Agenda Pledge of Allegiance Roll Call
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AGENDA REGULAR MEETING BOARD OF DIRECTORS ORANGE COUNTY WATER DISTRICT 18700 Ward Street, Fountain Valley, CA (714) 378-3200 Wednesday, April 17, 2019 – 5:30 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ITEMS RECEIVED TOO LATE TO BE AGENDIZED RECOMMENDATION: Adopt resolution determining need to take immediate action on item(s) and that the need for action came to the attention of the District subsequent to the posting of the Agenda (requires two-thirds vote of the Board members present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.) VISITOR PARTICIPATION Time has been reserved at this point in the agenda for persons wishing to comment for up to three minutes to the Board of Directors on any item that is not listed on the agenda, but within the subject matter jurisdiction of the District. By law, the Board of Directors is prohibited from taking action on such public comments. As appropriate, matters raised in these public comments will be referred to District staff or placed on the agenda of an upcoming Board meeting. At this time, members of the public may also offer public comment for up to three minutes on any item on the Consent Calendar. While members of the public may not remove an item from the Consent Calendar for separate discussion, a Director may do so at the request of a member of the public. 1. PUBLIC HEARING TO CONSIDER FISCAL YEAR 2019-20 REPLENISHMENT ASSESSMENTS, BASIN EQUITY ASSESSMENT, BASIN PRODUCTION PERCENTAGE, PRODUCTION REQUIREMENT LIMITATION AND SURCHARGE RECOMMENDATION: Adopt resolutions as follows: 1) Resolution A – Finding and Determining a Groundwater Basin Overdraft Exists -- (requires 6 votes) 2) Resolution B – Levying a Replenishment Assessment of $243.50/acre-foot for Water Produced During Water Year 2019- 20 - (requires 6 votes) 3) Resolution C – Levying an Additional Replenishment Assessment of $243.50/acre-foot and a Fixed Charge Replenishment Assessment of $487 for Water Produced During Water Year 2019-20, and Determining the RA and ARA are exempt from CEQA - (requires 8 votes) 4) Resolution D – Establishing the Basin Production Percentage at 77%, Establishing a Production Limitation of 100% and Surcharge of $2,000/acre-foot and Determining the Need and Desirability to Levy Basin Equity Assessments and Amount Thereof, and determining the BPP, BEA and Limitations are exempt from CEQA - (requires 8 votes) CONSENT CALENDAR (ITEMS NO. 2 - 12) All matters on the Consent Calendar are to be approved by one motion, without separate discussion on these items, unless a Board member or District staff request that specific items be removed from the Consent Calendar for separate consideration. 2. APPROVAL OF CASH DISBURSEMENTS RECOMMENDATION: Ratify/authorize payment of bills 3. APPROVAL OF MINUTES OF BOARD OF DIRECTORS MEETING HELD MARCH 20, 2019 RECOMMENDATION: Approve as presented ITEMS RECOMMENDED FOR APPROVAL AT COMMUNICATION AND LEGISLATIVE LIAISON COMMITTEE MEETING HELD APRIL 4, 2019 (ITEMS NO. 4) 4. STATE LEGISLATIVE UPDATE RECOMMENDATION: 1) Adopt the following positions on legislation: Bill Number Topic Recommendation AB 1180 (Friedman) Recycled Water Support AB 533 (Holden) Water Conservation Tax Parity Support AB 1486 (Ting) Local Agencies - Surplus Land Oppose Unless Amended SB 204 (Dodd) State Water Project - Contracts Oppose Unless Amended AB 441 (Eggman) Groundwater – Beneficial Use Watch AB 217 (E. Garcia) Safe Drinking Water for All Oppose Unless Amended AB 756 (C. Garcia) Public Water Systems Oppose 2) Adopt an Orange County Water District resolution to support legislative and funding alternatives to a state water tax. ITEMS RECOMMENDED FOR APPROVAL AT WATER ISSUES COMMITTEE MEETING HELD APRIL 10, 2019 (ITEMS NO. 5 – 8) 5. AGREEMENT TO BEST CONTRACTING SERVICES, INC. TO REPLACE THE ROOF ON THE FIVE COVES RUBBER DAM BUILDING RECOMMENDATION: Authorize issuance of Agreement to Best Contracting Services Inc. in the amount of $22,469 to replace the roofs on the Five Coves Rubber Dam control building and generator building 6. POTENTIAL ADDITIONAL METROPOLITAN WATER DISTRICT IN-LIEU WATER PURCHASES RECOMMENDATION: Authorize staff to take an additional $43.9 million of MWD imported water and execute a new Cyclic Program Letter Agreement with MWD and MWDOC detailing the delivery and payment for the water 2 7. SANTA ANA RIVER CONSERVATION AND CONJUNCTIVE USE PROGRAM: CONSIDER ENVIRONMENTAL IMPACT REPORT, AUTHORIZE EXECUTION OF OCWD- SAWPA SUBGRANTEE AGREEMENT, ESTABLISH PROJECT BUDGET, AND AUTHORIZE EXECUTION OF AGREEMENT WITH SAWA TO CONDUCT ARUNDO REMOVAL WORK RECOMMENDATION: Adopt resolution which includes the following key actions: 1) The Board of Directors finds that the Final SARCCUP EIR has been completed in compliance with CEQA and the State CEQA Guidelines. The Board of Directors, having approval authority as a designated Responsible Agency, considers the Final EIR as complete and adequate; 2) SARCCUP, as described in the Final EIR approved and certified by IEUA as lead agency, is hereby approved by the District; and, 3) Authorize the General Manager to execute OCWD-SAWPA Subgrantee Agreement; 4) Establish a Santa Ana River Conservation and Conjunctive Use Program Arundo Donax removal budget of $3,728,898; and; 5) Authorize the General Manager to execute agreement with Santa Ana Watershed Association (SAWA) to conduct SARCCUP Arundo Donax removal work 8. PROPOSED STUDY OF GARTER SNAKE IN THE PRADO BASIN RECOMMENDATION: Authorize and approve execution of an agreement with Merkel and Associates for study of the Garter Snake in the Prado Basin for an amount not to exceed $40,000 ITEMS RECOMMENDED FOR APPROVAL AT ADMINISTRATION AND FINANCE ISSUES COMMITTEE MEETING HELD APRIL 11, 2019 (ITEMS NO. 9 - 12) 9. MONTHLY CASH CONTROL REPORT RECOMMENDATION: Receive and file Summary Cash and Cash Equivalents Control Reports dated March 31, 2019 10. INVESTMENT PORTFOLIO HOLDINGS REPORTS RECOMMENDATION: Receive and file the Investment Portfolio Holdings Reports dated March 31, 2019 11. ADDITIONAL FUNDS FOR WATER PRODUCTION R&R FUND 18003 RECOMMENDATION: Authorize issuance of additional funds in the amount of $200,000 to the Water Production Refurbishment and Replacement account R18003 3 12. PFAS COMMUNICATIONS OUTREACH PLAN RECOMMENDATION: Authorize a contract with the RW Jones Agency, not to exceed $28,000, to create and implement a PFAS Communications Outreach Plan END OF CONSENT CALENDAR MATTERS FOR CONSIDERATION 13. PROPOSED FISCAL YEAR 2018-19 BUDGET RECOMMENDATION: Approve the proposed FY2019-20 Budget INFORMATIONAL ITEMS 14. STATE ORDERS TO SELECT GROUNDATER PRODUCERS FOR REQUIRED MONITORING OF PFOA AND PFOS 15. SANTA ANA WATERSHED PROJECT AUTHORITY ACTIVITIES 16. WATER RESOURCES SUMMARY 17. COMMITTEE/CONFERENCE/MEETING REPORTS ► April 04 - Communication and Legislative Liaison Committee - (Chair Green) ► April 08 - GWRS Steering Committee - (Vice Chair Yoh) ► April 10 - Water Issues Committee - (Chair Green) ► April 11 - Administration and Finance Issues Committee - (Chair Dewane) ► Reports on Committees/Conferences/Meetings Attended at District Expense 18. VERBAL REPORTS . PRESIDENT'S REPORT . GENERAL MANAGER'S REPORT . DIRECTORS’ REPORTS . GENERAL COUNSEL REPORT RECESS TO CLOSED SESSION ● CONFERENCE WITH REAL PROPERTY NEGOTIATOR [Government Code Section 54956.8] Real property located at: Parcels (2) 253-451-04 – 14971 East Ball Road, Anaheim, CA 92806 253-451-07 – 14893 East Ball Road, Anaheim, CA 92806 OCWD negotiator: Michael Markus Negotiating parties: Majestic Realty Company; and SunCal Under negotiation: Price and Terms RECONVENE IN OPEN SESSION ADJOURNMENT 4 Agenda Posting: In accordance with the requirements of California Government Code Section 54954.2, this agenda has been posted in the main lobby of the Orange County Water District, 18700 Ward Street, Fountain Valley, CA and on the OCWD website: www.ocwd.com not less than 72 hours prior to the meeting date and time above. All written materials relating to each agenda item are available for public inspection in the office of the Assistant District Secretary. Backup material for the Agenda is available at the District offices for public review and can be viewed online at the District’s website: www.ocwd.com. Accommodations to the Disabled: Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the District Secretary at (714)378-3233, by email at [email protected] by fax at (714) 378-3373. Notification 24 hours prior to the meeting will enable District staff to make reasonable arrangements to assure accessibility to the meeting. Availability of Agenda Material: As a general rule, agenda reports or other written documentation that has been prepared or organized with respect to each item of business listed on the agenda can be reviewed at www.ocwd.com. Copies of these materials and other disclosable public records distributed to all or a majority of the members of the Board of Directors in connection with an open session agenda item are also on file with and available for inspection at the Office of the District Secretary, 18700 Ward Street, Fountain Valley, California, during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday. If such writings are distributed to members of the Board of Directors on the day of a Board meeting, the writings will be available at