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HomeMy WebLinkAbout2016-05-23 - Citizens Advisory Committee Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT CITIZENS ADVISORY COMMITTEE MEETING Monday, May 23, 2016, 8:30 AM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE MEMBERS Lindon Baker Carl Boznanski Rick Buck Bill Guse Fred Hebein Joe Holdren Modesto Llanos Cheryl Borden 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 three minutes. 4. 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. 4.1. Governor's New Executive Order and Updated Conservation Regulations 4.2. Conservation Update and Monthly Water Supply Report 4.3. Director's Report 4.4. Future Agenda Items 5. ADJOURNMENT 5.1. The next Citizens Advisory Committee meeting is scheduled to be held Monday, June 27, 2016 at 8:30 a.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. 4.1 AGENDA REPORT Meeting Date: May 23, 2016 To:Citizens Advisory Committee From:Marc Marcantonio, General Manager Presented By:Damon Micalizzi, Public Information Manager Prepared By:Damon Micalizzi, Public Information Manager Subject:Governor's New Executive Order and Updated Conservation Regulations SUMMARY: On Monday, May 9, Governor Jerry Brown issued Executive Order B-37-16 (attached), which makes several water conservation and drought protection measures permanent. This order is an important reminder that California remains in its historic drought. Among its provisions, it will permanently prohibit specific water uses relevant to cities, namely irrigating public medians with domestic water. It also continues indefinitely monthly water usage reports from water providers, including city-owned utilities, to the State Water Resources Control Board (State Board). The State Board took written comment (included in this report) and testimony pertaining to Conservation Regulations moving forward, of which YLWD provided both. On May 18, the State Board considered amending the current conservation regulations to allow for more flexibility for areas where supply issues are not as dire. ATTACHMENTS: Name:Description:Type: 5.9.16_Executive_Order.pdf Executive Order 5.9.16 Backup Material 2016-05-12_-_Correspondence_-_SWRCB.pdf YLWD Comment Letter Backup Material LA_Times_New_Article.pdf News Article Backup Material 'X X ����riz�iur �>e�ttr#mend Mato of Lralifurnia EXECUTIVE ORDER B-37-16 MAKING WATER CONSERVATION A CALIFORNIA WAY OF LIFE WHEREAS California has suffered through a severe multi-year drought that has threatened the water supplies of communities and residents, devastated agricultural production in many areas, and harmed fish, animals and their environmental habitats; and WHEREAS Californians responded to the drought by conserving water at unprecedented levels, reducing water use in communities by 23.9% between June 2015 and March 2016 and saving enough water during this period to provide 6.5 million Californians with water for one year; and WHEREAS severe drought conditions persist in many areas of the state despite recent winter precipitation, with limited drinking water supplies in some communities, diminished water for agricultural production and environmental habitat, and severely- depleted groundwater basins; and I { WHEREAS drought conditions may persist in some parts of the state into 2017 and beyond, as warmer winter temperatures driven by climate change reduce water supply held in mountain snowpack and result in drier soil conditions; and WHEREAS these ongoing drought conditions and our changing climate require California to move beyond temporary emergency drought measures and adopt permanent changes to use water more wisely and to prepare for more frequent and I persistent periods of limited water supply; and WHEREAS increasing long-term water conservation among Californians, improving water use efficiency within the state's communities and agricultural production, and strengthening local and regional drought planning are critical to California's resilience to drought and climate change; and WHEREAS these activities are prioritized in the California Water Action Plan, which calls for concrete, measurable actions that "Make Conservation a California Way of Life" and "Manage and Prepare for Dry Periods" in order to improve use of water in our state. �x x NOW, THEREFORE, I, EDMUND G. BROWN JR., Governor of the State of California, in accordance with the authority vested in me by the Constitution and statutes of the State of California, in particular California Government Code sections 8567 and 8571, do hereby issue this Executive Order, effective immediately. IT IS HEREBY ORDERED THAT: The orders and provisions contained in my January 17, 2014 Emergency Proclamation, my April 25, 2014 Emergency Proclamation, Executive Orders B-26-14, ( B-28-14, B-29-15, and B-36-15 remain in full force and in effect except as modified herein. j State agencies shall update temporary emergency water restrictions and transition to permanent, long-term improvements in water use by taking the following actions. USE WATER MORE WISELY 1. The State Water Resources Control Board (Water Board) shall, as soon as practicable, adjust emergency water conservation regulations through the end of January 2017 in recognition of the differing water supply conditions across the state. To prepare for the possibility of another dry winter, the Water Board shall also develop, by January 2017, a proposal to achieve a mandatory reduction in potable urban water usage that builds off of the mandatory 25% reduction called for in Executive Order B-29-15 and lessons learned through 2016. 2. The Department of Water Resources (Department) shall work with the Water Board to develop new water use targets as part of a permanent framework for urban water agencies. These new water use targets shall build upon the existing state law requirements that the state achieve a 20% reduction in urban water usage by 2020. (Senate Bill No. 7 (7th Extraordinary Session, 2009-2010).) These water use targets shall be customized to the unique conditions of each water agency, shall generate more statewide water conservation than existing requirements, and shall be based on strengthened standards for-. a. Indoor residential per capita water use-, b. Outdoor irrigation, in a manner that incorporates landscape area, local climate, and new satellite imagery data; c. Commercial, industrial, and institutional water use-, and d. Water lost through leaks. The Department and Water Board shall consult with urban water suppliers, local governments, environmental groups, and other partners to develop these water use targets and shall publicly issue a proposed draft framework by January 10, 2017. fix` x 3. The Department and the Water Board shall permanently require urban water suppliers to issue a monthly report on their water usage, amount of conservation achieved, and any enforcement efforts. ELIMINATE WATER WASTE 4. The Water Board shall permanently prohibit practices that waste potable water, such as: • Hosing off sidewalks, driveways and other hardscapes; • Washing automobiles with hoses not equipped with a shut-off nozzle; • Using non-recirculated water in a fountain or other decorative water feature; • Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and • Irrigating ornamental turf on public street medians. 5. The Water Board and the Department shall direct actions to minimize water system leaks that waste large amounts of water. The Water Board, after funding projects to address health and safety, shall use loans from the Drinking Water State Revolving Fund to prioritize local projects that reduce leaks and other water system losses. 6. The Water Board and the Department shall direct urban and agricultural water suppliers to accelerate their data collection, improve water system management, and prioritize capital projects to reduce water waste. The California Public Utilities Commission shall order investor-owned water utilities to accelerate work to minimize leaks. 7. The California Energy Commission shall certify innovative water conservation and water loss detection and control technologies that also increase energy efficiency. STRENGTHEN LOCAL DROUGHT RESILIENCE 8. The Department shall strengthen requirements for urban Water Shortage Contingency Plans, which urban water agencies are required to maintain. These updated requirements shall include adequate actions to respond to droughts lasting at least five years, as well as more frequent and severe periods of drought. While remaining customized according to local conditions, the updated requirements shall also create common statewide standards so that these plans can be quickly utilized during this and any future droughts. 9. The Department shall consult with urban water suppliers, local governments, environmental groups, and other partners to update requirements for Water Shortage Contingency Plans. The updated draft requirements shall be publicly released by January 10, 2017. 99 x >'c x 10.For areas not covered by a Water Shortage Contingency Plan, the Department shall work with counties to facilitate improved drought planning for small water suppliers and rural communities. IMPROVE AGRICULTURAL WATER USE EFFICIENCY AND DROUGHT PLANNING 11.The Department shall work with the California Department of Food and Agriculture to update existing requirements for Agricultural Water Management Plans to ensure that these plans identify and quantify measures to increase water efficiency in their service area and to adequately plan for periods of limited water supply. 12.The Department shall permanently require the completion of Agricultural Water Management Plans by water suppliers with over 10,000 irrigated acres of land. 13.The Department, together with the California Department of Food and Agriculture, shall consult with agricultural water suppliers, local governments, agricultural producers, environmental groups, and other partners to update requirements for Agricultural Water Management Plans. The updated draft requirements shall be publicly released by January 10, 2017. The Department, Water Board and California Public Utilities Commission shall develop methods to ensure compliance with the provisions of this Executive Order, including technical and financial assistance, agency oversight, and, if necessary, enforcement action by the Water Board to address non-compliant water suppliers. This Executive Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person. FURTHER DIRECT that as soon as hereafter possible, this order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this order. IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 9th day of May 2016. EDMUND G. BROWN JR. Governor of California ATTEST: ALEX PADILLA Secretary of State � x Yorba Linda Water District Independent, Reliable and Trusted Service kr More Than 100 Years May 12, 2016 Kathy Frevert Kathy.Frevert(a)waterboards.ca.gov State Water Resources Control Board 1001 1 St 24th Floor Sacramento CA 95814 RE: Comments May 18, 2016 Board Meeting (Conservation Extended Emergency Regulation) Dear Ms. Frevert: Yorba Linda Water District appreciates the opportunity to submit input on the Proposed Emergency Regulations, in response to the Governor's Executive Order B-37-16, extending the emergency regulations for urban water conservation through the end of January 2017. We are encouraged by the State Water Resources Control Board's (Water Board) willingness to receive comments throughout this declared emergency and we hope that this next round of analysis and amendments leads to a fair and reasonable blueprint to managing the State's water storage and delivery into the future. In the drinking water industry it is hard to avoid water analogies; so allow me to use a medical analogy instead. As you consider these regulations you may want to think of water agencies as patients in a medical facility. Each patient has a unique reason for needing medical attention. Some patients may need to make lifestyle changes. Some may be in peak physical condition, yet are only in need of routine checkups. The patients who are struggling with their health may need more attention and resources. The State should not dilute precious resources by trying to manage all 411 water patients (agencies), but instead should triage efforts to those who need it most. Most will get better through prescribed treatment and professional monitoring. A few may need surgery. One thing is certain however, all cannot be treated the same. It is apparent from the discussion at the April 20, 2016 Water Board Workshop that the State understands this. In Orange County and in the Metropolitan Water District Service Area, water agencies have worked incredibly hard and done remarkable things in the ways of conservation, investment in drought resiliency, and sustainable supply. In our region, our patients are healthy and we know what we must do to maintain and improve that health. 1717 E.Miralorna Avenue Placentia,CA 92870 71A-701- 000 714-701-30B Fax Yorba Linda Water District Independent, Reliable and Trusted Service kr More Than 100 Years K. Frevert May 12, 2016 Page 2 As you consider a conservation floor or minimum conservation level, we would encourage the Water Board to look no further than the 20x2020 goals as originally set back in 2009. With the Emergency Declaration in place, every agency in the State should presently be meeting that target. Yorba Linda Water District has been exceeding that conservation goal since the outset of the declared emergency. Using the baseline and targets set in Senate Bill X7 7 (2009), 20x2017 is a reasonable conservation floor and obtainable target during this extended regulation and a pathway to ensure statewide compliance by 2020. We thank you for the opportunity to submit these comments regarding potential changes to the emergency regulations and we remain a committed partner in finding solutions to water reliability in California. Sincerely, Marc Marcantonio General Manager CC: YLWD Ratepayers Orange County Water District, PO Box 8300, Fountain Valley CA 92728 Municipal Water District of Orange County, PO Box 20895, Fountain Valley CA 92728 1717 E.Miralorna Avenue Placentia,CA 92370 714-701-3000 714-701-3053 Fax W LOCAL /CALIFORNIA Yorba Linda legal fight turns nasty as residents seek to overturn water rate hike By Matt Stevens MAY 22, 2016, 6:00 AM ith its tract homes, expansive lots and rural soul, Yorba Linda exemplifies the sort of sleepy suburb that would coin the motto “Land of Gracious Living.” Recently, though, this upscale Orange County city of 66,000 has been anything but. Longtime residents are engaged in a legal brawl with their water provider, punctuated by vitriol and name-calling that some say reminds them of the 2016 presidential campaign. At issue is a $25-per-month rate hike that Yorba Linda Water District officials say was needed to keep the agency solvent after state-mandated water conservation blew a hole in its budget. A sign in Yorba Linda urges the recall of water board members who approved a $25 increase in water rates to make up for lost revenue under the state's emergency drought regulations. (Christina House / For The Times) Page 1 of 5Yorba Linda legal fight turns nasty as residents seek to overturn water rate hike ... 5/23/2016http://www.latimes.com/local/california/la-me-yorba-linda-water-rates-snap-story.... Backup Material Distributed Less Than 72 Hours Prior to the Meeting A group of residents said the sudden spike was much higher than necessary and collected enough signatures to put a referendum on the water rates before voters. The water district refused to back down and declared the referendum improper under the law. The residents sued. An Orange County Superior Court judge is expected to rule in June on whether customers can void a rate increase using this type of ballot measure. If these Yorba Linda residents get their way, the referendum will provide them with a new tool they can use to challenge rates more easily than under existing law. But the decision potentially carries far wider implications. If the Yorba Linda residents win, the case would embolden other customers across California to use a referendum any time officials propose a rate hike, legal experts and water watchers say. “It’s the road to disaster for utilities,” said Rob Hunter, general manager of the Municipal Water District of Orange County. “People would just say, ‘No, we don’t want to pay more money’ … [and] your rates roll back to what they were.” To the members of the Yorba Linda Taxpayers Assn., that’s the point. “We are fighting for our constitutional right ... for voters to be able to decide a water-rate increase,” said Ed Rakochy, the association’s community relations director. “This [water district] board believes that they serve themselves but not the customers. They serve us." For decades, the water district hummed along, collecting vast sums of money from residents who used lots of water on citrus groves and massive green lawns. That revenue helped cover the district's operating costs and drive down the flat fee charged for water service paid by all customers -- including those who used comparatively little water. But heavy consumption became taboo in the fourth year of California’s drought, and when Gov. Jerry Brown ordered hundreds of districts statewide to slash their water use, Yorba Linda's revenue model was suddenly threatened. State regulators told the district to slash its use by 36% from 2013 levels. “The public thinks water is free … but no one thinks about the infrastructure you need to get the water. That’s what you’re paying for. — Sanjay Gaur, vice president of Raftelis Financial Consultants Page 2 of 5Yorba Linda legal fight turns nasty as residents seek to overturn water rate hike ... 5/23/2016http://www.latimes.com/local/california/la-me-yorba-linda-water-rates-snap-story.... Backup Material Distributed Less Than 72 Hours Prior to the Meeting If their customers cut back that much, officials concluded that the district would lose approximately $9 million in fiscal year 2016. To help cover the gap, the district hastily raised the basic service charge from about $16 to $41. The taxpayer group collected protest letters in an effort to overturn the new water rates through the cumbersome process prescribed by Proposition 218, a 1996 law aimed at ensuring that voters approve all taxes and most charges levied on property owners. But the group did not get a majority of property owners to formally protest the water rates, as the law requires, so the increases took effect in October. About a month later, the residents submitted a referendum, which required far fewer signatures to move forward. The referendum petition, which the county registrar later certified, demanded that the district repeal the new rates or put them up to a vote. But the water district rejected the referendum, saying it was not valid under Proposition 218. By January, residents sued the district, asking a judge to order the water provider to honor the referendum. Two months later the taxpayers association began a campaign to recall two of the water district’s five board members. Two others are up for reelection in the fall. “People are being taken advantage of,” said Jeff Decker, chairman and co-founder of the taxpayers association. “How much is enough?” Over the last several months, the fight between the water district and some of its customers has become heated and personal. The district’s general manager said someone broke into his car and stole his work computer. A spokesman for the district produced a letter sent to his home in which “a group of concerned YLWD customers” threatened to “drop by.” On the taxpayer association’s Facebook page, a few residents called for a boycott of a local restaurant owned by one of the water district’s board members. “We’ve got an election coming and we can’t wait,” longtime resident Kent Ebinger said at a district board meeting in January. “If somebody has the word ‘incumbent’ next to his name, hell, he might as well have the name of a rapist or a child molester as far as I’m concerned.” Water district board members have returned fire, accusing the group of attempting to seize political power. "The land of gracious living is apparently no longer the land of gracious people,” the agency's attorney said at a public meeting. Page 3 of 5Yorba Linda legal fight turns nasty as residents seek to overturn water rate hike ... 5/23/2016http://www.latimes.com/local/california/la-me-yorba-linda-water-rates-snap-story.... Backup Material Distributed Less Than 72 Hours Prior to the Meeting In an interview, Marc Marcantonio, the water district’s general manager, invoked his actual wartime experience to describe the level of hostility. “I’m a big guy. I’ve been in the Army 23 years. ... I’ve endured a lot from the Vietnam era and everything else,” Marcantonio said. “But this has been the most insulting, toxic environment -- I just can’t believe what has transpired.” Thanks in large part to the drought and Brown’s executive order, the vast majority of California’s urban water suppliers have raised or are raising their water rates, officials say. As water sales decrease, most water agencies need to do what Yorba Linda did: increase their basic service charge to cover a larger share of their fixed costs, such as system maintenance and personnel. The fixed costs, experts say, make up the majority of a water district’s expenses and must be paid regardless of how much water customers use. “The public thinks water is free … but no one thinks about the infrastructure you need to get the water. That’s what you’re paying for,” said Sanjay Gaur, vice president of Raftelis Financial Consultants, which performed Yorba Linda’s recent rate study. As a result, many water district officials are watching the Yorba Linda case and worrying about its potential impacts on their own rate-making ability. Repealing water rate hikes through a referendum icould cause suppliers to default on debt obligations and go bankrupt, officials say. Nobody in Yorba Linda wants to hinder the water district's ability to deliver water, make capital improvements or perform other basic operations, Decker said. That, he added, "would be foolish.” But officials warn that too much cost cutting could even lead to consequences like those in Flint, Mich., which faces a contaminated-water crisis. “They got lower water rates,” said Ric Collett, president of Yorba Linda Water District's board. “Do you want that?” ALSO Tired of homelessness? Here are some opportunities to take action Public space: Shuttle tank delights big crowds during its ride through Los Angeles Page 4 of 5Yorba Linda legal fight turns nasty as residents seek to overturn water rate hike ... 5/23/2016http://www.latimes.com/local/california/la-me-yorba-linda-water-rates-snap-story.... Backup Material Distributed Less Than 72 Hours Prior to the Meeting Freeway miracle? Dog survives 5 weeks on highway median with a broken leg and no food or water Times researcher Scott Wilson contributed to this report. matt.stevens@latimes.com Twitter: @ByMattStevens Copyright © 2016, Los Angeles Times Page 5 of 5Yorba Linda legal fight turns nasty as residents seek to overturn water rate hike ... 5/23/2016http://www.latimes.com/local/california/la-me-yorba-linda-water-rates-snap-story.... Backup Material Distributed Less Than 72 Hours Prior to the Meeting