44
Notice and Agenda of a Board Workshop Tuesday, January 28, 2014 at 4:00 p.m. MEETING LOCATION: District Administration Building 12770 Second Street, Yucaipa MEMBERS OF THE BOARD: Director Ken Munoz, Division 1 Director Bruce Granlund, Division 2 Director Jay Bogh, Division 3 Director Lonni Granlund, Division 4 Director David Leja, Division 5 I. Call to Order II. Public Comments At this time, members of the public may address the Board of Directors on matters within its jurisdiction; however, no action or significant discussion may take place on any item not on the meeting agenda. III. Staff Report IV. Presentations A. Overview of the California Statewide Communities Development Authority (CSCDA) and the Statewide Community Infrastructure Program (SCIP) for the Construction of a 6.0 Million Gallon Drinking Water Reservoir in Calimesa [Workshop Memorandum No. 14-012 - Page 5 of 44] B. Overview of California Drought Conditions and Related Impacts [Workshop Memorandum No. 14-013 - Page 9 of 44] V. Capital Improvement Projects A. Status Report on the Digester Cover and Piping Replacement Project [Workshop Memorandum No. 14-014 - Page 15 of 44] VI. Operational Issues A. Overview of Emergency Sewer Interceptor Repair of the Protective Concrete Cover near Live Oak Canyon Road, Yucaipa [Workshop Memorandum No. 14-015 - Page 18 of 44] B. Overview of Proposed Energy Efficiency Upgrades and Automated Demand Response Project [Workshop Memorandum No. 14-016 - Page 19 of 44] Any person with a disability who requires accommodation in order to participate in this meeting should telephone Erin Anton at (909) 797-5117, at least 48 hours prior to the meeting in order to make a request for a disability-related modification or accommodation. Materials related to an item on this agenda submitted to the Board of Directors after distribution of the workshop packet are available for public inspection during normal business hours at the District office located at 12770 Second Street, Yucaipa. Meeting material is also be available on the District’s website at www.yvwd.dst.ca.us Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 1 of 44

Notice and Agenda of a Board Workshop Tuesday, January 28, …documents.yvwd.dst.ca.us/board/2014/140128meetingpacket.pdf · 2014-01-24 · Without Water: What Past Floods, Droughts,

  • Upload
    others

  • View
    2

  • Download
    0

Embed Size (px)

Citation preview

Notice and Agenda of a Board Workshop Tuesday, January 28, 2014 at 4:00 p.m.

MEETING LOCATION: District Administration Building 12770 Second Street, Yucaipa

MEMBERS OF THE BOARD: Director Ken Munoz, Division 1

Director Bruce Granlund, Division 2 Director Jay Bogh, Division 3 Director Lonni Granlund, Division 4 Director David Leja, Division 5

I. Call to Order II. Public Comments At this time, members of the public may address the Board of Directors on matters within its

jurisdiction; however, no action or significant discussion may take place on any item not on the meeting agenda. III. Staff Report IV. Presentations

A. Overview of the California Statewide Communities Development Authority (CSCDA) and the Statewide Community Infrastructure Program (SCIP) for the Construction of a 6.0 Million Gallon Drinking Water Reservoir in Calimesa [Workshop Memorandum No. 14-012 - Page 5 of 44]

B. Overview of California Drought Conditions and Related Impacts [Workshop Memorandum No. 14-013 - Page 9 of 44]

V. Capital Improvement Projects A. Status Report on the Digester Cover and Piping Replacement Project [Workshop

Memorandum No. 14-014 - Page 15 of 44] VI. Operational Issues

A. Overview of Emergency Sewer Interceptor Repair of the Protective Concrete Cover near Live Oak Canyon Road, Yucaipa [Workshop Memorandum No. 14-015 - Page 18 of 44]

B. Overview of Proposed Energy Efficiency Upgrades and Automated Demand Response Project [Workshop Memorandum No. 14-016 - Page 19 of 44]

Any person with a disability who requires accommodation in order to participate in this meeting should telephone Erin Anton at (909) 797-5117, at least 48 hours prior to the meeting in order to make a request for a disability-related modification or accommodation. Materials related to an item on this agenda submitted to the Board of Directors after distribution of the workshop packet are available for public inspection during normal business hours at the District office located at 12770 Second Street, Yucaipa. Meeting material is also be available on the District’s website at www.yvwd.dst.ca.us

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 1 of 44

Yucaipa Valley Water District Board Workshop Page 2 VII. Development Projects

A. Amendment No. 1 to Development Agreement No. 2012-06 for Tract No. 30386 with Highpointe Communities and Development Agreement No. 2013-0x with Richmond American Homes for the Development of 65 Residential Homes within Tract No. 30386 [Workshop Memorandum No. 14-017 - Page 26 of 44]

VIII. Administrative Items A. Ordinance xx-2014 Establishing a Local Government Claims Policy and Requirements for

Claims Against the District [Workshop Memorandum No. 14-018 - Page 42 of 44] IX. Director Comments X. Adjournment

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 2 of 44

Staff Report

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 3 of 44

Presentations

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 4 of 44

Workshop Memorandum 14-012

Date: January 28, 2014

Subject: Overview of the California Statewide Communities Development Authority (CSCDA) and the Statewide Community Infrastructure Program (SCIP) for the Construction of a 6.0 Million Gallon Drinking Water Reservoir in Calimesa

Although cities, counties and special districts are able to issue their own debt obligations or serve as a conduit issuer of private activity bonds that promote economic development and provide critical community services, many local agencies find stand-alone financings costly. In response, the California Statewide Communities Development Authority (CSCDA) was created, under California’s Joint Exercise of Powers Act, to provide California’s local governments with an effective tool for the financing of community-based public benefit projects. CSCDA was created by and for local governments in California, and is sponsored by the California State Association of Counties and the League of California Cities. Currently, more than 500 cities, counties and special districts have become Program Participants to CSCDA – which serves as their conduit issuer and provides access to an efficient mechanism to finance locally-approved projects. Statewide Community Infrastructure Program (SCIP) The California Statewide Communities Development Authority has developed the Statewide Community Infrastructure Program (“SCIP”) to provide property owners with the ability to finance development impact fees through an acquisition agreement that qualifies under the 1913/1915 Act via tax-exempt bond issuance proceeds. The Yucaipa Valley Water District has been approached by several property owners interested in exploring this financing mechanism for the construction of the 6.0 million gallon drinking water reservoir in Pressure Zone 12 (Reservoir R-12.4) planned for construction on a graded pad near Singleton Road in Calimesa. Representatives from the Statewide Community Infrastructure Program will be present at the board workshop to discuss the program and describe how the proposed financing mechanism can be structured to allow property owners in the area to pre-pay the reservoir component of the facility capacity charge in order to facilitate the construction of Reservoir R-12.4.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 5 of 44

Workshop Memorandum No. 14-012 Page 2 of 4

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 6 of 44

Workshop Memorandum No. 14-012 Page 3 of 4

Frequently Asked Questions about Statewide Community Infrastructure Program (SCIP)

What is CSCDA?

The California Statewide Communities Development Authority (CSCDA) is a joint powers authority sponsored by the League of California Cities and the California State Association of Counties.

Who are the participants of CSCDA?

Over 350 cities, counties and special districts in the State are members of CSCDA.

What are eligible development impact fees?

Fees paid to a local agency to mitigate the impact of development and which will ultimately be used by the local agency to pay for the costs of public infrastructure.

How can impact fees be made to be paid in advance?

The local agency can negotiate with the developer to have the fees paid upon approval of a specific plan, development agreement or vesting tentative map and then fund the fees through SCIP.

If we use SCIP and become a member of CSCDA, are we in any way liable for payments or defaults of other participants?

Absolutely not. If one participant were to default, there would be no effect on the other participants. There is no cross-collateralization of payments or assessments.

What is the difference between an assessment lien and an assessment bond?

The assessment lien is imposed on the parcel of land pursuant to the Municipal Improvement Act of 1913. The Act authorizes an issuer to impose an assessment lien on benefited property to finance various public improvements. The Bonds are Limited Obligation Improvement Bonds authorized under the Improvement Bond Act of 1915 and secured by the liens imposed under the 1913 Act.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 7 of 44

Workshop Memorandum No. 14-012 Page 4 of 4

Is voter approval required?

No. There is no requirement for a general election. CSCDA will conduct a hearing and landowner ballot protest procedure. Since a condition of participation in SCIP is landowner consent, protests are not expected.

Is a local agency participant of the pool liable to make any bond payments?

No. The bonds are limited obligation bonds, and under no circumstance is a local agency pool participant liable from its general fund or from any other revenue source.

How is SCIP administered?

SCIP is administered by highly trained and experienced consultants selected by CSCDA who prepare the tax roll, disseminate continuing disclosure reports, and handle delinquencies.

What are the duties of a local agency participant after the bonds are issued?

The only duties required are to provide SCIP consultants with information concerning the development such as recordation of subdivisions and changes in property ownership.

How does SCIP meet the benefit test?

The benefit test is met by the fact that the each property must pay the impact fee in order to develop. This differs from typical assessment proceedings in that the benefit test is tied to the improvement.

Do commercial projects qualify?

Yes, in fact the permit fee program is ideal for commercial projects which can pay substantial impact fees but normally do not participate in bond financing. Examples would be shopping centers or high-rise buildings.

How do you join SCIP?

The local agency's governing Council or Board must pass two SCIP resolutions. From that point, project questionnaires are filled out and submitted to the financing team for individual funding requests.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 8 of 44

Workshop Memorandum 14-013

Date: January 28, 2014

Subject: Overview of California Drought Conditions and Related Impacts

As the drought conditions continue to evolve, the District staff will provide updated information, charts and photographs to describe the severity and overall impacts throuhgout the state. January 2014 is on track for being one of the driest since records began in the 1890s, beating out 1984, the previous driest January.

Courtesy of US Drought Portal and http://observationdeck.io9.com/californias-driest-year-in-500-years-1507372035

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 9 of 44

Workshop Memorandum No. 14-013 Page 2 of 5

Courtesy of US Drought Portal and http://observationdeck.io9.com/californias-driest-year-in-500-years-1507372035

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 10 of 44

Workshop Memorandum No. 14-013 Page 3 of 5

Why State’s Water Woes Could Be Just Beginning By Steve Hockensmith, NewsCenter, January 21, 2014

As 2013 came to a close, the media dutifully reported that the year had been the driest in California since records began to be kept in the 1840s. UC Berkeley paleoclimatologist B. Lynn Ingram didn’t think the news stories captured the seriousness of the situation.

“This could potentially be the driest water year in 500 years,” says Ingram, a professor of earth and planetary science and geography.

Ingram has an especially long-term perspective. As a paleoclimatologist — a scientist who studies changes in climate by teasing data out of rocks, sediments, shells, microfossils, trees and other sources — she’s accustomed to looking back over eons. And according to the width of old tree rings (which can record the coming and going of wet or waterless stretches), California hasn’t been so parched since 1580.

“These extremely dry years are very rare,” she says.

But soon, perhaps, they won’t be as rare as they used to be. The state is facing its third drought year in a row, and Ingram wouldn’t be surprised if that dry stretch continues.

Given that possibility, the title of a recent book by Ingram seems grimly apropos. The West Without Water: What Past Floods, Droughts, and Other Climatic Clues Tell Us About Tomorrow, co-written with geographer and environmental biologist (and UC Berkeley visiting scholar) Frances Malamud-Roam, was released by the University of California Press last year. The NewsCenter spoke to Ingram about the lessons to be drawn from her research as California heads into what could be its worst drought in half a millennium.

Q: California is in its third dry year in a row. How long could that continue?

A: If you go back thousands of years, you see that droughts can go on for years if not decades, and there were some dry periods that lasted over a century, like during the Medieval period and the middle Holocene. The 20th century was unusually mild here, in the sense that the droughts weren’t as severe as in the past. It was a wetter century, and a lot of our development has been based on that.

The late 1930s to the early 1950s were when a lot of our dams and aqueducts were built, and those were wetter decades. I think there’s an assumption that we’ll go back to that, and that’s not necessarily the case. We might be heading into a drier period now. It’s hard for us to predict, but that’s a possibility, especially with global warming. When the climate’s warmer, it tends to be drier in the West. The storms tend to hit further into the Pacific Northwest, like they are this year, and

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 11 of 44

Workshop Memorandum No. 14-013 Page 4 of 5

we don’t experience as many storms in the winter season. We get only about seven a year, and it can take the deficit of just a few to create a drought.

You mentioned global warming. Is what we’re seeing consistent with the predictions that have been made about how climate change could affect California?

Yes. We’ve already started having a decreased snow pack and increased wild fire frequency. And we’ve been warming, and it’s gotten drier. With Pacific Decadal Oscillation [the ever-changing temperature of surface water in the North Pacific Ocean], every 20 or 30 years we go in and out of these positive and negative shifts that affect precipitation and temperature. But now we’re entering a period where it looks like we’re getting drier even though it doesn’t necessarily correspond to that cycle. It looks like a trend. It’s warming and drying, and that’s definitely a big concern for Western states.

What originally sparked your interest in all this?

I grew up in Santa Barbara and personally experienced big floods followed by droughts. In 1969, half our backyard was washed away from an atmospheric river during a wet year. Then the ’76-77 drought made a big impression on me because there was almost literally no rain that year. So I was drawn to trying to understand what controls climate and why it’s so variable. It’s definitely very complex. We haven’t explained it completely, but we’re on our way.

What’s an “atmospheric river”?

That’s when corridors of moisture come up from the tropics, traveling across the Pacific Ocean for thousands of miles to the West Coast and bringing the equivalent of, say, 10 Mississippi Rivers of water. There’s a lot of rain within two or three days. Almost all of our major floods in California correspond to these atmospheric river storms. The last one that was really major was the 1861-62 flood. It completely filled the Central Valley with something like 10 feet of water. Sacramento was underwater.

We don’t know why, but we see evidence for these major mega-floods every one to two centuries over the past 2,000 years. It’s been about 150 years now since the last one, and now there are all these major cities in the very places that were submerged. The U.S. Geological Survey created a scenario for this — the ARkStorm, it was called — and it showed that if we repeated the 1861 flood there would be something like $725 billion in damage to the state. It would be a major disaster.

So on the one hand we should be worried about a drought, but on the other hand we should be worried about a flood?

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 12 of 44

Workshop Memorandum No. 14-013 Page 5 of 5

Yes. If you look at the past, you realize that our climate is anything but reliable. We’ve seen these big fluctuations. Extreme droughts and extreme floods. My co-author and I wrote a couple review papers about that, but those weren’t going to be seen by the general public. They were for people in our field. And we thought we should try to bring this message out to the broader public. Because if you’re going to buy a house in the Central Valley, I think you should know about these floods. And we have to start assuming that we could go into one of these longer droughts and maybe start doing some serious conservation and rethinking of agriculture here.

If you look at the archaeological record, you see that the Native American population in the West expanded in the wet years that preceded those long droughts in the Medieval period. Then during the droughts, they were pretty much wiped out. There was the so-called Anasazi collapse in the Southwest about 800 years ago. In some ways, I see that as an analogy to us today. We’ve had this wetter 150 years and we’ve expanded. Now we’re using up all the available water, yet our population is still growing.

We’re vulnerable just like they were, but on an even larger scale.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 13 of 44

Capital Improvement Projects

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 14 of 44

Workshop Memorandum 14-014

Date: January 28, 2014

Subject: Status Report on the Digester Cover and Piping Replacement Project The Yucaipa Valley Water District operates and maintains four anaerobic digesters for sludge conditioning, each with a diameter of 45 feet and a side water depth of 22 feet, yielding a working capacity of approximately 262,000 gallons per digester. The digesters treat sludge drawn from both the primary clarifiers and from the dissolved air flotation thickeners. Digested sludge flows by gravity and can be stored temporarily in a sludge holding tank before being conveyed to the belt presses for dewatering. The digesters were last cleaned in 2005, in preparation for the latest treatment plant expansion. Generally, anaerobic digester cleaning is required every 8-10 years in order to remove the accumulated build-up of sand, grit, and other debris. During the cleaning process, the District assesses the condition of the digesters and related equipment. After conducting routine maintenance to the digester facility, extensive corrosion was found. On November 6, 2013, the Board of Directors approved a contract with RMC to assist in the cleaning and replacement of covers and piping that has been impacted with corrosion.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 15 of 44

Workshop Memorandum No. 14-014 Page 2 of 2

Initial Condition Assessment

Design• Complete by March

2014

Project Bid• May 2014• Award July 2014

Submittal Review• Complete by October

2014

Digester 1 & 2 Construction

• Complete by January 2015

Digester 3 & 4 Assessment

• Complete by March 2015

Final Record Drawings

• Complete by May 2015

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 16 of 44

Operational System Updates

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 17 of 44

Workshop Memorandum 14-015

Date: January 28, 2014

Subject: Overview of Emergency Sewer Interceptor Repair of the Protective Concrete Cover near Live Oak Canyon Road, Yucaipa

The Yucaipa Valley Water District operates a twenty-four inch (24”) clay sewer mainline upstream of Lift Station No. 1 southwest of the intersection of Interstate 10 and Live Oak Canyon Road. Inspections of this mainline identified a damaged concrete cover over the sewer interceptor that needed to be repaired.

The repair of the concrete blanket over the sewer interceptor is now complete. The purpose of this workshop item will be to provide information about the final repair.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 18 of 44

Workshop Memorandum 14-016

Date: January 28, 2014

Subject: Overview of Proposed Energy Efficiency Upgrades and Automated Demand Response Project

The Yucaipa Valley Water District operates a Supervisory Control and Data Acquisition (“SCADA”) system to control numerous functions at our water, sewer and recycled water sites. The District staff has been collecting information to enhance the functionality of the SCADA system to include information on energy use, real-time energy demands, and energy costs. This additional information will improve the overall efficiency of the District operations. Typically, a SCADA system consists of the following subsystems:

• Remote terminal units (RTUs)connect to sensors in the process and converting sensor signals to digital data. They have telemetry hardware capable of sending digital data to the supervisory system, as well as receiving digital commands from the supervisory system. RTUs often have embedded control capabilities such as ladder logic in order to accomplish boolean logic operations.

• Programmable logic controller (PLCs) connect to sensors in the process and converting sensor signals to digital data. PLCs have more sophisticated embedded control capabilities, typically one or more IEC 61131-3 programming languages, than RTUs. PLCs do not have telemetry hardware, although this functionality is typically installed alongside them. PLCs are sometimes used in place of RTUs as field devices because they are more economical, versatile, flexible, and configurable.

• A telemetry system is typically used to connect PLCs and RTUs with control centers, data warehouses, and the enterprise. Examples of wired telemetry media used in SCADA systems include leased telephone lines and WAN circuits. Examples of wireless telemetry media used in SCADA systems include satellite (VSAT), licensed and unlicensed radio, cellular and microwave.

• A data acquisition server is a software service which uses industrial protocols to connect software services, via telemetry, with field devices such as RTUs and PLCs. It allows clients to access data from these field devices using standard protocols.

• A human–machine interface or HMI is the

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 19 of 44

Workshop Memorandum No. 14-016 Page 2 of 6

apparatus or device which presents processed data to a human operator, and through this, the human operator monitors and interacts with the process. The HMI is a client that requests data from a data acquisition server.

• A Historian is a software service which accumulates time-stamped data, boolean events, and boolean alarms in a database which can be queried or used to populate graphic trends in the HMI. The historian is a client that requests data from a data acquisition server.

• A supervisory (computer) system, gathering (acquiring) data on the process and sending commands (control) to the process.

• Communication infrastructure connecting the supervisory system to the remote terminal units.

• Various process and analytical instrumentation. Source: http://en.wikipedia.org/wiki/SCADA

By upgrading the SCADA system for energy management functionality, the District will be able to participate in the Automated Demand Response Program with Southern California Edison. SCE’s Auto-DR program allows the District to automate our energy-saving initiatives. Through the use of this technology, load reduction is automatic and reliable, thereby maximizng our participation in Demand Response programs and capitalizing on program rebates.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 20 of 44

Workshop Memorandum No. 14-016 Page 3 of 6

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 21 of 44

Workshop Memorandum No. 14-016 Page 4 of 6

The District staff has solicited proposals from partners to assist with the development of this program. The project team that will provide the best value to the District includes: Honeywell Utility Solutions and Qversa. The estimated costs for the project and anticipated funding sources are summarized below.

Automated Demand Response Project - Financial Summary Task 1: SCADA Hardware and Software Upgrades - Qversa $65,200 Task 2: SCADA to ADR JACE Gateway Interface - Qversa $7,500 Task 3: Power Monitoring Equipment at ADR Sites - Qversa $76,500 Task 4: Power Monitoring at Non-ADR Sites (14 Sites) - Qversa $125,300 ADR DRAS Programming, Gateway, Meter & PLC Interface - Honeywell $49,500 Engineering and Technical Audit - Honeywell $6,750 Project Maangement and Technical Coordination $14,750 Project Commissioning and Close Out $4,800

Estimated Project Costs $350,300 Reservation of Funds from SCE Techncical Incentive ($286,200) Department of Energy Smart Grid Investment Grant ($10,400)

Estimated Net Contribution - Yucaipa Valley Water District $53,700

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 22 of 44

Workshop Memorandum No. 14-016 Page 5 of 6

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 23 of 44

Workshop Memorandum No. 14-016 Page 6 of 6

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 24 of 44

Development Projects

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 25 of 44

Workshop Memorandum 14-017

Date: January 28, 2014

Subject: Amendment No. 1 to Development Agreement No. 2012-06 for Tract No. 30386 with Highpointe Communities and Development Agreement No. 2013-0x with Richmond American Homes for the Development of 65 Residential Homes within Tract No. 30386

On November 7, 2012, the Board of Directors approved a develoment agreement for a proposed development of 211 residential homes (Tract No. 30386) located easterly of the Calimesa County Club and west of Singleton Road, Calimesa. The original development agreement was with Highpointe Communities. Highpointe Communities recently sold 65 lots to Richmond American Homes which are highlighted in the illustration below as the yellow shaded lots.

The original development agreement will not be assigned to Richmond American Homes since there are facilities and obligations that need to be completed by Highpoint Communities. Instead, a new development agreement is being drafted for the 65 lots purchased by Richmond American Homes, and an amendment will be executed with Highpointe Communities reflecting the lots purchased by Richmond American Homes. Both agreements will be presented at the board meeting for consideration on February 5, 2014.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 26 of 44

Workshop Memorandum No. 14-017 Page 2 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 27 of 44

Workshop Memorandum No. 14-017 Page 3 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 28 of 44

Workshop Memorandum No. 14-017 Page 4 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 29 of 44

Workshop Memorandum No. 14-017 Page 5 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 30 of 44

Workshop Memorandum No. 14-017 Page 6 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 31 of 44

Workshop Memorandum No. 14-017 Page 7 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 32 of 44

Workshop Memorandum No. 14-017 Page 8 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 33 of 44

Workshop Memorandum No. 14-017 Page 9 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 34 of 44

Workshop Memorandum No. 14-017 Page 10 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 35 of 44

Workshop Memorandum No. 14-017 Page 11 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 36 of 44

Workshop Memorandum No. 14-017 Page 12 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 37 of 44

Workshop Memorandum No. 14-017 Page 13 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 38 of 44

Workshop Memorandum No. 14-017 Page 14 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 39 of 44

Workshop Memorandum No. 14-017 Page 15 of 15

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 40 of 44

Administrative Issues

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 41 of 44

Workshop Memorandum 14-018

Date: January 28, 2014

Subject: Ordinance xx-2014 Establishing a Local Government Claims Policy and Requirements for Claims Against the District

District Legal Counsel has prepared the attached ordinance establishing the District's local claim requirements for claims against the District that are not covered by the Government Claims Act. Those excepted claims include claims against the District by other public agencies, including cities and counties, and claims for refunds of taxes, fees and charges, and class action claims. The District staff will be presenting this ordinance for consideration at the next board meeting.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 42 of 44

Workshop Memorandum No. 14-018 Page 2 of 3

ORDINANCE NO. XX-2014

AN ORDINANCE OF THE YUCAIPA VALLEY WATER DISTRICT ESTABLISHING THE LOCAL GOVERNMENT CLAIMS POLICY AND

REQUIREMENTS FOR CLAIMS AGAINST THE DISTRICT WHEREAS, Yucaipa Valley Water District (the “District”) is a public agency of the State of California organized and existing pursuant to California’s County Water District Law under Section 30000 et seq. of the Water Code; and WHEREAS, pursuant to Section 935 of the California Government Code (“Government Code”), claims against a local public entity for money or damages which are excepted by Section 905 of the Government Code, and which are not governed by any other statutes or regulations expressly relating thereto, shall be governed by this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Board of Directors of the Yucaipa Valley Water District, as follows: Section 1. Claims Required All claims against the District for money or damages not otherwise governed by the Government Claims Act, Government Code, Sections 900 et seq., or another state law, or otherwise excepted from that Claims Act by Section 905 of the Government Code, shall be presented within the time, and in the manner, prescribed by Government Code, Section 900 et seq., as those provisions now exist or shall hereafter be amended, and as further provided by this Ordinance. Section 2. Form of Claim All claims shall be made in writing, verified and signed by the claimant or his or her guardian, conservator, executor or administrator. No claim may be filed on behalf of a class of persons unless verified and signed by every member of that class as required by this Section. In addition, all claims shall contain the information required by Government Code, Section 910. Section 3. Claim Prerequisite to Suit In accordance with Government Code, Sections 935(b) and 945.6, all claims shall be presented as provided in this Ordinance and acted upon by the Board of Directors of the District prior to the filing of any action on such claims, and no such action may be maintained by a person who has not complied with the requirements of this Ordinance. Section 4. Suit Any action brought against the District upon any claim or demand shall conform to the requirements of Sections 940-949 of the Government Code. Any action brought against any employee of the District shall conform with the requirements of Sections 950-951 of the Government Code.

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 43 of 44

Workshop Memorandum No. 14-018 Page 3 of 3

Section 5. Effective Date This Ordinance shall become effective immediately upon its adoption. Adopted and enacted this 5th day of February, 2014. YUCAIPA VALLEY WATER DISTRICT By _____________________________________ BRUCE GRANLUND, President of the Board of Directors ATTESTED: __________________________________ JOSEPH B. ZOBA, General Manager and Secretary of the Board

Yucaipa Valley Water District Board Workshop - January 28, 2014 - Page 44 of 44