Board Room Rancho California Water District Winchester Road Temecula, California A G E N D A. September 17, :30 a.m.

Transcription

1 JOINT REGULAR MEETING OF THE PLANNING AND ADMINISTRATION COMMITTEE AND SPECIAL MEETING OF THE BOARD OF DIRECTORS OF THE RANCHO CALIFORNIA WATER DISTRICT Board Room Rancho California Water District Winchester Road Temecula, California ADDITIONS TO AGENDA A G E N D A September 17, :30 a.m. Items may be added to the Agenda in accordance with Section (b)(2) of the Government Code (Brown Act), upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the Rancho California Water District after the Agenda was posted. APPROVAL OF AGENDA PUBLIC COMMENT Any person may address the Committee at this time upon any subject not identified on this Agenda but within the jurisdiction of the Rancho California Water District. Please note that for items not listed on the agenda, the Brown Act imposes limitations on what the Committee may do at this time. The Committee may not take action on the item at this meeting. As to matters on the Agenda, persons will be given an opportunity to address the Committee when the matter is considered. If you wish to speak during public comment, please fill out a "Speaker Request Form" and give it to the Recording Secretary. When the Committee Chairman calls your name, please immediately step to the podium and begin by giving your name and address for the record. Each speaker will be given three (3) minutes to address the Committee.

2 Planning and Administration Committee Meeting Agenda September 17, 2015 Page 2 of 2 1. Consider Request for Approval of a Contract with the Santa Ana Watershed Project Authority for Implementing a Turf Removal Program 2. Consider Details Regarding RCWD Grant Program for Administering Santa Ana Watershed Project Authority Turf Removal Funding 3. Consider Approval of Second Amendment to Memorandum of Understanding for Integrated Regional Water Management Planning and Funding in the San Diego Sub-Region Funding Area 4. Consider Request for Approval to Award a Professional Services Agreement for the Vail Lake RV Resort Operating and Maintenance 5. Consider Alternative Method for Reconsidering Agricultural/Domestic Customer Tier 1 Allocations 6. Update on Drought Efforts 7. Update on State and Federal Lobbying Activities 8. Presentation on Human Resources Activities 9. Adjournment This Committee meeting is also noticed as a special meeting of the Board of Directors because a quorum of the Board may be present. Members of the Board who are not members of the Committee may attend and participate in the meeting, but only members of the Committee may make, second, or vote on any motion or other action of the Committee. Any actions taken pursuant to this agenda will be actions within the purview of the Committee and shall be approved by an affirmative vote of a majority of the quorum of the Committee. The Committee is not empowered to act for or on behalf of the Board or the District unless exercising delegated authority from the Board. Any actions taken by the Committee shall be deemed recommendations of the Committee for future consideration by the Board at a separately noticed regular or special meeting of the Board of Directors. The Board of Directors retains all powers, privileges, and duties to exercise and perform the business of the District. Upon request, this agenda will be made available in appropriate alternative formats to persons with disabilities, as required by Section 202 of the Americans with Disabilities Act of Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the District Secretary at (951) at least 48 hours before the meeting, if possible.

3 Planning and Administration Committee Meeting Agenda September 17, 2015 Page 3 of 2 Any writings or documents provided to a majority of the members of the Board of Directors regarding any item on this agenda will be made available for public inspection at the District s Administrative Headquarters Building located at Winchester Road, Temecula, California, during normal business hours. Board Members of the Rancho California Water District Planning and Administration Committee Roger Ziemer, Chairman Steve Corona, Member John Hoagland, Member Lisa Herman, Alternate Member

4 COMMITTEE ACTION PLANNING AND ADMINISTRATION COMMITTEE September 17, 2015 Page 1 of 15 ITEM 1: CONSIDER REQUEST FOR APPROVAL OF A CONTRACT WITH THE SANTA ANA WATERSHED PROJECT AUTHORITY FOR IMPLEMENTING A TURF REMOVAL PROGRAM RESPONSIBLE/LEAD STAFF MEMBER: Senior Water Resources Planner, Justin Haessly RECOMMENDATION: Staff requests the Planning and Administration Committee (Committee) recommend the Board of Directors (Board) authorize the Interim General Manager to execute a Grant Funding Contract substantially in the form attached with the Santa Ana Watershed Project Authority (SAWPA) in order for Rancho California Water District (RCWD/District) to receive $525,000 for implementing an Institutional and Homeowners Association (HOA) Turf Removal Program. DISCUSSION: On July 20, 2015, the California Department of Water Resources (DWR) and SAWPA entered into a Proposition 84 Integrated Regional Water Management Implementation Grant Agreement, for which $12,860,110 is to be disbursed by SAWPA to Sub-Grantees for implementation of an Interregional Landscape Water Demand Reduction Program (Program). The Program includes a variety of water demand reduction components, which are aimed at assisting water retailers with reducing outdoor water demands through Web-Based Consumption Reporting, Analytics and Customer Engagement Tools, Aerial Mapping, Implementation of Conservation-Based Rate Structures, and Turf Removal. As a sub-grantee to the Program, the District will be involved mainly in its turf removal component. By entering into the attached Grant Funding Contract, RCWD will receive $525,000 for removal of a minimum of 500,000 square feet of turf at properties owned and maintained by an HOA, institution, or public agency, whereby each individual property can receive no more than $250,000 in grant funds. Turf removal at these properties needs to be complete by June 30, 2018, and the designated required local cost share is $702,145. Staff sees no issues with meeting this timing deadline and

5 Planning and Administration Committee September 17, 2015 Item 1 Page 2 of 15 the cost-share requirement can be and already has been met through the implementation of past turf removal projects funded by Metropolitan Water District of Southern California. In terms of the administration of a turf removal program, the District has the freedom to implement it in the manner of its choosing, so long as it meets the aforementioned requirements. Staff s recommendation for the method of Program implementation is through a mini-grant program, which is described in this Committee meeting s subsequent agenda item. As the Integrated Regional Water Management Program lead agency for the Upper Santa Margarita Watershed (USMW), the District will, to a smaller degree, be involved in the Program s Web Based Water Consumption Reporting, Analytics and Customer Engagement, and Aerial Mapping Components of the Program. RCWD will not directly receive any funding for implementing these components of the Program, and its role will be limited to coordinating with SAWPA, Eastern Municipal Water District and Western Municipal Water District to ensure that grant funds spent on implementation of these components benefit the USMW. Of these components, the one that will benefit RCWD most will be the Aerial Mapping Project, which will result in the District gaining access to updated, very high-quality Geographic Information System imagery. ALTERNATIVES: Staff s analysis includes the following potential alternative: FISCAL ANALYSIS: Do not recommend to the Board that a grant funding contract be signed with SAWPA for implementation of a Turf Removal Project. RCWD s financial contribution to the implementation of a grant-funded turf removal program would come in the form of staff time, and would require no capital expenditures. ENVIRONMENTAL REQUIREMENTS: Not applicable EXHIBITS/ATTACHMENTS: SAWPA Grant Funding Agreement

6

7

8

9

10

11

12

13

14

15

16

17

18

19 COMMITTEE ACTION PLANNING AND ADMINISTRATION COMMITTEE September 17, 2015 Page 1 of 15 ITEM 2: CONSIDER DETAILS REGARDING RCWD GRANT PROGRAM FOR ADMINISTERING SANTA ANA WATERSHED PROJECT AUTHORITY TURF REMOVAL FUNDING RESPONSIBLE/LEAD STAFF MEMBER: Senior Water Resources Planner, Justin Haessly RECOMMENDATION: Staff requests the Planning and Administration Committee (Committee) discuss Rancho California Water District s (RCWD/District) administration and implementation of turf removal funding received through the Santa Ana Watershed Project Authority (SAWPA) for a District grant program. DISCUSSION: Proper administration of the $525,000 that will be awarded to RCWD for the implementation of a turf removal program will require a District grant program to be in place, whereby homeowner associations, institutions, and public agencies are eligible to apply for a $1 per square foot turf grant up to a maximum of $250,000 per project. Staff believes that the implementation of a grant program whereby the District has flexibility in choosing the sites that receive the funding can yield greater benefit to the District than a first-come-first-served rebate program. The details of the proposed RCWD grant program are described in the attached Grant Opportunity Announcement. Additional information is also provided in the attached Financial Assistance Agreement, which would be signed by the entities to whom RCWD would award grant funding through the proposed grant program. ALTERNATIVES: Staff s analysis includes the following potential alternative: 1) Do not implement a grant program for administration of turf removal funds received from SAWPA. FISCAL ANALYSIS: RCWD s financial contribution for the implementation of a grant-funded turf removal program would come in the form of staff time, and would require no capital expenditures.

20 Planning and Administration Committee September 17, 2015 Item 2 Page 2 of 15 ENVIRONMENTAL REQUIREMENTS: Not applicable EXHIBITS/ATTACHMENTS: Grant Opportunity Announcement Financial Assistance Agreement

21 2015 Grant Opportunity Announcement: Turf Removal Projects for Public Agencies & Homeowners Associations

22 Table of Contents Key Information. 3 Grant Opportunity Description 4 Award Information.. 4 Eligibility Information 4 Additional Information. 5 Application and Submission Information. 5 Application Review Information. 6 Award Administration Information. 6 Agency Contacts. 6 Application 7

23 Key Information Granting Agency Name: Rancho California Water District (RCWD) Grant Opportunity Title: Dates: Turf Removal Projects for Public Agencies & Homeowners Associations Application Due Date: Friday, October 16, 2015 at 5:00PM Pacific Standard Time Eligible Applicants: Public Agencies & Homeowners Associations Applicant Cost Share: No cost share is required by applicants. However, applicants are encouraged to apply for turf removal rebates through Metropolitan Water District of Southern California, if available. Funding Amount: The maximum funding amount available to applicants will be $1 per square foot of turf removed, not to exceed $250,000 per project. Estimated Amount of Funding Available for Award: A total of $525,000 is available through this Grant Opportunity Announcement. Estimated Number of Agreements to be Awarded: It is anticipated that between 3 and 10 grants will be awarded.

24 Grant Opportunity Description Rancho California Water District (RCWD), in partnership with the Santa Ana Watershed Project Authority (SAWPA) and the Department of Water Resources (DWR), invites Public Agencies and Homeowners Associations to leverage their money and resources by cost-sharing on turf removal projects to help mitigate the effects of California s historic drought. Award Information Total Project Funding Through a DWR grant awarded to SAWPA, RCWD is responsible for overseeing the implementation of $525,000 worth of turf removal projects. RCWD aims to gain as much benefit to the local water supply as possible through distribution of these funds. Grant Funding Limitations Grant funding for turf removal projects shall not exceed $1 per square foot of turf removed. A maximum of $250,000 will be awarded per proposed project. District Responsibilities Grants for turf removal projects will be awarded through financial assistance agreements. Involvement by RCWD in proposed turf removal projects that are awarded grants will include pre- and post-construction inspections, measurement of actual turf square footage removed, and general oversight of the recipient s activities to ensure that water conservation objectives are being achieved on schedule. Award Date RCWD expects to contact potential grant award recipients and unsuccessful applicants in November Within approximately one month of that date, financial assistance agreements will be awarded to successful applicants. Eligibility Information Public Agencies and Homeowners Associations that are customers of the Rancho California Water District are eligible to apply for this Grant Funding Opportunity. For turf removal projects that are awarded grant funding, the turf area that is removed must: Be owned by the Public Agency or Homeowners Association that is applying for funding Be at least 20,000 square feet in size Be replaced with new landscape that: o Does not include live turf or any turf-looking plants o Includes plants (not turf) o Is permeable to water and air. Areas that replace turf with concrete, structures, or other surfaces that water cannot move through are not eligible for funding o Meets the requirements of Rancho California Water District, and any other entity (i.e. City or HOA) with applicable legal authority. Must provide letters of approval from such agencies

25 o Complies with all applicable local laws, ordinances, and other restrictions It is permissible for the applicant to receive a turf rebate from Metropolitan in conjunction with this grant funding; however, the rebate must not have already been received prior to the execution of a financial assistance agreement. Additional Information 1. This Grant Opportunity Announcement is not an offer of funding. Those who wish to be considered for funding must meet all applicant and project eligibility requirements before submitting a project application, which will be evaluated by RCWD and either approved or denied based on specific project selection criteria. 2. All projects are subject to on-site inspections. 3. Projects awarded funding will be required to post signs at all turf removal project sites funded through MWD and/or this grant. Signs will provide appropriate acknowledgement of credit to the State, SAWPA and to all cost-sharing partners for their support. 4. Successful applicants waive and release RCWD, participating agencies, and their contractors or agents from any and all claims and causes of action arising out of the installation and use of services, products and devices pursuant to the Turf Removal Rebate Program. 5. Payment of grant funds will be made only after turf removal is verified as complete. 6. Customers are responsible for complying with all applicable laws, codes, policies, covenants, conditions and restrictions including the California Labor Code, which requires that Worker s Compensations be maintained for, and Prevailing Wage be paid to those who work on turf removal projects paid for, all or in part, by funding received through this grant offering. Application and Submission Information Application Submission Deadline The application submission deadline is: Friday, October 16, 2015 at 5:00PM Pacific Standard Time Applications received after this application deadline will not be considered. Application Delivery Instructions Applications may be ed to haesslyj@ranchowater.com, or hard copies may be submitted as follows: By mail: Rancho California Water District Attn: Justin Haessly PO Box 9017 Temecula, CA Under no circumstances will applications received through any other method be considered eligible for grant award. Regardless of the delivery method used, you must ensure that your application arrives at RCWD headquarters by the date and time deadline stated above. Applications received after the deadline, but are postmarked prior to the deadline, will not be accepted.

26 Application Review Information Proposed projects will be scored based on the following criteria: Past Performance (25 Points) HOA s and public agencies that have successfully completed, or are in the process of completing, turf removal projects in a timely manner through MWD s turf rebate program will be awarded full points under this criterion. Readiness to Proceed (25 points) o Local Agency Approval (15 of 30 points) Projects that have met the requirements of relevant local agencies (i.e. had their plans approved by the City) will receive 15 points o Projected Construction Completion Dates (10 of 30 points) Projects that can be complete by December 31, 2015 will receive 15 points Site Visibility (25 points) Sites that receive a lot of foot and/or vehicle traffic will score higher under this criterion. Water Savings (25 Points) Proposed projects that result in the largest amount of water savings will score higher in this area. Potential water savings will be determined using data provided by the applicant on the Project Application. Award Administration Information Award Notices Successful applicants will receive, by electronic or regular mail, a notice of award. Award Document If the applicant is awarded a financial assistance agreement as a result of this Grant Opportunity Announcement, the agreement document must be signed by the authorized RCWD representative before it becomes effective. Award Recipient Reporting Applicants who are awarded a financial assistance agreement will be required to submit to RCWD photo documentation of the site retrofit process. Required documentation will include pre-construction, construction, and post construction photos. Receipts for materials and labor may also be requested. Agency Contacts There will be no pre-application conference. Eligible entities interested in submitting applications in response to this Grant Opportunity Announcement may direct questions to RCWD by . Questions

27 may be submitted to the attention of Justin Haessly, Sr. Water Resources Planner, at the following address: 2015 Grant Application Turf Removal Projects for Public Agencies & Homeowners Associations Date of application: Applicant Information Name of organization Legal name, if different Address City, State, Zip Name of Primary Contact Regarding this Application Title Phone Name of Secondary Contact Regarding this Application Title Phone Is your organization a Homeowners Association? Is your organization a public agency/unit of government? Yes or No Yes or No If you answered no to both questions, your organization is not eligible to be awarded grant funding through the grant opportunity announcement associated with this grant application. Turf Removal Project Information Name of Turf Removal Property Owner Legal name, if different Turf Removal Site Property Address Water Service Account Number(s) Square Feet of Turf to be Removed at Site Installation of signage at the turf removal site, which provides information about the funding agencies is a requirement for participation in the grant program. Is your organization willing to install required signage at the turf removal site? Yes or No Is the proposed turf removal site highly visible to foot and vehicle traffic? Attach at least one photo illustrating the site s visibility. Yes or No Please describe proposed turf removal project. Include a list of the plant materials that will be used to replace the turf, information about any mulch that will be used in the turf removal areas, and information about any irrigaiton system retrofit work that will be reqruied for the project. Attached another sheet if needed.

28

29 Proposed Project Start Date: Proposed Project Completion Date: Project Timing & Budget Information When will necessary local agency approvals for the Project? If approval is complete, attach approval letter from city or other legal authorty. Total Project Budget: $ Amount of Grant Money Requested (up to $1 per sq. ft.) $ Amount to be Provided by Applicant $ Amount to be Provided by MWD Rebate Program $ Amount to be Provided by Another Public Agency $ If your organization has already received a rebate through MWD for a completed turf removal project, was it completed on time and according to schedule? If not, please describe any problems you encountered with completing the project on time. If you have applied for, but not yet received a rebate for a turf removal project(s) through MWD, please answer the following questions: Has a rebate been reserved by MWD for your project(s)? Yes or No Have you begun removing turf(s)? Yes or No If so, when do you anticipate completing your project(s)? Yes or No Are you on track to complete the project on time? Yes or No If your organization does not receive an MWD Rebate, will your organization still complete the project if awarded funding through this Grant Opportunity? Name & Title of Person Authorized to Submit Application: Signature: Authorization Yes or No September 2015

30 FINANCIAL ASSISTANCE AGREEMENT Rancho California Water District Turf Replacement Program for Homeowners Associations & Public Agencies Rancho California Water District ( RCWD ) offers a Turf Replacement Incentive Program ( Program ) for Homeowners Associations and/or Public Agencies that are direct retail water customers of RCWD. RCWD s Program is funded by a grant awarded to the Santa Ana Watershed Project Authority ( SAWPA ) by California s Department of Water Resources ( DWR ). RCWD, SAWPA, and DWR may be collectively referred to as Funding Partners. By signing below and participating in the Program, the undersigned RCWD customer and property owner, INSERT GRANT RECIPIENT NAME HERE ( Participant ) agrees to the applicable policies of the Funding Partners and all of the provisions outlined below. PRE-CONVERSION ELIGIBILITY 1. Authorization to Proceed: Before removing any turf, the following items must be submitted to RCWD: a) A completed Grant Application that outlines the specific details of Participant s project; b) At least three photos of the turf removal area (Participant grants the Funding Partners full license to use all submitted photos for purposes relating to the Program); and c) This signed Financial Assistance Agreement ( Agreement ). In addition, an on-site preinspection by an authorized representative of RCWD is required. Participant may not proceed with the removal of existing turf until it receives authorization from RCWD. Proceeding with a project prior to receiving authorization from RCWD will make the project ineligible for any grant funds available through the program. 2. Participant Eligibility: Participant agrees that s/he meets all of the following eligibility criteria for the Program: a. Participant owns the property on which the turf replacement/conversion is proposed to be completed. b. The property receives water service directly from RCWD. 3. Qualifying Area: Areas where turf is to be removed are located at INSERT ADRESS HERE and amount to XXX,XXX square feet of turf ( Project Boundary ). The Project Boundary must have living turf being irrigated with potable water at the time this Agreement is executed. The Participant s project must comply with all applicable laws, codes, ordinances, policies, covenants, conditions, and restrictions. It is the Participant s responsibility to ensure compliance with local justifications, including but not limited to: City, County or AssociationAreas irrigated with recycled water are not eligible. Participant Initials:

31 PROGRAM REQUIREMENTS 6. New Plant Materials: Plant material that is to replace the removed turf cannot include any living turf grass, synthetic turf or other turf substitutes. Buffalo and Zoysia grass, for example, are considered turf type grasses and cannot be used to replace the turf that is removed as part of the Participant s project. 7. Efficient Irrigation: If a water system is used in the areas where turf is removed, it must be a drip irrigation system equipped with a pressure regulator, filter and emitters. The system must be free of leaks and malfunctions. Each drip emitter must be rated at no more than 2 gallons per hour (gph). If only a portion of an existing turf area is replaced, the sprinkler system must be properly modified to provide adequate coverage to the remaining turf without watering the newly converted area. 8. Surface Treatments: All exposed soil must be covered with a minimum of a 2 layer of mulch permeable to air and water, except in areas planted with creeping or rooting groundcovers or directly seeded. Common mulching materials include rock, bark, pavers or un-grouted flagstone. If a weed barrier is used beneath the mulch, it must be manufactured to be permeable to air and water. Impermeable surfaces cannot be installed to replace turfgrass that is removed as part of the Participant s project. Impermeable surfaces include concrete, plastic sheeting or other surfaces, which do not allow for water infiltration. Use of such materials within the Project Boundary will result in the termination of this Agreement and loss to the Participant of grant funding awarded herein. 9. Invasive Plants: Invasive plant species are not to be used to replace turf that is removed as part of the participant s project. Plant species to avoid are identified in the California Invasive Plant Council Don t Plant a Pest Program ( Installation of invasive plant materials within the Project Boundary will result in the termination of this Agreement and loss to the Participant of grant funding awarded herein. PROGRAM TERMS AND CONDITIONS 10. Grant Award Amount: The Amount of this Grant Award is $XXX,XXX. This amount is equal to $1.00 per square foot of turf removed. Checks will only be issued to the RCWD account holder of record at the time of the execution of this Agreement. 11. Project Timelines: Projects must be completed within four months from the execution date of this Agreement. Projects will be inspected by RCWD before, during, and after construction is complete. If the turf removal that takes place fails to meet Program Requirements, Participant shall be granted an additional 30 days to attain compliance and notify RCWD. This Agreement terminates 180 days after execution of this Agreement or upon payment of grant funds to the Participant, whichever comes first. All Participant obligations, including properly executed covenant documents, must be fulfilled within the 180 day period or the grant award may be forfeited. Participant Initials:

32 13. Requirements to Maintain Project: Areas within the Project Boundaries must remain in compliance with all Program conditions for a minimum of ten (10) years. Inspection may be conducted by the Funding Partners and/or their approved agents at reasonable times during this minimum period to verify compliance. If this requirement is violated, the Participant may be required to refund all or a portion of the grant award. This requirement is void upon the sale of the property. 14. Other Responsibilities of the Applicant: RCWD enforces only the conditions in this agreement. Customer is responsible for complying with all laws, bylaws, ordinances, policies codes and covenants that may apply including abidance by the California Labor Code, which requires that Worker s Compensations be maintained for, and Prevailing Wage be paid to those who work on turf removal projects paid for, all or in part, by funding received through this financial assistance agreement. Quality and appearance of the area within or outside the Project Boundary is the responsibility of Participant. Grant awards may be considered taxable income. RCWD is not responsible for any taxes that may be imposed as a result of the award of any grant funds. DISCLAIMER 15. Disclaimer. The Funding Partners make no representation or warranty to contracted services or products that may be installed within Project Boundary areas as a result of participation in this program. Removal of turf and installation of water efficient devices does not guarantee reduced water use. This Participation Agreement is to facilitate the exchange of a financial incentive (grant award) only. By participating in the Program, Participant waives and releases all Funding Partners and their respective contractors and agents from any and all claims and causes of action arising out of the removal of turf and/or the purchase, installation or use of devices and materials in connection with this Program. Any claim Participant may have based upon any defect or failure of performance of a contracted service or device purchased by Participants should be pursued with the contractor or manufacturer/distributor. The Program Funding Partners only enforce the terms and conditions of the Program. Participant is responsible for complying with all applicable laws, codes, policies, ordinances, covenants, conditions, and restrictions that may apply, including the California Labor Code, which requires that Worker s Compensations be maintained for, and Prevailing Wage be paid to those who work on turf removal projects paid for, all or in part, by funding received through this financial assistance agreement.. Quality and appearance of all landscaping on the Participant s property, both within and outside the Project Boundary, is the responsibility of the Participant. Participant Initials:

33 By signing below, Participant agrees that he/she has read and agrees to comply with the Program terms and conditions, as well as all Federal, State and local codes, including covenants, ordinances, conditions and restrictions, as applicable. RANCHO CALIFORNIA WATER DISTRICT Jeff Armstrong Interim General Manager Rancho California Water District Date PARTICIPANT [INSERT NAME] Date

34 COMMITTEE ACTION PLANNING AND ADMINISTRATION COMMITTEE September 17, 2015 Page 1 of 42 ITEM 3: CONSIDER APPROVAL OF SECOND AMENDMENT TO MEMORANDUM OF UNDERSTANDING FOR INTEGRATED REGIONAL WATER MANAGEMENT PLANNING AND FUNDING IN THE SAN DIEGO SUB-REGION FUNDING AREA RESPONSIBLE/LEAD STAFF MEMBER: Senior Water Resources Planner, Justin Haessly RECOMMENDATION: Staff requests the Planning and Administration Committee (Committee) recommend the Board of Directors (Board) authorize the Interim General Manager to execute a Memorandum of Understanding, (MOU) substantially in the form attached, with the San Diego Regional Water Management Group (SDRWMG) and Orange County Regional Water Management Group (OCRWMG) for the Riverside County Upper Santa Margarita Regional Water Management Group (RCRWMG) to receive 9.46 percent of the funding allocated by the Department of Water Resources to the San Diego Sub-Region Funding Area for the implementation of future Integrated Regional Water Management (IRWM) programs and projects to be funded through Proposition 1. DISCUSSION: On April 28, 2009, the RCRWMG, for which Rancho California Water District (RCWD/District) functions as the lead agency, entered into an MOU with the SDRWMG and OCRWMG to agree upon a method for which Proposition 84 IRWM funding allocated to the San Diego Sub-Region Funding Area would be distributed among each of the groups. The method agreed upon was based on a combination of the land area and population contained within each of the groups geographical areas as of the year The MOU was amended in 2009 to extend its term and to authorize a small shift in funding from one group to another. At this time, a second amendment is needed to further extend the term of the MOU, to amend the recitals within the MOU to include language regarding Proposition 1 IRWM funding, and to apply the same methodology that was used for distributing Proposition 84 funding among the groups to the distribution of Proposition 1 funding, with the exception that land area and population

35 Planning and Administration Committee September 17, 2015 Item 3 Page 2 of 42 data will be used from the year 2013 instead of If the MOU is signed, it is estimated that the RCRWMG will be eligible to receive $4.97 million in Proposition 1 IRWM funding. ALTERNATIVES: Staff s analysis includes the following potential alternative: 1) Do not recommend to the Board of Directors that the subject MOU be signed. FISCAL ANALYSIS: If the MOU is signed, it is estimated that the RCRWMG will be eligible to receive $4.97 million in Proposition 1 IRWM funding. ENVIRONMENTAL REQUIREMENTS: Not applicable EXHIBITS/ATTACHMENTS: Original MOU First Amendment to MOU Second Amendment to MOU

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76 PLANNING AND ADMINISTRATION COMMITTEE COMMITTEE ACTION September 17, 2015 Page 1 of 5 ITEM 4: CONSIDER REQUEST FOR APPROVAL TO AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE VAIL LAKE RV RESORT OPERATING AND MAINTENANCE RESPONSIBLE/LEAD STAFF MEMBER: Fred Edgecomb, Director of Operations and Maintenance Darren Milner, Field Services Manager-Facilities RECOMMENDATION: Staff requests the Planning and Administration Committee (Committee) recommend the Board of Directors (Board) approve the award of a professional services agreement to Urban Parks Concessionaires dba Vail Lake Recreation Company (UPC) for the operation and maintenance of the Vail Lake RV Resort and Lake Recreational Facilities. Furthermore, in relation to the services agreement, staff requests direction related to the allowance of special events in DISCUSSION: In the summer of 2014 the District acquired approximately 8,000 acres of property surrounding Vail Lake. Included in the property was the Vail Lake RV Resort and Marina (Resort). In September 2014 the District entered into an operating agreement for the initial operations and maintenance of the Resort. Since the term of that agreement will expire at the end of 2015, staff developed and released a request for proposal (RFP) for the 2016 calendar year. On July 24, 2015 the RFP for the operations and maintenance of the Resort was sent to seven prospective bidders. On August 5, 2015 an onsite pre-bid meeting and facilities tour was held at the Resort, whereby four of the seven companies that received the RFP attended. On August 25, 2015 (the due date for RFP responses), one proposal was received from UPC. The District currently has a contract with UPC to provide the operations and maintenance of the Resort for Since there was only one proposal received and it is from a qualified provider, staff recommends awarding the contract to UPC.

77 Planning and Administration Committee September 17, 2015 Item 4 Page 2 of 5 Looking ahead to 2016 there is one issue related to the operations of the Resort that staff needs clarification on. This clarification will allow staff to direct UPC on what types of special events related to the operation of the Resort are allowed. Special events provide the opportunity to increase the net-operating results of the Resort but may affect concerned parties and neighboring communities. Staff is currently developing a proposed special event guideline for the Committee to consider for recommendation to the Board. The proposed special event guideline is in development but will be presented at the meeting. ALTERNATIVES: Not applicable FISCAL ANALYSIS: The not-to-exceed cost for calendar year 2016 is $1,859,469. This represents an estimated $91,747 reduction in the UPC fee from 2015 and includes 24-hour security for the RV Resort and Marina areas. The security provided by UPC will allow the District to reduce its separate security contract and will result in an estimated $200,000 reduction in security costs related to the Vail Lake properties. ENVIRONMENTAL REQUIREMENTS: None EXHIBITS/ATTACHMENTS: UPC Project Fee Proposal

78

79

80

81

82 PLANNING AND ADMINISTRATION COMMITTEE COMMITTEE ACTION September 17, 2015 Page 1 of 5 ITEM 5: CONSIDER ALTERNATIVE METHOD FOR RECONSIDERING AGRICULTURAL/ DOMESTIC CUSTOMER TIER 1 ALLOCATIONS RESPONSIBLE/LEAD STAFF MEMBER: Finance Manager, Rick Aragon RECOMMENDATION: Staff requests the Planning and Administration Committee (Committee) recommend the Board of Directors (Board) direct staff to proceed with the necessary steps to implement the recommended policy change of limiting the landscape area used to determine Agriculture (Ag) Tier 1 water allocations to 10 percent of the amount of agricultural-planted area with a maximum cap of 75,000 square feet, so as to be in alignment with the domestic customer allocation cap for landscape area. DISCUSSION: Background - Board Actions At the Board s direction, staff presented Rancho California Water District s (District) current policy on requiring a minimum of 1 acre of agricultural-planted area to qualify as an Ag account under the two-tier agricultural rates structure for discussion at the Committee s regular meeting of February 19, This was then brought back in April to discuss potential alternative rate structures, and other options out of concern from the Board that a change was necessary to prevent agriculture/domestic (Ag/Domestic) accounts with large portions of landscaping and minimal portions of agricultural-planted area from receiving the benefit of the lower Ag Tier 1 water rates, as they are designed to incentivize agricultural production. At the recommendation of the Committee, the Board voted in May to change the threshold from 1 acre to 3.5 acres for an account to qualify as agricultural. Upon review of the necessary resolution to enact the threshold change, the Finance and Audit Committee (FAC) chose, at their June 4, 2015 regular meeting, to postpone the adoption of the resolution and directed staff to review and bring back alternatives that would accomplish the same goal.

83 Planning and Administration Committee September 17, 2015 Item 5 Page 2 of 5 Current Practice and Potential Alternative In response, staff performed an in-depth analysis of Ag and Ag/Domestic account data along with a review of existing policy and practices to determine viable alternative options. The analysis produced an option that accomplishes addressing the Board s rate equity concern in relation to significant non-ag-related water use at agricultural rates. Additionally, this alternative would minimize the impact on small growers with agricultural-planted areas between 1 and 3.5 acres who would otherwise be reclassified to a Domestic account under the previous action but whose primary use for water is Ag. Current Practice Currently both the Ag and Ag/Domestic accounts are charged under the same two-tier rate structure. These accounts are given an overall annual allocation where water use in that year is charged at the Ag Tier 1 rate and any use in excess of that amount is charged at the Ag Tier 2 rate. The Ag Tier 1 rate is lower, as it is a blended cost mix of groundwater and imported water, whereas the Ag Tier 2 rate is comprised of solely the more costly imported water with a conservation program operating cost component as well. However, the Ag Tier 2 rate does not include the additional cost component for capital costs for conservation and additional water supply that are included in the Domestic Tier 4 rate. This limits Ag or Ag/Domestic accounts rate exposure to $2.88 per hundred cubic feet (HCF) as compared to $6.32 per HCF for a Domestic account. Current Ag and Domestic rates are shown below. FY 2016 Water Rates per HCF Ag Rates Domestic Rates Divisions Tier 1 Tier 2 Tier 1 Tier 2 Tier 3 Tier 4 Rancho $ 1.23 $ 2.88 $ 0.66 $ 1.50 $ 2.49 $ 6.32 Santa Rosa $ 1.67 $ 2.85 $ 1.01 $ 1.99 $ 2.48 $ 6.32 The Ag and Ag/Domestic allocations are comprised of separate budgets for different purposes added together for the overall annual allocation. Specifically, Ag/Domestic accounts have three separately calculated budgets. The primary component is for Ag land use and is based on crop type, weather, and total planted acreage. The second component is for irrigated landscaping where a customer receives an allocation of water for the total amount of irrigated landscape area, as modified by weather and an efficiency factor in similar manner as Domestic accounts. The other major difference from the District practice for allocating water for landscape for

84 Planning and Administration Committee September 17, 2015 Item 5 Page 3 of 5 Domestic accounts is that a Domestic account is limited to receive a budget for efficient water use (Domestic Tier 2) based on up to 75,000 square feet of irrigated landscape, whereas an Ag or Ag/Domestic account does not have such a limit. Lastly, an Ag/Domestic account receives a flat allocation for indoor water use at a base of 16 HCF per account, as consideration for Domestic usage. Ag accounts are comprised of both the agriculture and landscape allocations but without an indoor allocation. Potential Alternative Based on the current practice as detailed above, staff believes that the same goal can be accomplished by altering the method that an Ag or Ag/Domestic account is allocated in an irrigated landscape budget to receive the Ag Tier 1 rate. Specifically, staff would recommend limiting the irrigated landscape area component of the landscape allocation to 10 percent of the agricultural-planted area with a maximum cap of 75,000 square feet to be on par with Domestic accounts. This is in alignment with the review that the average portion of landscape area to total landscape and agriculture area on a property for all Ag/Domestic accounts in the District is 12 percent. This change would allow a reasonable portion of incidental landscape area proportionate to the amount of agricultural-planted area to receive the benefit of the Ag Tier 1 rate. This is in alignment with the policy concept that the Ag Tier 1 rate is reserved for accounts whose primary land purpose is for Ag. Any other water use in excess of the primary agricultural purpose with consideration for some incidental landscaping would be charged at the full import water rate and be contributed to the conservation program. However, such an account would not be penalized at the Domestic Tier 4 rate. Analysis of Customer Impact Staff performed an account-by-account analysis for Ag and Ag/Domestic customers on the potential bill impacts from the proposal as compared to the current practice. Agricultural-planted area and landscape area, along with 2014 water usage data was used from all accounts having already undergone the recertification process this year so as to ensure the most accurate and recent data be utilized. This resulted in 350 of the 709 (49 percent) of the Ag/Domestic accounts and 539 of the 873 (62 percent) of the accounts being individually reviewed. A breakdown by degree of bill impact is shown below for Ag/Domestic and Ag accounts:

85 Planning and Administration Committee September 17, 2015 Item 5 Page 4 of 5 Annual Bill % Increase Ag/Domestic Bill Impact Change Accounts Ag Accounts Greater Than Less Than % of Accounts % of Accounts 0% 5% 8% 2% 5% 10% 5% 1% 10% 20% 5% 0% 20% 30% 2% 0% 30% 40% 1% 0% 40% 50% 1% 0% 50% 75% 1% 0% % Increase 78% 97% Total 100% 100% Annual Bill $ Increase Ag/Domestic Bill Impact Change Accounts Ag Accounts Greater Than Less Than % of Accounts % of Accounts $ 0 $ 250 6% 1% $ 250 $ 500 5% 1% $ 500 $ 1,000 5% 0% $ 1,000 $ 2,500 4% 1% $ 2,500 $ 5,000 1% 0% $ 5,000 $ 7,500 1% 0% $ 7,500 $ 10,000 0% 0% $ Increase 78% 97% Total 100% 100% Key Facts from Analysis 1. Affected Ag/Domestic accounts use 67 percent more water per acre than unaffected accounts (3.7 AF to 2.2 AF). 2. Affected Ag accounts use 70 percent more water per acre than unaffected accounts (4.2 AF to 2.5 AF). 3. Affected Ag/Domestic accounts have an average ratio of only 2.2 agriculturalplanted acres for every landscaped irrigated acre, as compared to 12.1 for unaffected accounts. 4. Affected Ag/Domestic accounts have an average ratio of only 3.5 agriculturalplanted acres for every landscaped irrigated acre, as compared to 86.3 for unaffected accounts.

86 Planning and Administration Committee September 17, 2015 Item 5 Page 5 of 5 Summary The analysis revealed two clear themes of information. The first is that the vast majority of accounts would be unaffected by this change if adopted (78 percent for Ag/Domestic and 97 percent for Ag). Only approximately 10 percent of Ag/Domestic customers would see an annual bill increase of over 10 percent and almost 0 percent of Ag customers would see a similar increase. The second theme is those that see a bill impact appear to be those accounts using significantly more water per acre than the District average (approximately percent), because of their landscaping water use. As expected, these accounts proportionally have very large amounts of landscaping area. Such a change also has the additional benefit of being relatively easy to implement, as it does not require any changes to the District s billing software or billing practices and utilizes existing available information. It is also a policy change that could be easily understood by customers and is in alignment with the District s other drought efforts, messaging, and conservation policy. Staff recommends that this or a similar change to policy be enacted as of January 1, 2016, to allow for proper Proposition 218 advance noticing to affected customers. Additionally, this would allow Ag customers to finish the calendar year with water allocations they had previously been communicated and had planned appropriate water use on. ALTERNATIVES: Staff s analysis includes the following potential alternative: Do not recommend a change in Ag Tier 1 water allocation policy to the Board. FISCAL ANALYSIS: Increased Ag Tier 2 revenue of approximately $200,000 to $250,000 is estimated in the first year after implementation but is anticipated to decrease in future years as the change in water use mix is incorporated into future rate modeling during the budget cycles and water demand declines due to increased costs for affected customers. ENVIRONMENTAL REQUIREMENTS: Not applicable EXHIBITS/ATTACHMENTS: None

87 PLANNING AND ADMINISTRATION COMMITTEE COMMITTEE INFORMATION September 17, 2015 Page 1 of 7 ITEM 6: UPDATE ON DROUGHT EFFORTS RESPONSIBLE/LEAD STAFF MEMBERS: IT/Customer Service Manager, Jason Martin Senior Public Information Officer, Meggan Valencia RECOMMENDATION: This item is presented for the Planning and Administration Committee s information. DISCUSSION: At their regular meeting of May 14, 2015, Rancho California Water District s (RCWD/District) Board of Directors (Board) declared a Stage 4a of the District s Water Shortage Contingency Plan, whereby residential and landscape customers Tier 2 budgets are being reduced by 30 percent and agricultural and commercial customers Tier 1 budgets are being reduced by 10 percent. In order to inform customers about the drought and the District s plan, staff has implemented a comprehensive outreach program. The District participated in Glen Oaks Homeowners Association (HOA) meeting on August 27 and discussed the current drought conditions, what RCWD is doing in response, and what customers can do in response. On September 8, the District participated in an event for commercial brokers sponsored by the City of Murrieta. President Hoagland was on the panel and staff had a table set up with additional information on the drought. District staff has been planning a new outreach series Water Talk, which will consist of quarterly meetings, featuring guest speakers that will focus on current water issues. The first Water Talk will take place on September 25, at 7:30 a.m., at South Coast Winery, whereby Jeff Kightlinger, General Manager from Metropolitan Water District of Southern California, will speak on drought management strategies. Staff will invite stakeholders and community leaders throughout the District s area to attend this presentation.

88 Planning and Administration Committee September 17, 2015 Item 6 Page 2 of 7 In August, the City of Temecula (City) mailed their semi-annual newsletter, Inside Temecula, to all of the residents in the City. Through a partnership with the District, the last two pages were dedicated to the drought and included information on Stage 4a restrictions, how will this affect the customers, water saving tips, MyWaterTracker information, and data on how to make landscape changes. The City also continues to advertise drought information on their local television station channel 3. In September, customers will receive a short newsletter with information about MyWaterTracker and what they can do to manage their water budget. The newsletter will be mailed and ed to customers. The District website has new videos available to help customers. The first video is a How to Read Your Water Bill video, which walks customers through each section of their bill and explains how the water budget is developed. The second video is a How to Shut Off Your Water Valve video, which will assist customers on how to shut off their water valve when they have a leak on their side of the meter. Additional outreach scheduled throughout the community includes: September 12: RCWD Landscape Workshop September 16: Presentation to local pool association September 18: Booth at Get Shamrocked September 19: Booth at Get Shamrocked September 19: RCWD Landscape Workshop September 19: Booth at Vintage Hills HOA Water Conservation Fair September 20: Booth at Get Shamrocked September 24: California Friendly Workshop RCWD September 24: Drought program, Temecula Library September 25: Water Talk September 26: RCWD Landscape Workshop September 30: HOA regional meeting presentation October 3: Booth at Sears Safety Fair October 3: RCWD Landscape Workshop October 3: Vail Lake outreach October 7: Booth at Thompson Middle School Eco Fair

89 Planning and Administration Committee September 17, 2015 Item 6 Page 3 of 7 ALTERNATIVES: Not applicable FISCAL ANALYSIS: Not applicable ENVIRONMENTAL REQUIREMENTS: Not applicable EXHIBITS/ATTACHMENTS: Public Affairs Update

90 Rancho California Water District In the Community August Events 8/6- Murrieta Chamber Mixer 8/8- Temecula Farmer s Market 8/13-50 Year Celebration 8/26- Well Drilling Open House RCWD CELEBRATES 50 YEARS! Rancho California Water District Getting the Most from Every Resource! On August 13, 2015, Rancho California Water District (RCWD/District) celebrated its 50 th anniversary at District headquarters. Over 100 staff members and dignitaries attended the event that focused on past accomplishments and future goals. The District was presented with multiple Certificates of Recognition and put forward numerous resolutions that correlate with the District s current vision and future strategic goals. Staff members and departments were recognized for their effective work ethic and loyalty to RCWD. Jeff Armstrong, Interim General Manager, discussed the success of the last 50 years and how the District continues to expand and provide customers with the necessary tools and resources during drought conditions. Rancho California Water District was created with the goal of providing water for the growing region. The mission is as true today as it was back then: to provide high quality, safe and reliable water service to those within our service area, stated Armstrong in front of those in attendance. Jeff Armstrong discussing the District s achievements August 2015 Volume 1, Issue 2 Public Affairs Update

91 From its beginning serving a small community, Rancho California Water District has seen its service area grow into a city with over 12,000 irrigated acres of avocado, grape and citrus crops, over 37,000 residential customers, and nearly 1,611 commercial users, in an area covering over 156 square miles with a population of more than 147,600. Native California plants were used as center pieces at the 50 year event Since its formation in 1965, the District has encountered and overcome challenges while remaining dedicated to providing customers with dependable high-quality water, wastewater, and reclamation services. Water is our most precious resource, and RCWD will maintain its commitment to manage and conserve our area s unique water resources with the same dedication and sense of purpose as those who founded the District 50 years ago. Devilicious food truck provided fresh food and beverages to those in attendance Staff celebrating Page 2 August 2015 Volume 1, Issue 2 Public Affairs Update

92 MURRIETA CHAMBER MIXER Staff introducing RCWD In order to promote water efficiency, RCWD hosted Murrieta s Chamber Mixer event that took place on August 6, Guests from local businesses were invited to interact with one another to discuss valuable information regarding RCWD. A video slide show displayed information regarding the history of the District, Stage 4a drought information, the elimination of Tier 3, and the new MyWaterTracker tool that is now available. Leak detectors, sponges, shower-timers and other water efficient tools were complimentary to those who attended. In addition, RCWD donated three gift baskets to be raffled off at the end of the event. Local businesses worked with the District to provide food, beverages, and other useful resources. Dignitaries and staff members were available to answer any questions attendees had in regards to rebates or billing concerns. FARMER S MARKET Guests networking with one another during the Chamber event Residents visiting multiple Farmer Market booths One of the most effective ways to reach out to the community is by attending Temecula s Farmer s Market that takes place every Saturday in Old Town. There, hundreds of residents have the opportunity to come in contact with local businesses that provide a variety of goods and services. In order to provide useful information regarding water efficiency, RCWD has been consistently displaying information booths for residents to visit. The booths consist of complimentary water efficient hose nozzles, leak detectors, sponges, and seed packets. Dozens of visitors often request rebate information and frequently inquire information regarding their bill. Staff is present to answer any questions and also encourage visitors to take part in helpful online tools that help reduce their monthly bill and promote water use efficiency. Page 3 August 2015 Volume 1, Issue 2 Public Affairs Update

93 WELL DRILLING PROJECT OPEN HOUSE RCWD will be drilling one test well and one replacement well on a District-owned lot located at the cul-de-sac of Corte Antigua, off Loma Linda Road in Temecula. The existing production well had to be shut-down due to increased levels of constituents above the drinking water standards. The test well will be used to test the deeper aquifer and provide valuable information for design of a new replacement well. The replacement well will help the District continue to deliver reliable, high quality water to its customers. The work for the test well is expected to begin November 2015 and continue for approximately two months. The work for the replacement well is expected to begin November A community open house style meeting took place on August 26, 2015 from 6:00pm-7:30pm for residents within close proximity to the construction site. During this meeting staff provided a project overview, including pictures and blueprints of the scheduled upcoming construction, a tour of the well site, and also provided water efficient tools for attendees to take with them. UPCOMING EVENTS September /12- Landscape Workshop 9/18- Get Shamrocked 9/19- Landscape Workshop Get Shamrocked Vintage Hills Conservation Fair 9/20- Get Shamrocked 9/25- Water Talk 9/26- Landscape Workshop October /3- Landscape Workshop Sears Safety Event Vail Lake Outreach Event 10/18- Race for the Cure Page 4 August 2015 Volume 1, Issue 2 Public Affairs Update

94 PLANNING AND ADMINISTRATION COMMITTEE COMMITTEE INFORMATION September 17, 2015 Page 1 of 4 ITEM 7: UPDATE ON STATE AND FEDERAL LOBBYING ACTIVITIES RESPONSIBLE/LEAD STAFF MEMBER: Senior Public Information Officer, Meggan Valencia RECOMMENDATION: This item is presented for the Planning and Administration Committee s (Committee) information. DISCUSSION: The U.S. Army Corps of Engineers 30-day formal public comment period opened on California WaterFix, a project that seeks to modernize the way water is diverted from the Sacramento-San Joaquin Delta, state and federal officials announced. The public comment period runs until October 30, One of the several budget trailer bills now pending before the Legislature, Assembly Bill (AB) 126, contains a fee increase for the Environmental Lab Accreditation Program (ELAP). The ELAP was transferred from the Department of Public Health to the State Water Resources Control Board (SWRCB) as part of the drinking water program reorganization that took effect on July 1, Subsequently, the SWRCB discovered that the Environmental Laboratory Investment Fund was not generating sufficient revenue to support budgetary expenditures. According to the SWRCB and Department of Finance, ELAP rates have remained the same for a number of years. The fee increase for would be about $1 million. The Association of California Water Agencies (ACWA) has been working with the League of California Cities, the California State Association of Counties, and the California Water Foundation on a joint proposed constitutional amendment, which would be considered by the Legislature next year and could be before the voters on the November 2016 ballot. The proposal is intended to give local public agencies the discretion to accomplish three policy objectives: 1) the establishment of tiered-water rates to promote conservation, 2) the establishment of lifeline rates to provide affordable water to low-income households, and 3) the financing of storm-water management

95 Planning and Administration Committee September 17, 2015 Item 7 Page 2 of 4 infrastructure. The proposed approach amends Article X of the California Constitution, rather than Article XII, which was created by Proposition 218 in In essence, the recommended approach creates a separate and independent financing path for accomplishing the objectives without directly changing Proposition 218. District staff is reviewing the proposed amendment and will provide comments if necessary. Assembly Speaker Toni G. Atkins (D-San Diego) announced that the Assembly Democratic caucus selected Assemblymember Anthony Rendon (D-Lakewood) to become the 70 th Speaker of the Assembly. The leadership change will occur after a floor vote in January and a transition period to be determined by the Speaker and the Speaker-elect. Rendon currently serves as the Chair of the Assembly Utilities and Commerce Committee. Prior to serving in the Assembly, he was an educator, non-profit executive director, and an environmental activist. Senator Fran Pavley (D-Los Angeles) will be amending her well log bill, Senate Bill (SB) 20, to strike all prior language and insert in its place language to create a California Water Resiliency Investment Fund. Her office has indicated that they have no intention of moving the bill this year, but would like to start a conversation on a sustainable funding source for state and local water infrastructure needs in The California Department of Water Resources announced the release of its draft guidelines for the 2015 Sustainable Groundwater Planning Grant Program, a $10 million program to help counties with stressed groundwater basins develop or strengthen local ordinances and conservation plans to protect the resource. In addition, attached for the Committee s review is a memorandum regarding federal legislative activity and opportunities relating to RCWD and its projects, provided by ENS Resources, Inc. ALTERNATIVES: Not applicable FISCAL ANALYSIS: Not applicable ENVIRONMENTAL REQUIREMENTS: Not applicable EXHIBITS/ATTACHMENTS: Memorandum from ENS Resources, Inc., dated September 9, 2015

96 M E M O R A N D U M TO: FROM: Meggan Valencia, Senior Public Information Officer Eric Sapirstein DATE: September 9, 2015 SUBJECT: Washington Update Congress was on recess for the month of August. Therefore, much of the work that occurred took place in congressional districts. Nonetheless, congressional leaders did set out the priorities for the remaining months of the session, including energy policy, fiscal year 2015 budget, and drought/wildfire policy. The following summarizes our activities. Pechanga Water Settlement Legislation The Pechanga Band of Luiseño Mission Indians Water Rights Settlement and for other purposes (S. 1983) is now in a position for a hearing by the Senate Committee on Indian Affairs. Despite the fact that the Band presented testimony earlier this year before the committee, as part of a general oversight hearing into settlements, it is uncertain whether that presentation satisfies the need for a legislative hearing on S If a hearing is scheduled, it must be scheduled in the near term to avoid the possibility of the legislative calendar lapsing and relegating the legislation to the next session for a hearing. Even if S does receive a hearing, its prospects for action in the House remains a function of the Administration advising the House Committee on Natural Resources that the settlement agreement satisfies all fiscal and statutory considerations. At this writing, it appears that such a statement has yet to be transmitted. An option that might arise is Senate passage of S and an agreement that the House simply approve the bill. This would eliminate the need for House committee action. However, this approach would likely require the packaging of other must do measures into an omnibus settlements bill. This would likely only take place if there were House priorities to include any such measure. For the District, the key issues will involve ensuring that the Senate committee provides for clear report language stating how any settlement water is used. Senator Boxer s staff stated to all stakeholders that such clarifying provisions would be part of any report that accompanies a committee-approved bill. ENS Resources, Inc th Street, N.W. Washington, D.C Phone /Telefax