $9.3 billion water bond on the November ballot was ultimately not acted upon. The Legislature simply did not have enough time, given the budget preoccupation, to work out the many issues that still linger on this matter. Above ground storage vs. conservation and better ground water management?; To build a Peripheral Canal or some type of cross-San Joaquin Delta Channel or not?; Can the state afford another massive bond for the 2008 ballot? ....these are the issues still dogging the process. OTHER BILLS OF INTEREST AB 2175 (Laird) Water conservation. (A-08/27/2008) Summary: Existing law establishes the Water Conservation in Landscaping Act and requires the Department of Water Resources to update the model water efficient landscape ordinance by regulation. Existing law requires all rules and regulations of the department, except as specified, to first be presented to the California Water Commission and be effective only upon approval by the commission. This bill would, until January 1, 2010, delete the requirement that the commission be presented with and approve department regulations relating to the model water efficient landscape ordinance. This bill contains other related provisions and other existing laws. Note: The state DWR would be authorized to set water conservation standards or guidelines under this proposal. This bill requires the state to achieve a 20 percent reduction in urban per capita water use by December 31, 2020 and also requires agricultural water suppliers to implement water use efficiency best management practices by July 31, 2012. MWD supports. ACWA and many agriculture interests opposed. The bill is DEAD. Status: 08/30/2008-Re-referred to Com. on RLS. 2 AB 2270 (Laird) Recycled water: water quality. (E- 08/13/2008) Summary: Existing law establishes a statewide recycling goal of 700,000 acre-feet of water by 2000 and 1,000,000 acre-feet of water by 2010. Existing law requires the Department of Water Resources to prepare and update every 5 years the California Water Plan, which is the plan for the orderly and coordinated control, protection, conservation, development, and use of the water resources of the state. Existing law requires each urban water supplier to prepare, and update every 5 years, an urban water management plan with specified components, including information, to the extent available, on recycled water and its potential for use as a water source in the service area of the urban water supplier. This bill would refer to the statewide recycling goals as targets, and would require the department to update these targets every 5 years, based on consideration of all relevant information, including, but not limited to, specified information from the State Water Resources Control Board and urban water management plans. The department would be required to include the revised targets in the California Water Plan beginning in 2013. The bill would require an urban water supplier to include in its urban water management plan information on recycled water, including, in acre-feet of water per year, a description of the quantity of treated wastewater that meets recycled water standards, a description and quantification of the potential uses of recycled water, and the projected use of recycled water within the supplier's service area. This bill contains other related provisions and other existing laws. Note: The key component in this measure would give the water district the ability to ban the use of water softeners if the salt discharged in the process would threaten recycling efforts. This bill has not yet been sent to the Governor. That action is pending. Status: 08/12/2008-Senate amendments concurred in. To enrollment. (Ayes 53. Noes 19. Page 6323.) SBX2 1 (Perata) Water quality, flood control, water storage, and wildlife preservation. (E-09/03/2008) Summary: The Integrated Regional Water Management Planning Act of 2002 authorizes a regional water management group, as defined, to prepare and adopt a regional water plan meeting specified requirements. This bill would repeal these provisions of law and enact the Integrated Regional Water Management Planning Act. Regional water management groups, as defined, would be authorized to prepare and adopt integrated regional water management plans meeting specified requirements. This bill contains other related provisions and other existing laws. Note: MWD supports. About 60 percent of the funds appropriated in this bill are for flood protection related activities, and another 15-20 percent is for projects that protect or improve drinking water quality. The bill also funds completing the CalFed surface storage feasibility studies and environmental documents, improving regional water planning and groundwater management, and restoring critical environmental resources. While acknowledging that the bill funds worthwhile actions, DWR opposes the bill because it is not part of a "comprehensive approach to addressing California's water needs, which must include surface storage as a component to address future impacts on water availably due to climate change and population." Another bill not being sent to the Governor at this time. Status: 08/31/2008-In Senate. To unfinished business. Unanimous consent granted to consider without reference to file. Senate concurs in Assembly amendments. (Ayes 24. Noes 12. Page 88.) To enrollment. 4 YEAR-TO-DATE REPORT YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2007-2008 YEAR-TO-DATE REPORT FROM 07-01-2007 TO 06-30-2008 ARMSTRONG BEVERAGE REGULAR MEETINGS ATTENDED 21 24 COMMITTEE MEETINGS ATTENDED 25 47 OFF SITE MEETINGS ATTENDED 8 3 TOTAL MEETINGS ATTENDED YTD 54 74 DIRECTOR FEES YTD $8,100 $11,100 MEETING FEES BUDGET YTD $11,900 $11,900 TRAVEL & CONFERENCES EXPENSES YTD $1,752 $0 TRAVEL & CONFERENCE BUDGET YTD $2,140 $2,140 DIRECTORS FEES & EXPENSES YTD $9,852 $11,100 FEES & EXPENSES BUDGET YTD $14,040 $14,040 GEN MGR EXPENSES YTD GEN MGR TRAVEL CONF. BUDGET YTD TOTAL FEES & EXPENSES YTD $9,852 $11,100 TOTAL FEES & EXPENSES BUDGET YTD $14,040 $14,040 COLETT MILLS SUMMERFIELD SUB-TOTAL PAYNE TOTAL 24 23 25 117 31 27 29 159 3 22 10 46 58 72 64 322 322 $8,700 $10,800 $9,600 $48,300 $48,300 $11,900 $11,900 $11,900 $59,500 $59,500 $0 $4,953 $0 $6,705 $6,705 $2,140 $2,140 $2,140 $10,700 $10,700 $8,700 $15,753 $9,600 $55,005 $55,005 $14,040 $14,040 $14,040 $70,200 $70,200 $6,929 $6,929 $7,448 $7,448 $8,700 $15,753 $9,600 $55,005 $6,929 $61,934 $14,040 $14,040 $14,040 $70,200 $7,448 $77,648 m C O Quarter-To-Date Report YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2007-2008 4TH QUARTER REPORT FROM 04-01-2008 TO 06-30-2008 ARMSTRONG BEVERAGE COLLETT MILLS SUMMERFIELD SUB-TOTAL PAYNE TOTAL REGULAR MEETINGS ATTENDED 6 7 7 7 8 35 COMMITTEE MEETINGS ATTENDED 5 13 9 7 7 41 OFF SITE MEETINGS ATTENDED 6 1 1 6 2 16 SPECIAL MEETINGS ATTENDED 0 TOTAL MEETINGS ATTENDED QTD 17 21 17 20 17 92 92 DIRECTOR FEES QTD $2,550 $3,150 $2,550 $3,000 $2,550 $13,800 $13,800 MEETING FEES BUDGET QTD $2,975 $2,975 $2,975 $2,975 $2,975 $14,875 $14,875 TRAVEL & CONF. EXPENSES QTD $1,727 $0 $0 $1,809 $0 $3,536 $3,536 TRAVEL & CONF. BUDGET QTD $535 $535 $535 $535 $535 $2,675 $2,675 DIR.FEES AND EXPENSES QTD $4,277 $3,150 $2,550 $4,809 $2,550 $17,336 $17,336 FEES AND EXPENSES BUDGET QTD $3,510 $3,510 $3,510 $3,510 $3,510 $17,550 $17,550 GEN MGR EXPENSES QTD $2,764 $2,764 GEN MGR TRAVEL/CONF. BUDGET QTD $1,862 $1,862 TOTAL FEES & EXPENSES QTD $4,277 $3,150 $2,550 $4,809 $2,550 $17,336 $2,764 $20,100 TOTAL FEES & EXPENSES BUDGET QTI $3,510 $3,510 $3,510 $3,510 $3,510 $17,550 $1,862 $19,412 DIRECTORS RECAP OF TRAVEUCONFERENCE EXPENSES April - June 2008 GL Trip Trip Trip Reimbursable expenses paid by YLWD Director date date name location Meals Lodging Travel Conf. fee Misc Total trip Total Armstrong 5/22/2008 05/08 ACWA 2008 spring conf Monterey $607 $459 $570 $91 $1,727 $0 $1,727 Beverage $0 $0 $0 Collett $0 $0 Mills 5/3012008 05/08 ACWA 2008 spring conf Monterey $858 $366 $540 $45 $1,809 $0 $0 $1,809 Summerfield $0 $0 $0 Total directors $0 $1,465 $825 $1,110 $136 $3,536 $3,536 General Manaqer Payne 5/30/2008 05/08 ACWA 2008 spring conf Monterey $219 $1,136 $577 $540 $93 $2,565 4/16/2008 04/08 Various business lunches Local $199 $199 $0 $0 $2,764 Total GM $418 $1,136 $577 $540 $93 $2,764 $2,764 Total directors & GM $418 $2,601 $1,402 $1,650 $229 $6,300 $6,300 Assistant General Manager Vecchiarelli 5/30/2008 05/08 ACWA 2008 spring conf Monterey 6 352 162 540 2 1,062 1,062 YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: July Matter Name CONSTRUCTION CONTRACTS PROPERTY TAX ALLOCATION OCWD ANNEXATION RICHFIELD S&S PREANNEXATION RWQCB LAKEVIEW RESERVOIR RED STAR OIL WELL NON-CONSTRUCTION AGREEMENTS CELL TOWER PROP. 218 YLHS BOD PROCEDURES GRANDVIEW SEWER DEVILLE SEWER EASEMENT CURRENT FISCAL YEAR 2008-2009 Matter Date Task Order Current Billing Total Billed to Date Total Billed 2007-2008 Number Opened Amount July 28, 2008 Current Fiscal Year Prior Fiscal Year 002 7/31/2007 N/A $975.50 $11,878.68 $0.00 30 7/31/2005 N/A $137.50 $8,628.70 $0.00 040 1/13/1994 N/A -$1,720.00 $11,212.50 $42,270.72 042 1/22/2003 N/A $0.00 $137.50 $24,900.85 071 5/29/2001 $30,000.00 $0.00 $0.00 $2,015.00 073 $636.21 $2,491.21 081 3/2/2005 $20,000.00 $0.00 $8,312.43 $25,733.29 083 4/4/2005 $7,500.00 $0.00 $12,973.14 $12,034.23 084 4/5/2005 $11,000.00 $1,775.00 $10,082.25 $2,397.00 085 7/28/2006 $15,000.00 $0.00 $442.50 $20,980.40 087 7/31/2006 $10,000.00 $9,025.00 $16,718.50 $14,978.00 088 9/7/2006 $25,000.00 $0.00 $6,750.09 $17,452.50 089 3/27/2006 $5,000.00 $4,125.00 $7,382.10 $2,925.00 091 5/30/2007 $10,000.00 $0.00 $0.00 092 4/12/2007 $5,000.00 $0.00 $0.00 $19,799.11 M 3 Z 0 TOTAL Matter Matter Name Number Date Task Order Opened Amount Current Billing July 28, 2008 $14,954.21 Total Billed to Date Total Billed 2007-2008 Current Fiscal Year $97,009.60 Prior Fiscal Year $185,486.10 YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: August Matter Name CONSTRUCTION CONTRACTS PROPERTY TAX ALLOCATION OCWD ANNEXATION RICHFIELD S&S PREANNEXATION RWQCB LAKEVIEW RESERVOIR RED STAR OIL WELL NON-CONSTRUCTION AGREEMENTS CELL TOWER PROP. 218 YLHS BOD PROCEDURES GRANDVIEW SEWER DEVILLE SEWER EASEMENT CURRENT FISCAL YEAR 2008-2009 Matter Date Task Order Current Billing Total Billed to Date Total Billed 2007-2008 Number Opened Amount August 26, 2008 Current Fiscal Year Prior Fiscal Year 002 7/31/2007 N/A $0.00 $11,878.68 $0.00 30 7/31/2005 N/A $0.00 $8,628.70 $0.00 040 1/13/1994 N/A -$1,720.00 $11,212.50 $42,270.72 042 1/22/2003 N/A $0.00 $137.50 $24,900.85 071 5/29/2001 $30,000.00 $0.00 $0.00 $2,015.00 073 $0.00 $2,491.21 081 3/2/2005 $20,000.00 $870.00 $9,182.43 $25,733.29 083 4/4/2005 $7,500.00 $0.00 $12,973.14 $12,034.23 084 4/5/2005 $11,000.00 $10,245.00 $20,327.25 $2,397.00 085 7/28/2006 $15,000.00 $0.00 $442.50 $20,980.40 087 7/31/2006 $10,000.00 $415.00 $17,133.50 $14,978.00 088 9/7/2006 $25,000.00 $960.00 $7,710.09 $17,452.50 089 3/27/2006 $5,000.00 $4,595.00 $11,977.10 $2,925.00 091 5/30/2007 $10,000.00 $0.00 $0.00 092 4/12/2007 $5,000.00 $0.00 $0.00 $19,799.11 Matter Matter Name Number Date Task Order Opened Amount Current Billing August 26, 2008 Total Billed to Date Total Billed 2007-2008 Current Fiscal Year Prior Fiscal Year TOTAL $15,365.00 $114,094.60 $185,486.10 ITEM NO. AGENDA REPORT Board Meeting Date: March 13, 2008 To: Board of Directors From: Michael A. Payne, General Manager Staff Contact: Same Reviewed by General Counsel: No Budgeted: Yes Total Budget: $ 43,600 Funding Source: Water Operating Fund CEQA Account No: 121780 Job No: Compliance: N/A Estimated Costs: $ 37,000 Dept: Admin Subject: 2 Year extension to the Professional Services Agreement with Sacramento Advocates, Inc. SUMMARY: Sacramento Advocates, Inc. represents the District's interests as a lobbyist before the California Legislature, the Governor's office and any and all agencies and departments of the state on an as needed basis. The two year contract with Sacramento Advocates, Inc. has expired. DISCUSSION: With the current financial condition of the State of California, the continuous threat of keeping the District's share of the ad valorem property taxes and the history of the State passing down unfunded mandates on agencies such as ours, it is important the District remain active and have representation in Sacramento to protect the interests of the District's customers. Sacramento Advocates, Inc. has agreed to keep the same rates and terms for the next two years. The retainer fee for such services is $3,000 per month with reimbursement of actual out- of-pocket expenses, which is approximately $500 per year. PRIOR RELEVANT BOARD ACTION(S): Sacramento Advocates has provided legislative analysis and lobbying services to the District since 1997. The current extension to the professional services agreement with Sacramento Advocates, Inc. was approved by the Board of Directors on March 1, 2005. STAFF RECOMMENDATION: That the Board of Directors approves a two year extension to the Professional Services Agreement with Sacramento Advocates, Inc. with an effective date of March 13, 2008. COMMITTEE RECOMMENDATION: The Executive-Administrative-Organizational Committee reviewed this issue at their meeting on February 20, 2008. ~~l O Z 2 w I.- PROGRAM OR FUNDING FUNDING CURRENT STATUS CURRENT ACTIVITIES OPPORTUNITY AMOUNT Current Opportunities Pendine: FY 09 Federal Total request in Appropriation form Appropriations - FY 09: $1.6 submitted to Congressman Highland Reservoir million Miller's office and pending Replacement Project subcommittee markup, which is not likely to occur until after the November election. TPA continues to advocate with Miller's D.C. and District offices, and with the Congressman himself on this request. We are also working with Congressman Calvert's office in support of the request given his appropriations committee position. FY 2010 - Water Resources Development Act (WRDA) Call for Projects Proposition 50 - Dept. of Public Health Grant Program - Non potable Irrigation Project TBD WRDA forms for the Bryant Ranch Non-potable Irrigation System were submitted to both Congressman Miller and Senator Boxer. Total request in FY 08: $500,000 Proposition 50- Dept. Total request in of Public Health Grant FY 08: $380,000 Program - Well Head No. 15, Removal of Arsenic and Maganese This pre-proposal grant was submitted in November 2007. DPH has not released a list of applicants who will be invited back for the full proposal round. This pre-proposal grant was submitted in November 2007. DPH has not released a list of applicants who will be invited back for the full L round. Senator Boxer's Environment and Public Works staff is finalizing the collection of forms and the official reauthorization process will begin sometime in early 2009 TPA continues to monitor DPH's release of those applications that will be invited back to submit for the full proposal round. TPA continues to monitor DPH's release of those applications that will be invited back to submit in the full proposal round. UPDATE on summer recess and will return after the Labor Day holiday to resume work. 9/12 - Congressman Miller's call for WRDA projects occurred in May 2008, Senator Boxer's form was just due on September 12th. TPA submitted the Boxer form on September 9th 8/25- TPA is prepared to assist with the writing of the full proposal should YLWD be invited to participate. 8/25- TPA is prepared to assist with the writing of the full proposal should YLWD be invited to participate. a~ of Water Resources Water Use Efficiency Grant Program Proposition 84 - Integrated Regional Water Management Program Proposition 84 - Park Funding currently updating the guidelines. TBD- DWR is planning on sending out draft guidelines for public comment late summer 2008. TBD- The Dept. of Parks and Recreation has not issued the grant guidelines for this program because of the ongoing state budget negotiations. submission grant is unknown at this point. There are two planning processes occurring that YLWD has the opportunity to be included in. The first is the SAWPA One Watershed process. The second is the County of Orange's North County IRWMP. YLWD staff has identified a number of reservoirs that could be recovered with synthetic turf for city and school district recreational use. to decide on an appropriate project application for this opportunity. TPA is working with YLWD staff to be included in both of the planning processes, and determine eligible projects for submission into the plans. As described in past updates, these competitive grants will commence once the Legislature appropriates funding in the budget. TPA has been in close contact with Senate and Assembly budget leadership, including Senate President Don Perata and Speaker Karen Bass and their respective staffs to advocate for appropriation of these funds. The budget update below provides additional information on the progress of the overall budget. proposal application was due on August 20th, but DWR is reworking the guidelines and has not yet determined when the applications will be due. 8/25- Attached to this document is DWR's pre- draft guidelines for review. This have not been finalized and the public comment period has not yet opened. 8/25- There is no new information on this item pending the ongoing budget deliberations. ITEM NO. C (D RESOLUTION NO 07-11 Af,~, r(,l RESOLUTION OF THE BOARD OF DIRECTORS Q" OF THE YORBA LINDA WATER DISTRICT MODIFYING DISTRICT PURCHASING POLICY AND RESCINDING RESOLUTION NO. 02-01 WHEREAS, the District established a Purchasing Policy by adopting Resolution 88-12 on March 24, 1998; and WHEREAS, the District modified the Purchasing Policy by rescinding Resolution 88-12 and adopting Resolution 91-13 on May 16, 1991; and WHEREAS, the District modified the Purchasing Policy by rescinding Resolution 91-13 and adopting Resolution 02-01 on June 13, 2002; and WHEREAS, from time to time it is necessary to review the Purchasing Policy and to make modifications that reflect current District policies and economic conditions. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Yorba Linda Water District shall establish the following policies: Section 1: Procurement Policy The following standards and procedures will be used for the acquisition or leasing of personal property; repair or modification of District equipment or structures; or obtaining labor, materials, services or supplies as identified in the budget: Dollar Amount Procedure Agoroval $0-5,000 1 Written Quote Dept. Manager $5,001-$25,000 2 Written Quotes Dept. Mgr/Asst. GM $25,001-$75,000 3 Written Quotes General Manager >$75,001 Competitive Bid Board of Directors Section 2: Capital Projects Policy The following standards and procedures will be used for fire hydrants, water mains, reservoirs, etc. as identified in the budget: Dollar Amount $0-$25,000 $25,001-$100,000 >$100,001 Procedure 2 Written Quotes 3 Written Quotes Competitive Bid 62oroval Dept. Manager General Manager Board of Directors Section 3: Change Order Policy The following standards and procedures will be used for capital projects where the change order does not alter project completion time: Dollar Amount Procedure Approval 5% of Project Cost Notify GM Dept. Mgr/Asst. GM $0450,000 Notify GM Dept. Mgr/Asst. GM 10% of Project Cost Notify BOD GM $0-$75,000 Notify BOD GM $75,001 and over Notify BOD BOD >10%of Project Cost Notify BOD BOD Section 4: Contractual Services Policy The following standards and procedures will be used for professional services such as engineering consultant, legal counsel, auditors, etc as identified in the budget. Dollar Amount $0-$5,000 $5,001-$25,000 $25,001-$75,000 >$75,001 Procedure 1 Written Quote 2 Written Quotes 3 Written Quotes Competitive Bid Approval Dept. Mgr Dept. Mgr/Asst. GM GM BOD Section 5: Emergency Policy The following standards and procedures will be used in emergency situations: Dollar Amount Procedure 62oroval $0-$100,000 Next or Special Mtg. GM >$100,001 Next or Special Mtg. BOD Requirement: Those events which require immediate extraordinary action to protect the public health, safety, welfare and property. Ratification by the Board at the next meeting or the earliest special meeting that can be called. *In all cases where notification is required, a written memo shall be provided stating the reasons for the approval by the designee. Section 6 Effective: The Purchasing Policy adopted herein shall take effect immediately upon adoption of this Resolution. Section 7 Rescinding: That Resolution No. 02-01 and conflicting Minute Orders are hereby rescinded upon adoption of this resolution. PASSED AND ADOPTED this 28`h day of June, 2007 by the following called vote: AYES: NOES; ABSENT: ABSTAIN: President, Ric Collett Yorba Linda Water District Secretary, Michael A. Payne Yorba Linda Water District Yorba Linda Water District 2007109 Fiscal Years Budget Budget Authority Guidelines The following budget authority guidelines are implemented for use in the administration of this budget: Board of Directors approval is required for expenditures from reserves. Expenditures for such variable cost components as purchased water, energy and replenishment assessments are exempt from this guideline. 1. Adopting the budget provides the authority for the staff to proceed with programs, activities, purchases and capital projects within the limits of the cash flow and purchasing policy resolution. 2. Significant program changes or service level changes require approval by the Board of Directors. 3. Board approval is required for transferring funds between department budgets. 4. General Manager's approval is required for transferring funds within a department budget. 5. Financial statements will be posted on a monthly basis and a summary presented for consideration by the Board of Directors. 6. Payment of invoices, payroll, refunds and wires are presented to the Board of Directors for consideration at each regular Board meeting. 7. The budget reflects labor agreements approved by the Board of Directors. 8. Resolutions adopted by the Board of Directors are required for authorizing positions in the service of the District and setting salary ranges for those authorized positions. 9. The General Manager is authorized to use savings from vacant authorized positions to retain contract labor to meet District personnel needs. 10. The General Manager is authorized to fill an authorized position that is vacated during the term of this budget with a new employee at a lower or equal classification. 11. Nine percent of selected supplies and services, and salaries and benefits are allocated to the sewer operating fund. 12. Fourteen percent of all employee's salaries and benefits, excluding the operations department personnel, and all direct charges by engineering personnel are allocated to capital projects. Salaries and benefits charged directly to capital projects (by way of job number) are exempt from this allocation. 13. Equipment purchases of $5,000 or less will be expensed, not depreciated.