Sacramento County Grand Jury • 2021-2022 • Agency Response
Response to: Sacramento County Grand Jury Status Review: Del Paso Manor Water District

the District

Published: June 16, 2022 172 pages
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Findings and Recommendations 5 findings

F1
The DPMWD Board of Directors has responded to and agreed with each of the eight
Related Recommendations (1)
R1
The DPMWD should complete in earnest a full analysis of the 2009 Water District Master Plan, as was the original intent of the HydroScience Engineering contract to complete a Master Plan Update. This should incorporate all short, mid, and long- range repair and replacement needs with well-defined costs. Response to R1. This District respectfully disagrees. However, the District believes that the update to the Technical Memorandum by HydroScience accomplishes Recommendation No. 1. At its January 2022 board meeting, the District authorized HydroScience to complete the Technical Memorandum with the assistance and input from the General Manager and Forsgren, the District's engineer. HydroScience committed to completing its updates in early May 2022. However, the District did not receive the final version of the Memorandum until Sunday, June 12, 2022. The delay in receiving this document necessarily had a domino effect on the District's ability to move forward with other aspects of the Proposition 218 process. It is only after having received the final Technical Memorandum on June 12, 2022 that Forsgren Engineering has been able to move forward from its preliminary work and begin to draft a Capital Improvement Plan for the District. Using those documents, a rate consultant can then begin to prepare the rate study. Once the District has an understanding of what the rates will be, it will develop an informational campaign to educate residents of the proposed rate increase, the need for improvements, the timeline for the adoption of rates, and the protest hearing. To this end, the Board of Directors authorized staff to seek a public relations firm at its May 16, 2022 meeting. The District disagrees that a full Master Plan update is warranted. In fact, the District believes that such endeavor would be an unnecessary cost to ratepayers and delay the Prop. 218 process. The existing Master Plan was in need of updates, as it related to upgrading source of supply infrastructure. However, a full review was unnecessary given that the District is, and was, fully built out at the time the initial Master Plan was adopted, and there are no new facts or any change in circumstances other than the moving Well 8 to "standby" status, moving Well 3 to 15 day use, and having Well 6 re-drilled to reduce Manganese levels. The updated Technical Memorandum will be used by the proposed rate consultant to develop short-term, medium-term, and long-term repair and replacement needs and their relative costs. Again, due to factors outside the control of the District and the delay in receiving the final Technical Memorandum, we believe the rate study will be completed sometime around fall 2022. It is important to note that there are extreme supply chain issues resulting from COVID and the war in Ukraine. As such, even if the District was positioned to proceed on improvements and had a budget, costs are volatile and subject to flux on a daily or even hourly basis. This has been true of existing projects where suppliers have committed to honoring prices for windows of "three hours." 2200131.6 14685-004 Hon. Michael Bowman, Presiding Judge Re: Del Paso Manor Water District Grand Jury Report June 16, 2022
F2
The DPMWD Board of Directors is meeting the requirements of the Ralph M. Brown Act and Public Records Act with regard to providing public meeting agendas, minutes, and board packets in a timely manner. They have also conducted Brown Act training, as recommended by the Grand Jury. Response to F2. We agree with this finding. 2200131.6 14685-004 1817 Maryal Drive, Suite 300, Sacramento, CA 95864 Phone: (916) 487-0419 Fax: (916) 487-8534 www.delpasomanorwd.org Hon. Michael Bowman, Presiding Judge Re: Del Paso Manor Water District Grand Jury Report June 16, 2022
Related Recommendations (1)
R2
The DPMWD should continue to work with the Sacramento Local Agency Formation Commission to complete a new Municipal Service Review in 2022, in alliance with a timeline developed and provided to the Grand Jury. Response to R2. This recommendation will be implemented by LAFCO and the District. Specifically, the District commits to the following timelines and actions: LAFCO advised on May 16, 2022 during public comment at the regularly scheduled Board meeting that it had selected the consultant that will perform the MSR. The review is anticipated to be performed over the summer and early fall, with a report issuing in November 2022. Depending on the District’s Proposition 218 schedule and hearing date, LAFCO may delay issuing the report until the results of the rate- setting hearing are known.
F3
The Sacramento Local Agency Formation Commission has agreed to conduct a new Municipal Service Review in coordination with the DPMWD, providing a timeline for completion in 2022. Response to F3. We agree with this finding. During the course of 2022, the District’s General Manager, Alan Gardner, has had a number of conversations with the Executive Director of the Sacramento Local Agency Formation Commission ("LAFCO"), Jose Henriquez. Two of the meetings included Board President Ryan Saunders, and one included Board Vice President Osmar Macias. We shared status updates of the District and planned Operations and Maintenance and Capital improvements projects. On May 12, 2022, the General Manager also provided an 11-page list of what had been accomplished since October 2021, a copy of which is attached (See Attachment 1.) During the May 16, 2022 Regular Board meeting, Executive Director Henriquez shared that he retained the consultant that will conduct the Municipal Service Review ("MSR"). The MSR is currently intended to conclude in approximately November, but could be extended to include the results of the District’s Proposition 218 rate setting, currently planned for approximately December 2022.1
Related Recommendations (1)
R3
The DPMWD should develop and publicize its own Action Plans with timeframes for the Municipal Service Review and Proposition 218 process to secure voter approval of necessary rate increases. Response to R3. This recommendation was implemented on May 16, 2022. At that meeting, the General Manager and LAFCO Executive Director announced the progress of the MSR. While the MSR is outside the scope of the District's responsibilities, the District has committed to working cooperatively with LAFCO, and had its initial meeting with the President on June 14, 2022. The MSR is expected to begin on or before August 2022, consistent with the District and LAFCO's earlier response to the Grand Jury Report. This information was identified and made public as part of the agenda packet that disclosed the District's response to recommendations and findings, and also when that document was published on the District's website. (See https:// www.delpasomanorwd.org/files/aa1233585/2022-02-02--FINAL-- DPMWD+Response+to+Grand+Jury.PDF.) Furthermore, the General Manager provides periodic updates to the Board in his oral reports at Board meetings and provided updates on May 16, 2022 and June 6, 2022. As indicated throughout the responses herein, the District only received the completed update of the Technical Memorandum from HydroScience on June 12, 2022. With this milestone complete, Forsgren Engineering will develop the Capital Improvement Plan that will position the District to work on the rate study. To this end, the District, at the same Board meeting, authorized staff to retain a professional public relations firm to assist with public outreach and education.
F4
The DPMWD Board of Directors has agreed to initiate a Proposition 218 process to address a rate increase for needed infrastructure improvements. Response to F4. We agree with this finding. The District recognizes the need for a Proposition 218 study and rate setting to fund critical infrastructure improvements. On multiple occasions, during the "General Manager Report" section of the District's public meeting agenda, the General Manager has reported the progress of such process. The District Engineer has prepared a Gantt Chart planning out the anticipated steps to complete the Proposition 218 rate setting procedures. (See Attachments 2A-C.) Notwithstanding the foregoing, and as demonstrated in the Grand Jury's Findings and
Related Recommendations (1)
R4
The DPMWD should develop a strategic communications planning effort to regularly interact with its ratepayers through a variety of direct outreach efforts to ensure constituencies are informed of actions and associated costs to ensure a safe water supply. Response to R4. This recommendation requires further analysis. 2200131.6 14685-004 Hon. Michael Bowman, Presiding Judge Re: Del Paso Manor Water District Grand Jury Report June 16, 2022 The District has authorized staff to issue a Request for Proposals for a public relations firm. The extent of any contract, while necessary, is contingent upon availability of funds. Notwithstanding the foregoing, staff has and will continue to publish important timelines, documents, and other notices on the District's website, and as part of the agenda for each public meeting. The Board has also taken action to increase its regular meetings to twice a month, in order to limit special meetings. This process will enhance public awareness and transparency since regular meetings are known in advance and require greater noticing requirements. The General Manager contacted the NextDoor platform on or around May 3, 2022 to create a public agency account for the purpose of disseminating District business to its residents, and also intends to submit public information releases to the local biweekly community paper. The General Manager will also orally update the Board and public regarding the Proposition 218 progress at board meetings, from time to time.
F5
Although the DPMWD Board of Directors has publicly agreed with the
Related Recommendations (1)
R5
In the absence of a meaningful response by local leaders and agencies, the DPMWD should look for opportunities at the state and federal levels for funding resources which might help to alleviate the financial hardships confronting its ratepayers. Response to R5. This recommendation has been implemented, but is also an ongoing endeavor. Even prior to the Grand Jury's recommendation, District staff has been working to find alternative funding mechanisms. For example, the General Manager is seeking a hardship waiver from the County to offset the costs for repairs to Wells 2 and 7 because of the high fees to cycle the wells to either the storm drain or sewer systems. Furthermore, staff has been made aware of the State's portal to research grant opportunities. (See Attachment 4, email from General Counsel to General Manager dated April 11, 2022.) The District has applied for the California Low Income Household Water Assistance Program, which allows low-income households an opportunity for assistance in paying water rates. The General Manager has also: reviewed funding opportunities under the new federal infrastructure bill; attempted to access one of the fifteen earmarks obtained by our Congressman; is reviewing State Revolving Fund principal forgiveness loans for hazard mitigation; and is reviewing FEMA hazard mitigation opportunities to restore to use Wells 3 and 8. Finally, on May 16, 2022, the Board of Directors approved a contract with Renne Public Policy Group to assist the District in researching, analyzing, and applying for grants to alleviate financial hardships confronting its ratepayers. This is also beneficial in gaining ratepayer support because it demonstrates a commitment by the Board to seek alternative funding sources to mitigate significant water rate increases. 2200131.6 14685-004 Hon. Michael Bowman, Presiding Judge Re: Del Paso Manor Water District Grand Jury Report June 16, 2022

Conclusions 39