san joaquin county board of supervisors communications meetings/agendas... · san joaquin county...
TRANSCRIPT
SAN JOAQUIN COUNTY BOARD OF SUPERVISORS COMMUNICATIONS
PUBLIC WORKS - May 20, 2014
FROM SUBJECT PROPOSED ACTION l. Tammy Pickens, Public Participation Request for Patlicipation in Gathering and l. COB to receive and file.
Specialist, California Department of Toxic Assessing Community Interest as Pati of the 2. Copy to PW Director for appropriate Substances Control. Public Participation Program relating to the action.
Investigation and Cleanup at Cal Post & Pole 3. Copy to CAO and CC. site in Acampo, CA.
2. Darren Cordova, MBK Engineers Garden Highway Mutual Water Company l. COB to receive and file. Petition for Change Involving Water Transfer 2. Copy to PW Director for Information. Under License 2033 (Application 1699) 3. Copy to CAO and CC.
3. John Chiang, California State Controller. San Joaquin County Audit Repoti April 2014 I. COB to receive and file. for the Road Fund, for the period of July I, 2. Copy to CAO and Cc. 2010 - June 30, 2011.
4. Alvin Cotiopassi, President, Stockton East Second Amended Contract Base Monthly I. COB to receive and file. Water District. Payment. 2. Copy to CAO and cc.
Page 1 of 1
-.. .... • 0·· . • •
Department of Toxic Substance antral ~ . " @~"" .':"" ' "
. . .
Matt Rodriguez Secretary for
Environmental Protection
April 21 ,2014
Dear Community Member:
Deborah O. Raphael. Direc.Jp 8800 Cal Center DrJlte""
-" \~
Edmund G. Brown Jr.
Sacram·ento. California 95826-3200 Governor
S.JC BOARD OF SUPERVISORS ~OMMUNICATI9NS #~/,--_ _ c~ ! e gory --::-_ ;:;f:!,-:-,-IW-'--..;r:;:-:-t':':"-:--130ard Meeting Date '51£lojJLf
The Department of Toxic Substances Control (DTSC) is overseeing the investigation and cleanup at Cal Post & Pole site (Site) located at 22832 North Highway 99 Frontage Road in Acampo, San Joaquin County, California. The Site is a 3.34 acre parcel, currently a fenced vacant lot being used by CDL Truck Solutions for truck sales. The Site consist of one trailer style office building, the caretaker's trailer home, one metal building of approximately 3,000 square feet, a water supply well and a septic tank.
The Site formerly operated as wood treating facility that consisted of dying and treating wood poles. The treated wood was processed in an autoclave and drip dried over a concrete slab. The wash water generated from the process was stored in a concrete pit and then reused in the process. Copper sulfate, arsenic acid and sodium bichromate are the chemicals used in the treatment process. The chemicals were stored in several tanks and drums. All the structures and tanks associated with the former wood treating operations have been removed .
Environmental investigations conducted at the Site have detected the presence of arsenic, chromium and copper in the soil at the Site. The release from the wood treatment operation has been identified by DTSC as the source of the contamination in the soil. DTSC is overseeing the investigation of the nature and extent of the contamination.
We are requesting your participation in gathering information and assessing community interest as part of our Public Participation Program. Your response to the enclosed Community Survey will help DTSC determine the level of community interest and help determine future community outreach activities.
For questions regarding the Community Survey, contact Tammy Pickens, Public Participation Specialist, at (916) 255-3594, 1-866-495-5651 toll free, or [email protected]. For general project questions, contact Cindy Chain-Britton, Project Manager, at (916) 255-3851, or [email protected]. For all media related questions contact Tamma Adamek, Public Information Officer, at (916) 324-2997, or [email protected] .gov. Please complete and return the enclosed Community Survey by May 8, 2014.
Sincerely,
Tammy Pickens DTSC Public Participation Specialist
@ Printed on Recycled Paper
(~OUNDA~~Q QUARTER-MILE RADIUS
LOCATIONS OF SURROUNDING RESIDENCES
22832 NORTH HIGHWAY 99 FRONTAGE ROAD ACAMPO, CA
FIGURE
3
FNllU3IRADIUS
Department ofToxic Substances Control April 2014
The mission of DTSC is to protect California 's people and environment from harmful effects of toxic substances through the restorat(on of contaminated resources, enforcement. regulation and pollu tion preven tion.
CAL POST & POLE SITE Please return your completed survey to: Tammy Pickens, Public Participation Specialist:
8800 Cal Center Drive, Sacramento California 95826 by May 8, 2014.
1. Please check the box, which decribes your current knowledge about this site.
o I do notknow anything about this site.
o I have heard about this site but have litde or no information on them.
o I know a lot about this site.
2. Select your interest le"el regarding dus site and receiving in formation about tlus site.
o Unsure if I am interested or not.
o No interest. D o not want information about this site.
o Some interest. Interes ted in hearing or reading more 'about tlus site.
o I am very interested. I would read information mailed to me and talk to people about tlus site.
3. Select your willingness to attend a meeting regarding this site and if you have attended public meeting on issues that concern you.
o I would attend a meeting.
o I nilght attend a meeting if it was convenient for me.
o I would not attend a meeting.
o N ever 0 1-2 times o 3-5 o More than 5 times
4. What is your language need for receiving information about this site?
o English 0 Spanish 0 Other ___ _ _ _ _____ _ _
5. \1(1e want to tell you more about this site. What is the best way for you to receive information?
o US Postal Service - Printed material and/or letters.
o Electronic Version - Read via Email or Website
o Newspaper. - What newspaper do you read? _______ ___ _ _ ____ ___ _ _
o Radio. - What radio station do you listen to? _ ________ _ ___ _____ ___ _
o Community meetings. -
o Weekday
When is the best time for you to attend?
o Weeknights o Weekends
6. We sometimes need to talk with community members to learn more. Would you be willing to talk ,vith us?
D Yes 0 No (Use spu<' plvvided ill qllestioll #9.)
(aI/EPA DTSC Slate of California e
7. Is there an active community group or individual(s) in your neighborhood that we should add to our mailing list?
Please provide us with the following information: Name
Address __________________________________________________________ ~ ____ __
City, State, Zip Code ___________________________________ _
Tdephone: _____________ Email: _________________ __
8. Please feel free to add any other cominents you may have about the site or regarding public participation.
9. If you would like to receive information regarding this Site, please complete the information below.
Select the box bdow to indicate if you want to be added, removed, or just update your current information.
o Add me to Mailing List 0 Update my information 0 Remove me for the Mailing List
You may also request to receive $ite information via email only by checking this box o EmaiiOnly
Name ________________________________________________ ~------------------___
Address ________________________________________ ~----------------------------
City, State, Zip Code ________________ ~-------------------'-----
Tdephone: __________________ Email: _____________________ __
Note: ff7hilc the lJIailillg list is ,ro!clYfor DTSC to keCP)'OIl il!fOrlJled of 0111' activities at this site, the list is a pllb(k n?t'orri allr/, if reqllcstcrl, liN!}
be s/t!:!iect to release.
We appreciate the time you have taken i~ till out this survey for us.· If you have questions or concerns rega~ding this site, please contact the project team:
Tammy Pickens Cindy Chain-Britton
Public Participation Specialist Project Manager
8800 Cal Center Drive 8800 Cal Center Drive
Sacramento, Califomia 95826 Sacramento, California 95826
(866) 495-5651 and/or (916) 255-3594 (916) 255-3851
Tammy,[email protected],gov [email protected]
More Site information and documents can be found on DTSC EnviroStor Database System at:
htt\?: / / ww\v.envirostor.dtsc.ca.gov / public/,
Matt Rodriguez Secretary for
Environmental Protection
Abril 21, 2014
.-..... ..... • Department of Toxic Substances Control
Deborah O. Raphael, Director 8800 Cal Center Drive
Sacramento, California 95826-3200
Estimado Miembro de la Comunidad:
Edmund G. Brown Jr. Governor
EI Departamento de Control de Sustancias T6xicas (DTSC, por sus siglas en Ingles) esta supervisando la investigaci6n y la limpieza en Cal Post & Polo sitio (sitio) situado en 22832 North Highway 99 Frontage Road en Acampo, San Joaquiri County, California. EI sitio es una parcela de 3,34 hectareas, en la actualidad un solar vallado siendo utilizado por CDL Truck Soluciones para la venta de camiones. EI sitio consta de la construcci6n de un estilo de oficina remolque, remolque casa del cuidador, una construcci6n de metal de aproximadamente 3,000 pies cuadrados, una fuentede agua de pozo y un tanque septico.
EI sitio que antes funcionaba como centro de tratamiento de la madera, que consistia en la muerte y el tratamiento de los postes de madera. La madera tratada se proces6 en un autoclave y de goteo se sec6 sobre una los a de hormig6n. EI agua de lavado generada a partir del proceso se almacena en una fosa de hormig6n y luego volver a utilizar en el proceso. EI sulfato de cobre, acido arsenico y bicromato de sodio son los productos qufmicos utilizados en el proceso de tratamiento. Los productos qufmicos se almacenan en varios tanques y tam bores. Se han eliminado todas las estructuras y tanques asociados con las operaciones de tratamiento de madera antiguos.
Las investigaciones ambientales realizadas en el sitio han detectado la presencia de arsenico, cromo y cobre en el suelo del sitio. La liberaci6n de la operaci6n de tratamiento de la madera ha side identificado por el DTSC como la fuente de la contaminaci6n en el suelo. DTSC esta supervisando la investigaci6n de la naturaleza y el alcance de la contaminaci6n.
Estamos solicitando su participaci6n en la recolecci6n de informaci6n y la evaluaci6n de los intereses de la comunidad como parte de nuestro Programa de Participaci6n Publica. Su respuesta a la Encuesta de la Comunidad adjunta Ie ayudara DTSC determinar el nivel de interes de la 'comunidad y ayudar a determinar las futuras actividades de extensi6n a la comunidad.
Si tienes preguntas sobre la Encuesta de la Comunidad , en contacto con Tammy Pickens, Especialista en Participaci6n Publica, al (916) 255-3594, 1-866-495-5651 al numero gratuito, 0
[email protected]. For general project questions, contact Cindy Chain-Britton, Project Manager, at (916) 255-3851 , 0 [email protected]. ra todas las preguntas relacionadas con los medios de contacto Tamma Adamek, Public Information Officer, al (916) 324-2997, 0
[email protected]. Por favor complete y devuelva la Encuesta sobre la Comunidad cerrada.el 8 de mayo de 2014.
Sincerely,
\ CJ....,.....~c.:x. .. Q_f'~ Tammy Pickens DTSC Especialista de Participaci6n Publica
fj) Printed on Recycled Paper
6 0UND At.~~Q QUARTER-MILE RADIUS
LOCATIONS OF SURROUNDING RESIDENCES
22832 NORTH HIGHWAY 99 FRONTAGE ROAD ACAMPO, CA
FIGURE
3
FNr 11131RADUJS
Departamento del Control de Substancias Toxicas - Hoja de Datos abril2014
La mision del DTSC es de proteger a los residentes de California y 01 media ambiente de los efectos nodI/os de sUbstancias foxicas alravez de 10 reslauracion de recursos contaminados, 10 oplicacion de regulaciones. y 10 prevencion de 10 contaminacion.
CAL POST & POLE SITE
Por favor devuelva su encucsta completada a: Tammy Pickens, especialista de participaci6n publica:
8800 Cal Center Drive, Sacramento California 95826 par 08 de mayo de 2014.
1. Por favor indique su conocinuento actual respecto a estc Sicio.
o o o
No se nada respecto a este Sitio.
He aido alga respecto a cste Sitio perc tengo muy paca 0 casi nada de informaci6n sabre eL
Se mucho acerca de estc Sitio.
2. Por favor indique euan interesado (a) csta usted en estc Sitio.
o o o o
No se nada acerca de este Sitio y no pod ria decirle si estoy interesado 0 no.
No tengo ningun interes. No me interesaria recibir informaci6n acerca de este Sitio.
Estoy poco interesado. Mc interesaria saber 0 leer mas respecto a este Sirie.
Estey lnuy interesado. Yo leeria la informaci6n que se me envie por correo y de esa manera conversar
con la gente acerca de este Sitio
3. Par favor indique si estaria dispuesto (a) a asiscir a una reunion sabre este Sirio.
o o
o
No asistitia a una reunion.
Si me convienc, podria asistir a una reuni6n.
Asistirfa a una reuni6n. ~Cmtntas veces ha asistido a una reuni6n publica respecto a un asunto que Ie interesa?
NUl1ca 1-2 veces 3-5 veces Mas de 5 veces
4. Prefiere al#n idioma en paR-cular para recibiPinformaci6n ace~ca de este S~t:io? o Ingles o Espanol o Otro ____ ___ _____ _ _
5. ~Cual es la mejor manera para recibir informacion? (Seleccione todos los que se aplican.)
Servicio Correo Postal US - Materjal impreso y/o cartas.
Versi6n Electr6nica - Para leer pOl' Email 0 sitio en la red Internet
o Pcri6dico - ~Cual peri6dico acostumbra leer?
Radio Emisora - ~Cmil radio em.isora escllcha?
§ Reuniones Comunitarias - ~Cual es el mejor lnomento para asistir? _ _ _ __________ _
Durante el dia o Al atardecer o Sabados
o
(a1!EPA om State of(alifolOia e
Departamento del Control de Sub,tanda, To)(i,a, -11oja de Datos
6. Algunas veces necesitamos conversar con los miembros de Ia comunidad para intcriorizarnos 1uejor. (Estaria
dispuesto a conve~sar con nosotros?
D Si-)o~C6mo podemos contactarnos con Ud?
(use el espacio en la pregunta #9)
o No
7. ~Con.oce a algilll grupo COlllUtlltarlo activo 0 a alguien en su vecindario que podrfamos agregar a nuestra lista de
direcciones? POt favor indique su (s) nombres y Ia ciudad clande residen mas abajo asf podremos contactarlos:
Nombre: ______________________________________________________________________ _
DOnllcilio: ____________________________________________________________________ _
Numew de telefont>: ___________________________ Email: ______ -----------------------
8. Por favor agregue cualquier otro comentario respecto al Siria 0 a la participaci6n publica.
9. Si a usted Ie gustaria recibit infof1naci6n sobre este sitio, por favor complete la siguientc informacion.
Seleccione la casilla de abajo para indicar si desea que se Ie afiada, elirnine, 0 simplemente actualizar su
informaci6n actua1.
o Me Aiiadir a la lista de correo 0 Actualizar mi infonuaci6n 0 Me retire la lista de correo
Tambien puede solicitar recibir informaci6n del sitio a haves de correo electr6nico s6lo lnarcando esta casilla
o Correa Solo
N01nbre: ____ ~ ________________ ~ __________________________________________________ __
DOnUcilio: ____________________________________________________________________ __
Numero de telefono: ___________________________ Email: ______________________________ _
Nota: No obstallte /a lisla de direcdollcs (;1 so/a/llmle para qlle DTSC. !tJ IlJollleJIga il!forllIodo de 111m/raJ actividtldes, fa iista es WI dOtll/mlllo p,;b/ico por 10 que sf .re
solid/asc, podlie! estor Jlfjeta a SJJ divlflgacirfJl.
Les estalll0S muy agradecidos se haya tamada la molestia en completar esta encuesta. Si desea fomuIar alguna pregunta
o expresar alguna inquietud respecto a este Sitio, por favor contacte al equipo a cargo del proyecto:
Tammy Pickens
Especialista de Participaci6n Publica, DTSC
8800 Cal Center Drive
Sacramento, California 95826
(916) 255-36510 (866) 495-5651 (sin costa) 'l'[email protected]
Cindy Chain-Britton
Gerente de Proyecto, DTSC
8800 Cal Center Drive
Sacramento, California 95826
(916) 255-3851
AVISO A PERSONAS CON UMITACIONfS AUDITlVAS: Resjdenles que usan el TTY, el Servido de Refevo, favor de lIamar af H77-735-2929 (I al (711) Favorver la informacion para hacer <ontacto at final de este reporle.
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3~N.LSOd ON __ JlIJJl __ STATE OF CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL
SACRAMENTO REGION 8800 CAL CENTER DRIVE SACRAMENTO, CA 95826-3200
e Tammy Pickens Cal Post & Pole
BOARD OF SI.IPElfWlSORS
i1.PR212014·
RECEIVED
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Bob Elliott
U.s. POSTAGE»P1TNEYBOWES
.==-""""" ZIP 95627 Ij: fI.on C:-9- 0 021W ",'J\J"v=Y
. 000"1378170APR 18.2014
Chairman, San Joaquin Board of Supervisor District 44 North San Joaquin Street Sixth Floor Suite 627 Stockton, CA 95202
95202$293·i C.C.04· + Ii I' h I'iii Iii, I"." 1111"1.1i1/III'HI,IIII.li oJ.II,j. '!l11
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Water Resources • Flood Control • Water Rights GILBEHTCOSIO, Jlt, P.E. MAke VANCAMP, P.E. WALTER BOURllZ, lIT, P .E . RIC REINHAKDT, P.E. GARY KmNUoN, P.E. D QN T RIEU, P.E. DARREN CORDOVA, P .E. NATHAN HERSHEY. P,E., P.L.S. Um G. BERGJ:F.I ... D, P.E.
SJC BOARD OF SUPERVISORS COMMUNICATIONS #---=~~_ Category ~j?~W~~-;::-.-:;:;-~77i"Board Meetillg Date S I ~o I t'i
Ms. Barbara Evoy, Deputy Director Division of Water Rights State Water Resources Control Board P.O. Box 2000 Sacramento, CA 95812-2000
May 1, 2014
ANGUS N ORMAN MURRAY
1913-1985
CONSU1.TANTS:
JOSEr" 1. BURNS, P.E. DONALD E. KIF.NLEN. P.E.
BOARD OF SUPERVISORS
MAY 06 2014
RECEIVED
Subject: Garden Highway Mutual Water Company Petition for Change Involving Water Transfer under License 2033 (Application 1699)
Dear Ms. Evoy:
On behalf of Garden Highway Mutual Water Company (Company), enclosed are the following documents relative to a Petition for Change Involving Water Transfer (Petition) under the Company's License 2033 (Application 1699):
1. Petition for Change Involving Water Transfers Form with Attachment (one original and one copy).
2. Environmental Information Form with Attachment (one original and one copy). 3. Check in the amount of $4,247.00 to cover the Petition fees. 4. Check in the amount of $850 to cover the fee for the Department of Fish and
Wildlife.
The Company is petitioning to temporarily add points of diversion, point of rediversion, place of use, and purposes of use to its License 2033 in order to transfer up to a total of 7,500 AF to the San Luis & Delta-Mendota Wliler Authority (Authority) by groundwater substitution. The Company's Petition and proposed 2014 Water Transfer are consistent with the Governor's State of Emergency Drought Proclamation dated January 17, 2014 and subsequent Proclamation of a Continued State of Emergency dated April 25, 2014. As indicated in the Governor's April 25, 2014 Proclamation, the 30-day comment period required by Water Code Section l726(f) is suspended and a IS-day comment period is to be provided for temporary water transfers under Water Code Section 1725, which includes this Petition. As you are aware, time is of the essence to process this Petitio II for the implementation of the water transfer to the Authority; and we appreciate your attention to this Petition.
1771 Tlibule Road, Suil l!. A • Sacramenro, Califomia 9.5815 • Phone: (916) 456-4400 • Pax: (9 16) 456-0253 • Web~ite: www.mhl.cngilleers.com
Barbara Evoy Petition for Change Involving Water Transfer
Please call if you have any questions or require additional information.
Darren Cordova ABide 287S.l41DRAFT BARBARA EVOY OS.O\ .2014
Enclosures
cc: Al Montna, Garden Highway MWC Nicole Van Vleck, Garden Highway MWC Andrew Hitchings, Somach, Simmons & Dunn Kathy Mrowka, Division of Water Rights Nancy Qmin, DWR SWPAO Chris Bonds, DWR Central District Brad Hubbard, U.S. Bureau of Reclamation Elizabeth Lee, CVRWQCB (via certified mail) Paul Forsberg, Department of Fish and Wildlife (via certified mail) Board of Supervisors, County of Fresno (via celtified mail) Board of Supervisors, County of Kings (via certified mail) Board of Supervisors, County of Merced (via certified mail) Board of Supervisors, County of San Joaquin (via certified mail) Board of Supervisors, County of San Benito (via certified mail) Board of Supervisors, County of Santa Clara (via certified mail) Board of Supervisors, County of Stanislaus (via certified mail) Board of Supervisors, County of Sutter (via certified mail)
May 2, 2014 Page 2
Please indicate County where your project is located here:
Sutter
MAIL FORM AND ATTACHMENTS TO: State Water Resources Control Board
DIVISION OF WATER RIGHTS P.O. Box 2000, Sacramento, CA 95812-2000
Tel: (916) 341-5300 Fax: (916) 341-5400 http://www.waterboards.ca.gov/waterrights
PETITION FOR CHANGE INVOLVING WATER TRANSFERS
Separate petitions are required for each water right. Mark all areas that apply to your proposed change(s). Incomplete forms may not be accepted. Location and area information must be provided on maps in accordance with established
requirements. (Cal. Code Regs., t'It. 23, § 715 et seq.) Provide attachments if necessary.
~ Point of Diversion Wat. Code. § 1701
D Temporary Urgency Wat. Code, § 1435
~ Point of Rediversion Wat. Code. § 1701
I)(' Temporary Change 161 Wat. Code, § 1725
~ Place of Use Wat. Code. § 1701
~ Purpose of Use Wat. Code, § 1701
D Long-term Transfer Wat. Code, §§ 382, 1735 O Instream Flow Dedication
Wat. Code, § 1707
Application LI_.-:1-=.6-'.-99,---, Permit LI _.-:1-'.-79-=-3=--,1 License 2033 Statement
I (we) hereby petition for change(s) noted above and described as follows:
Point of Diversion or Rediversion - Provide source name and identify points using both Public Land Survey System descriptions to X-X level and California Coordinate System (NAD 83), Present: See Attachment No.1
Proposed: See Attachment No.1
Place of Use -Identify area using Public Land Survey System descriptions to 'X-X level; for irrigation, list number of acres irrigated.
Present: Isee Attachment No.1 I Proposed: See Attachment No.1
Purposeorf~U~s~e~ __________________________________________________________________________ ~
Present: Irrigation
Proposed' Irrigation, Municipal, Industrial, Domestic.
Instream Flow Dedication - Provide source name and identify pOints using both Public Land Survey System descriptions to %_% level and California Coord"in"'a::.:te:....:S"-ys::.:t::.emc.c.o<:..;N:..;A::.O""8::.:3:.c)'--____________________________________________________ ~ Upstream Location: Not Applicable.
Downstream Location. 1----------------------------------------------------------------------1
List the quantities dedicated to Instream flow In either: D cubiC feet per second or D gallons per day. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Will the dedicated flow be diverted for consumptive use at a downstream location? If) Yes 0 No . If yes, provide the source name, location coordinates, and the quantities of flow that wilibe diverted from the stream.
Proposed New User(s) Provide the names, addresses, and phone numbers for all proposed new user(s) of the water right.
San Luis & Della-Mendota Water Authority Attn: Frances Mizuno P.O. Box 2157 Los Banos, CA 93635 (209) 832-6200
Amount of Water to be Transferred
I Up to 7,500 lacre-feet will be transferred. If the basis of right is direct diversion, the average rate of diversion for the maximum 3~-day period of use is I Up to 39 I cubic feet per second or million gallons per day.
General Information - Provide the following information, if applicable to your proposed change(s).
Have you attached an analysis which documents that the amount of water to be transferred or exchanged would have been consumptively used or stored in the absence of the proposed temporary change or long-term transfer?
Have you attached an analysis of any changes to streamflow, water quality, tim ing of diversion or use, return flows, or effects on legal users from the proposed temporary change or long-term transfer?
@Ves ONo
eVes ONo
Have you attached an analysis that shows the proposed temporary change or long- eVes 0 No term transfer will not unreasonably affect fish, wildlife, or other instream beneficial uses?
I (we) have access to the pr~osed point of diversion or control the proposed place of use by virtue of: D ownership U lease D verbal agreement D written agreement
If by lease or agreement, state name and address of person(s) from whom access has been obtained.
Give name and address of any person(s) taking water from the stream between the present point of diversion or rediversion and the proposed point of diversion or rediversion, as well as any other person(s) known to you who may be affected by the proposed change. See Attachment No.1
All Right Holders Must Sign Below: I (we) declare under penalty of perjury that thiS Involves only the amount of water which would have been consumptively used or stored in the absence of the proposed temporary change, and that the above is true and correct to the best of my (our) knowledge and belief.
Dated I M fAy t I 2014 I at 1r-\"..-n-5'a;;-Cc=-n=-am-t-a'to-) -=c..-;A,--------'I
NOTE: All petitions must be accompanied by: (1) the form Environmental Information for Petitions, available at:
http://www.waterboards.ca.gov/waterrightsfpublications_forms/forms/docsfpet_lnfo.pdf (2) Division of Water Rights fee, per the Water Rights Fee Schedule, available at:
hUp:llwww.waterboards.ca.gov/waterrights/water_issues/programs/fees! 3 De artment of Fish and Wildlife fee of $850 (Pub. Resources Code, 10005
Attachment No.1 to Petition for Change Involving Water Transfers
License 2033 (Application 1699) held by Garden Highway Mutual Water Company
PURPOSE OF PETITION
The purpose ofthis Petition for Change Involving Water Transfers (Petition) is to: (1) add the State Water Project's (SWP) Harvey o. Banks Pumping Plant and the Central Valley Project's (CVP) CW "Bill" Jones Pumping Plant as points of diversion, (2) add San Luis Reservoir as a point of red ivers ion, and (3) add the service area of the CVP as an additional place of use under Garden Highway Mutual Water Company's (Company) License 2033 (Application 1699). This petition is being filed to facilitate a temporary transfer (2014 Water Transfer) of up to 7,500 acre-feet (AF) of surface water from the Company during May through October 2014, which will be made available by groundwater substitution, to the San Luis & Delta-Mendota Water Authority (Authority) in order to provide an additional water supply for irrigation, municipal, industrial, and domestic purposes. Groundwater substitution involves the use of groundwater pumped to produce crops within the Company in exchange for a like amount of surface water that will remain instream for diversion at the proposed additional point of diversion. Absent the proposed temporary transfer, the Company would divert the entire quantity of surface water proposed for transfer from the Feather River pursuant to its water right. The proposed 2014 Water Transfer is consistent with the Governor's State of Emergency Drought Proclamation dated January 17, 2014 and subsequent Proclamation of a Continued State of Emergency dated April 25, 2014.
POINT OF DIVERSION OR REDIVERSION
POINT OF DIVERSION
Present Point of Diversion:
No change in the present point of diversion is proposed. The Company's authorized point of diversion under License 2033 is listed below:
Located Within* Description *
N 72° 00' E, 4,130 feet from the SW corner of Section 24, Tl3N, R3E
SW,SE 24 lIN
* All references to Section, Township, and Range are to the :vIDB&:vI.
Page I 0[5
3E
May 2014
Garden Highway Mutual Water Company License 2033 Attachment to Petition for Change Involving Water Transfers
Proposed Additional Points of Diversion:
No change in the present point of diversion is proposed. The Company proposes to add the following points of diversion:
Banks Pumping Plant via the Clifton Court Forcbay N 2,126,440 ft., E 6,256,425 ft., California Coordinate System Zone 3, NAD 83, being within the NW V. of SE V. of Projected Section 20, Tl S, R4E, MDB&M. This proposed additional point of diversion is identified on maps filed with the Division of Water Rights (Division) under Application 5630.
CW "Bill" Jones Pumping Plant N 2,121,505 ft., E 6,255,368 ft., California Coordinate System Zone 3, NAD 83, being within the NE Y. ofSW I;:; of Projected Section 29, TlS, R4E, MDB&M. This proposed additional point of diversion is identified on maps filed with the Division under Application 5626.
POINT OF REDIVERSION
Proposed Additional Point of Rediversion:
The Company proposes to add the following point of rediversion:
San Luis Reservoir N 1,845,103 ft., E 6,393,569 ft., California Coordinate System Zone 3, NAD 83, being within the SW Y. ofSE V. of Projected Section 15, TlOS, R8E, MDB&M. This proposed additional point of diversion is identified on maps filed with the Division under Application 5630.
PLACE OF USE
Present:
The present place of use is 3,708.45 acres net within a gross area 0[3,765.45 acres, as shown on a map contained in the Division's files for License 2033.
Proposed:
No change in the present place of use is proposed. The Company proposes to add the service area of the CVP as an additional place of use in order to facilitate the temporary water
May 2014 Page20fS
Garden Highway Mutual Water Company License 2033 Attachment to Petition for Change Involving Water Transfers
transfer. The service area of the CVP is shown on Map 214-208 -12581 on file with the Division under Application 5626.
GENERAL INFORMATION
Surface water will be made available for transfer from the Company's groundwater substitution program, consistent with the Draft Technical Information for Preparing Water Transfer Proposals, dated October 2013 (Draft Technical Information) published by the Department of Water Resources (DWR) and U.S. Bureau of Reclamation (Reclamation). The Draft Technical Information has been developed to address the concerns ofDWR and Reclamation relative to the potential impacts that water transfers may have on other legal users, instream beneficial uses, and the overall economy and environment. The Company has submitted a proposal to DWR and Reclamation for a water transfer to the Authority during 2014, which includes detailed information relative to historical groundwater pumping, groundwater well characteristics, groundwater monitoring and reporting elements, and associated maps. DWR and Reclamation will conduct an extensive review of these documents in order to ensure that the quantity of water proposed to be made available by the Company meets the relevant criteria to demonstrate a reduction in surface water use will occur as a result of the proposed temporary transfer. In addition, it is our understanding that Reclamation has addressed potential concerns with the U.S. Fish and Wildlife Service (USFWS). Absent the proposed temporary transfer to the Authority, groundwater would not be pumped by the Company for its groundwater substitution program to make surface water available for the Authority; thus, the Company would have diverted surface water to meet its irrigation demands. The crops produced within the Company and the associated irrigation practices would occur with or withont the proposed temporary water transfer.
Only wells which have been approved by DWR and Reclamation will be used for the proposed temporary transfer. In accordance with Water Code Section 1745.10, the Company does not believe the proposed transfer to the Authority by groundwater substitution will result in an overdraft of the underlying groundwater basin. As a condition of participation in the proposed temporary transfer, the Company has developed groundwater monitoring, reporting, and mitigation plans to ensure the proposed transfer does not result in any unreasonable and adverse impacts to the groundwater basin or third parties. Evaluation and approval by DWR and Reclamation of the groundwater monitoring, reporting, and mitigation plans will be obtained for the Company's groundwater substitution program.
The boundaries of the Company are within Sutter County, which completed and adopted a groundwater management plan (GMP) in March 2012 under Water Code Section 10753. The GMP relies on data from an extensive network ofDWR and water purveyors' production and monitoring wells. The GMP identifies that DWR does not currently consider any of the groundwater sub-basins underlying Sutter County to be in an overdraft state. As identified in the GMP, overdraft is characterized by a declining trend in groundwater levels over multiple years without recovery during recharge events. Figure 10 of the GMP
May 2014 Page 30/5
Garden Highway Mutual Water Company License 2033 Attachment to Petition for Change Involving Water Transfers
indicates that groundwater elevations during fall 2007 near the vicinity of the Company are within approximately +/- five feet of the groundwater elevations during fall 1912-1913. Groundwater elevation data for DWR's :v1onitoring Well No. l3N03E16A001M, which is located approximately 1.5 miles northwest of the Company's boundary, shows that during 1952 through 2013, groundwater elevations fluctuated seasonally each year with greater fluctuations during drier periods. These data also show that groundwater elevations have increased during this 62-year period, which is consistent with Figure 10 of the GMP. Similarly, DWR's Monitoring Well Nos. 12N04E18D001M, 13N04E16N001M, and 12N02E23K001M, located to the southeast, northeast, and southwest of the Company, respectively, show armual fluctuations with no trend in declining groundwater elevations. In addition, the Company has permitted DWR to install a multi-completion continuous groundwater monitoring well CDWR Well Nos. 13N03E26J002M to -005M) in 2010 near the center of the Company to further assist in documenting groundwater elevations. The monitoring results obtained from DWR for this groundwater well also indicate that groundwater elevations have fluctuated seasonally each year. The Company participated in a temporary water transfer during 2013 involving groundwater substitution; and based on the data obtained by DWR at this groundwater monitoring well, groundwater levels at all four completion intervals have recovered above pre-transfer levels.
As a result of this proposed temporary transfer, the flow in the Feather River downstream of the Company's present point of diversion will increase by up to 7,500 AF during the period of the transfer over what would have occurred absent the proposed transfer. The increased flow in the Feather River to the proposed additional points of diversion will be a small percentage of the total flow and will be water that would be diverted by the Company absent this proposed transfer. The Company's reduced diversions will provide additional flows during critical periods of the year, up to a maximum of approximately 39 cfs assuming the groundwater wells proposed to participate in the water transfer are operating simultaneously. Therefore, there will be no injury to other legal water users, water quality, or return flows; in fact, these increased flows may provide benefits for fisheries and wildlife and may result in a positive effect to the water users between the present point of diversion and the proposed additional points of diversion.
The Company holds an Agreement on Diversion of Water from the Feather River with the DWR (Agreement), dated May 17, 1977, for the purpose of a water rights settlement associated with the operation of Oroville Dam, specifically relative to the Company's License 2033 and its other water rights. In accordance with the terms of the Agreement, DWR has identified that the Company may divert up to 100% of the quantity identified in the Agreement during 2014. The Company's beneficial use of water from the Feather River during 2014 will include diversions for its crop water demands and surface water made available for transfer by groundwater substitution. Due to the drought conditions during 2014, the Division has identified that curtailment notices may be issued for all post-1914 water rights within the Sacramento River Basin, which includes the Feather River. In the case that the Division issues such curtailment notices, the transfer from the Company may occur under its Agreement with DWR. Accordingly, DWR may file a petition with the Division as soon as possible requesting approval to add the CVP's Jones Pumping Plant as a point of diversion and add the CVP's place
May 2014 Page 4 015
Garden Highway Mutual Water Company License 2033 Attachment to Petition for Change Involving Water Transfers
of use under DWR's water rights in order to assist in facilitating the proposed water transfer from the Company to the Authority.
See files of the State Water Resources Control Board for more information regarding other legal water users, which may include the Delta water users, the CVP, the SWP, and the Cities of Sacramento and West Sacramento. The Department of Fish and Wildlife (DFW) and the Central Valley Regional Water Quality Control Board (CVRWQCB) have been contacted; however, neither was available by phone in order to discuss the proposed temporary water transfer. Copies of this petition have been provided to Paul Forsberg (916-323-7215) ofDFW and Elizabeth Lee (916-464-4787) of the CVRWQCB for review and comment.
May 2014 Page 5 of5
State of California State Water Resources Control Board
DIVISION OF WATER RIGHTS P.O. Box 2000, Sacramento, CA 95812-2000
Tel: (916) 341-5300 Fax: (916) 341-5400 http://www.waterboards.ca . gov/waterrig hts
ENVIRONMENTAL INFORMATION FOR PETITIONS
This form is required for all petitions.
Before the State Water Resources Control Board (State Water Board) can approve a petition, the State Water Board must consider the information contained in an environmental document prepared in compliance with the California Environmental Quality Act (CEQA). This form is not a CEQA document. If a CEQA document has not yet been prepared, a determination must be made of who is responsible for its preparation. As the petitioner, you are responsible for ali costs associated with the environmental evaluation and preparation of the required CEQA documents. Please answer the following questions to the best of your ability and submit any studies that have been conducted regarding the environmental evaluation of your project. If you need more space to completely answer the questions, please number and attach additional sheets.
DESCRIPTION OF PROPOSED CHANGES OR WORK REMAINING TO BE COMPLETED For a petition for change, provide a description of the proposed changes to your project including, but not limited to, type of construction activity, structures existing or to be built, area to be graded or excavated, increase in water diversion and use (up to the amount authorized by the permit), changes in land use, and project operational changes, including changes in how the water will be used. For a petition for extension of time, provide a description of what work has been completed and what remains to be done. Include in your description any of the above elements that will occur during the requested extension period. See Attachment No.1
Insert the attachment number here, if applicable: D Page 1 of 4
Coordination with Regional Water Quality Control Board
For change petitions only, you must request consultation with the Regional Water Quality Control Board regarding the potential effects of your proposed change on water quality and other instream beneficial uses. (Cal. Code Regs., tit. 23, § 794.) In order to determine the appropriate office for consultation, see: http://www.waterboards.ca.gov/waterboards_map.shtml. Provide the date you submitted your request for consultation here, then provide the following information.
Will your project, during construction or operation, (1) generate waste or wastewater containing such things as sewage, industrial chemicals, metals, or agricultural chemicals, or (2) cause erosion, turbidity or sedimentation?
Will a waste discharge permit be required for the project?
If necessary, provide additional information below:
Date of Request
May 2,2014
o Yes o No
o Yes o No
Elizabeth Lee (916-464-4787) of the Central Valley Regional Water Quality Control Board was contacted in order to discuss the proposed temporary water transfer; and no comments were provided at this time. A copy of this petition has been provided to Ms. Lee concurrently with the submittal of this petition to the Division of Water Rights.
Insert the attachment number here, If applicable: D
Local Permits
For temporary transfers only, you must contact the board of supervisors for the county(ies) both for where you currently store or use water and where you propose to transfer the water. (Wat. Code § 1726.) Provide the date you submitted your request for consultation here.
Date of Contact
May 2, 2014
For change petitions only, you should contact your local planning or public works department and provide the information below.
Person Contacted: INot Applicable. Date of Contact:
Phone Number: Department: I ~ __ i=~~~~~----~======~~
County Zoning Designation: I L-__________________________________ ~
Are any county permits required for your project? If yes, indicate type below. o Yes o No
o Grading Permit
o Change of Zoning
o Use Permit 0 Watercourse 0 Obstruction Permit
DGeneral Plan Change o Other (explain below)
If applicable, have you obtained any of the permits listed above? If yes, provide copies. 0 Yes 0 No
If necessary, provide additional information below:
Not Applicable.
Insert the attachment number here, if applicable. D Page 2 of 4
Federal and State Permits
Check any additional agencies that may require permits or other approvals for your project:
o Regional Water Quality Control Board o Department of Fish and Game
o Dept of Water Resources, Division of Safety of Dams 0 California Coastal Commission
o State Reclamation Board o U.S. Army Corps of Engineers o U.S. Forest Service
o Bureau of Land Management 0 Federal Energy Regulatory Commission
o Natural Resources Conservation Service
Have you obtained any of the permits listed above? If yes, provide copies. o Yes o No
For each agency from which a permit is required, provide the following information:
Agency Permit Type I Pm,", (,) c "',cted Contact Date
If necessary, provide additional information below: Not Applicable.
Insert the attachment number here, if applicable:D
Construction or Grading Activity
Does the project involve any construction or grading-related activity that has significantly 0 Yes 0 No altered or would significantly alter the bed, bank or riparian habitat of any stream or lake?
If necessary, provide additional information below:
Not Applicable.
Insert the attachment number here, if applicable:D
Page 3 of 4
Archeology
Has an archeological report been prepared for this project? If yes, provide a copy. OYes ®No
Will another public agency be preparing an archeological report? OYes ®No
Do you know of any archeological or historic sites in the area? If yes, explain below. OYes ®No
If necessary, provide additional information below: Not Applicable.
Insert the attachment number here, if applicable: D
Photographs See Attachament No.1
For all petitions other than time extensions, attach complete sets of color photographs, clearly dated and
labeled, showing the vegetation that exists at the following three locations:
D Along the stream channel immediately downstream from each point of diversion
D Along the stream channel immediately upstream from each point of diversion
o At the place where water subject to this water right will be used
Maps See Attachment No.1
For all petitions other than time extensions, attach maps labeled in accordance with the regulations showing all applicable features, both present and proposed, including but not limited to: point of diversion, point of rediversion, distribution of storage reservoirs, point of discharge of treated wastewater, place of use, and location of instream flow dedication reach. (Cal. Code Regs., tit. 23, §§ 715 et seq., 794.)
Pursuant to California Code of Regulations, title 23, section 794, petitions for change submitted without maps may not be accepted.
All Water Right Holders Must Sign This Form: I (we) hereby certify that the statements I (we) have furnished above and in the attachments are complete to the best of my (our) ability and that the facts, statements, and informatiOnjresented are true and correct to the best of my (our) knowledge. Dated 1 MGl::jL) 2:-V 14- 1 at I\.\~c"yamf: ffilA I·
ignature W ter Right Holder or Authorized Agent Signature
NOTE: • Petitions for Change may not be accepted unless you Include proof that a copy of the petition was served on the
Department of Fish and Game. (Cal. Code Regs., tit. 23, § 794.) • Petitions for Temporary Transfer may not be accepted unless you include proof that a copy of the petition was served
on the Department of Fish and Game and the board of supervisors for the county(les) where you currently store or use water and the coun ies) where au ro ose to transfer the water. Wat. Code 1726.)
Page 4 of 4
Attachment No.1 to Environmental Information for
Petition for Change Involving Water Transfers License 2033 (Application 1699)
held by Garden Highway Mutual Water Company
DESCRIPTION OF PROPOSED CHANGES
Garden Highway Mutual Water Company (Compauy) is petitioning to temporarily add points of diversion, a point of rediversion, a place of use, and purposes of use to the water right identified above in order to transfer up to 7,500 AF to the San Luis & Delta-Mendota Water Authority (Authority) by groundwater substitution. The State Water Project's (SWP) Banks Pumping Plaut and the Central Valley Project's (CVP) Jones Pumping Plant are proposed to be added as points of diversion; San Luis Reservoir is proposed to be added as a point of rediversion; and the service area of the CVP is proposed to be added as a place of use. The additional purposes of use proposed to be added are municipal, industrial, aud domestic, in addition to the existing purpose of use for irrigation. These proposed additions would authorize the transfer of water to the Authority during May through October 2014. The proposed 2014 Water Trausfer will provide the Authority with an additional water supply during the current drought conditions, consistent with the Governor's State of Emergency Drought Proclamation dated January 17,2014 and subsequent Proclamation ofa Continued State of Emergency dated April 25, 2014. There is no change to the existing point of diversion, place of use, or purpose of use.
The quantity of water proposed to be made available by groundwater substitution involves the use of groundwater pumped upon overlying lands in exchauge for a like amount of surface water that will remain instream for diversion at the proposed additional points of diversion. Absent the proposed temporary transfer, the Company would have diverted up to 7,500 AF of surface water from the Feather River pursuant to its water right. For this reason, the proposed temporary transfer does not involve any construction or other physical chauges to the Company's facilities.
Petitions for temporary transfer of water pursuant to Water Code Section 1725 are exempt from CEQA. In addition, the Governor's Proclamation of a Continued State of Emergency dated April 25, 2014 suspends environmental review required by CEQA to assist in expediting water trausfers. Reclamation has prepared an Environmental Assessment/Initial Study (EA/IS) for water transfers during 2014 pursuant to the requirements under the National Environmental Policy Act (NEP A), including the proposed 2014 Water Trausfer from the Company. Reclamation has adopted a Finding of No Significant Impact (FO:\TSI); aud a copy is available at: < http://www.usbr.gov/mp/nepa/nepa projdetails.cfm?Project ID=16681 >.
May 2014 Page lof2
Garden Highway Mutual Water Company License 2033 Attachment to Environmental Information Form
PHOTOGRAPHS
The present point of diversion and the proposed additional points of diversion and point of rediversion include existing facilities that are well known and documented with the Division of Water Rights (Division). In addition, the present and proposed places of use are also well known and documented with the Division. Therefore, for these reasons, photographs of the present and proposed points of diversion, point of rediversion, and places of use are not included.
MAPS
The present point of diversion and place of use are shown on a map filed with the Division for License 2033. The proposed additional point of diversion for the SWP's Banks Pumping Plant and the proposed additional point of rediversion for San Luis Reservoir are shown on maps filed with the Division for Application 5630. The proposed additional point of diversion for the CVP's Jones Pumping Plant is shown on maps filed with the Division for Application 5626. The proposed additional place of use is the CVP service area, as shown on Map 214-208 - 12581 on file with the Division under Application 5626.
May 2014 Page 2 of2
SAN JOAQUIN COUNTY
Audit Report
ROAD FUND
July1, 2010, through June 30,2011
JOHN CHIANG California State Controller
April 2014
Bob Elliott, Chairman Board of Supervisors San Joaquin County
JOHN CHIANQ QIalifllnthr J&±tth~ QIlllttr.oll~r
April 29, 2014
44 N San Joaquin Street, Suite 627 Stockton, CA 95202
Dear Mr. Elliott:
SJC I30ARD OF SUPERVISORS COMMUN[CATIONS #-,O'-<.. __ C:atcgory PAl iloard Meeting nate:5JJ¢V
The State Controller's Office (SCO) audited San Joaquin County 's Road Fund for the period of July 1,2010, through June 30, 2011.
We also reviewed.road-purpose revenues, expenditures, and changes in fund balances for the period of July 1,2005, through June 30, 2010. The results of this review are included in our audit report.
The county accounted for and expended Road Fund money in compliance with Article XIX of the California Constitution, the Streets and Highways Code, and the SCO's Accounting Standards and Procedures/or Counties manual, except for our adjustments totaling $380,929. We made the adjustments because the county did not reimburse the Road Fund for non-road reimbursable projects and other improvement costs related to the Public Works Hazelton complex. In addition, we identified procedural findings affecting the Road Fund.
If you have any questions, please contact Steven Mar, Chlef, Local Government Audits Bureau, at (916) 324-7226.
JVB/mh
cc: The Honorable Jay Wilverding Auditor-Controller San Joaquin County
Thomas M. Gau Director of Public Works San Joaquin County
I ' ! ~ I
San Joaquin County Road Fund
Contents
Audit Report
Summary........................................................................................................................... 1·
Bacl'ground.. ... ..... ... .... .... ......... .... .... ... .... ........ ............ ...... .... ...... ............ .... ........... ........... 1
Objectives, Scope, aud Methodology .................................... ; .............. ;.......................... 1
Conclusion ................................................................... ;..................................................... 2
Follow-Up on Prior Audit Findings................................................................................ 3
Views of Responsible Officials ........ ...... ... ........................ ...... ....... ........... ... ...... .............. 3
Restricted Use ................................................................................................................... 3
Schedule 1-Reconciliation of Road Fund Balance............................................................ 4
Findings and Recommendations........................................................................................... 5
Attachment-County's Response to Draft Audit Report
San Joaquin County
. Audit Report Summary
Background
Objectives, Scope, and Methodology
Road Fund
The State Controller's Office (SCO) andited San Joaquin County's Road Fund for the period ofJuly 1, 2010, through June 30, 2011.
We also reviewed road-purpose revenues, expenilitures, and changes in fund halances for the period ofJuly 1, 2005, through June 30, 2010. This review was limited to performing inquiries and analytical procedures to ensure that (1) highway users tax appOltionments and road-purpose revenues were properly accounted for and recorded in the Road Fund; (2) expenditure patterns were consistent with the period audited; and (3) unexpended fund halances were carried forward properly.
Our audit and review disClosed that the county accounted for and expended Road Fund money in compliance with Article XIX of. the California Constitution, the Streets and Highways Code, and the SCO's Accounting Standards and Procedures for Counties manual, except for our adjustments totaling $380,929 and procedural findings identified in this repOlt.
We conducted an audit of the county's Road Fund in accordance with Government Code section 12410. The Road F,md was established by the county boards of supervisors in 1935, in accordance with Streets and Highways Code section 1622, for all amounts paid to the county out of money derived from the highway users tax fund. A portion of the Federal Forest Reserve revenue received by the county is also required to be deposited into the Road Fund (Government Code section 29484). In addition, the county board of supervisors may authorize the deposit of other sources of revenue into the Road Fund. Once money are deposited into the Road Fund, it is restricted to expenditures made in compliance with Article XIX of the California Constitution and Streets and Highways Code Sections 2101 and 2150.
The objectives of our audit of the Road Fund were to determine whether:
• Highway users tax appOltionments, received by the county were accounted for in the Road Fund, a special revenue fund;
• Expenditures were made exclusively for authorized purposes or safeguarded for future expenditure;
• Reimbursements of prior Road Fund expenditures were identified and properly credited to the Road Fund;
• Non-road-related expenditures were reimbursed in a timely manner;
• The Road Fund cost accounting is in confOlmance with the SCO's . Accounting Standards and Procedures for Counties manual,
Chapter 9, Appendix A; and
• Expenditures for indirect overhead support service costs were within the limits formally approved in the Countywide Cost Allocation Plan.
-1-
San Joaquin County
Conclusion
Road Fund
Our audit objectives were derived from the requirements of Article XIX of the California Constitution, the Streets and Highways Code, the Government Code, and the SCO's Accounting Standards and Procedures for Counties manual. To meet the objectives, we:
• Gained a basic understanding of the management controls' that would have an effect on the reliability of the accounting records of the Road Fund, by interviewing key personnel and testing the operating effectiveness of the controls;
• Verified whether all highway users tax apportionments received were properly accounted for in the Road Fund, by reconciling the county's records to the State Controller's and Caltrans' payment records;
• Analyzed the system used to allocate interest a,nd detennined whether the interest revenue allocated to the Road Fund was fair and equitable, by interviewing key personnel and testing a sample of interest calculations; .
• Verified that unauthorized borrowing of Road Fund cash had not occurred, by interviewing key personnel and examining the Road Fund cash account entries; and
• Determined, through testing, whether Road Fund expenditures were in compliance with Article XIX of the California Constitution and with the Streets and Highways Code, and whether indirect cost allocation plan charges to the Road Fund were within the limits approved by the SCO's Division of Accounting and Reporting, County Cost Plan Unit.
We conducted this pmfonnance audit in accordance with generally accepted government auditing standards. Those standards require that we plan and perfOlm the audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings and conclusions based on our audit objectives. We believe that the evidence obtained provides a reasonable basis for our findings and conclusions based on our audit objectives.
We did not audit the county's financial statements. Our scope was limited to planning and perfonning audit procedures necessmy to obtain reasonable assurance concerning the allowability of expenditures claimed for reimbursement. Accordingly, we examined transactions on a test basis to determine whether they complied with applicable laws and regulations and were properly supported by accounting records. We considered the county's internal coutrols only to the extent necessary to plan the audit.
Our audit and review disclosed that the county accounted for mld expended Road Fund money in compliance with Aliicle XIX of the Calif01'l1ia Constitution, the Streets and Highways Code, and the SCO's Accounting Standards and Procedures for Counties manual, except for the items shown in Schedule 1 and described in the Findings and Recommendations section of this repOli. The findings require an acljustment of$380,929 to the county's accounting records.
-2-
San Joaquin County
Follow-up on Prior Audit Findings
Views of Responsible Official
Restricted Use
Road Fund
Findings noted in our prior audit report, issued on September 20, 2006, have been satisfactorily resolved by the county.
We issued a draft audit repOlt on February 28, 2014. Thomas M. Gau, Public Works Director, responded by letter dated March 14, 2014, agreeing with the audit results. The cO)lnty's response is included as an attachment in this final audit repOlt.
This report is solely for the information and use of San Joaquin County, the San Joaquin County Board of Supervisors, and the SCQ; it is not intended to be and should not be used by anyone other than these specified pmties. This restriction is not intended to limit distribution of this repOlt, which is a matter of public record.
~~ Chief, Division of Audits
April 29, 2014
-3-
San Joaquin County
Schedule 1-Reconciliation of Road Fund Balance July 1,2010, through June 30, 20U
Beginning fund balance per county
Revenues
Total funds available "' '.
Expenditures
Ending fund balance per county
SCQ adjustments: Finding l-Unreimbursed Non-road Expenditures Finding 2-Public Works Complex
Total SCQ audit adjustments
Ending fund balance per audit
-4-
Road Fund
Amount
$ 35,772,577
31,775,407
67,547,984
(34,470,852)
33,077,132
3,719 377,210
380,929
$ 33,458,061
San Joaquin County Road Fund
Findings and Recommendations FINDING 1-Unreimbursed nonroad expenditures
The Public Works Department posted non-road work of CSA 14 Sewer Treatment Plant $3,719 to the Acquisition of Equipment account during fiscal year (FY) 2009-10 and FY 2010-11.
Streets and Highways Code section 210 I states:
All money in the Highway Users Tax Account in the Transportation Tax Fund and hereafter received in the account are appropriate for all of the following: (a) The research, planning, constmction, improvement, maintenance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for property taken or damaged for such purposes, and the administrative costs necessarily incurred in the foregoing purposes.
Streets and Highways Code section 2150 states:
All amounts paid to each county of the Highway Users Tax Fund shall be deposited in its road fund. The board may deposit in said fund any other money available for roads. All money received by a county from the Highway Users Tax Fund and all money deposited by a county in its road fund shall be expended by the county exclusively for county roads for the purposes specified in Section 210 1 or for other public street and higbway putposes as provided by law.
The SCQ has pennitted expenditures of Road Fund money for non-road work as a convenience for counties, provided that the expenditures are billed a!!d reimbursed in a timely manner (30-60 days after completion of the work).
Recommendation
The counly should reimburse the Road Fund $3,719 for the expenditures incuned for the non-road projects performed for the Solid Waste Division. In addition, the county should establish procedures to ensure that future outstanding non-road billings are collected and posted to the appropriate cost center.
County Response
County Service Area Sewer Treatment Plant work totaling $3,719.00 was reimbursed to the Road Fund on July 1, 2012 from the County Service Area 14 fund (Attachment A).
-5-
San Joaquin County
FINDING 2-Expenditures not allocated between divisions within the Public Works Department
RoadFund
The couuty charged the Road Fund $3,397 for Project No. 61001 (Security Gates preliminary work - Public Works Complex) during FY 2009-10; $24,101 for Project No. 610002 (Security Gates preliminary work - Public Works Complex) during FY 2010-11; $38,196 for project No. 610003 (Public Works Emergency Generator Installation) during FY 2010-11; $114,532 for Project No. 610004 (Security Surveillauce Cameras) during FY 2010-11; $196,984 for Project No. 610003 (Public Works aud Emergency Generator installation) during FY 2011-12. The total charges from FY 2009-10 through 20 10-11 are $180,226, bringing the total charges to $377,210.
Various divisions within the Public Works Department and other departments located in the facilities benefited from these building improvements and should have been allocated between Public Works divisions and other depailments using the Public Works Hazelton complex.
Streets and Highways Code section 2101 states:
All money in the Highway Users Tax Account in the Transportation Tax Fund and hereafter received in the account are appropriate for all of the following: (a) The research, planuing, construction, improvement, maiute:p,ance, and operation of public streets and highways (and their related public facilities for nonmotorized traffic), including the mitigation of their environmental effects, the payment for propertY taken or damaged for such purposes, and the administrative costs necessarily inculTed in the foregoing purposes.
Streets and Highways Code section 2150 states:
All amounts paid to each county ofthc Highway Users Tax Fund shall be deposited in its road fund. The board may deposit in said fund ahy other money available for roads. All money received by a county from the Highway Users Tax Fund and all money deposited by a county in its road fund shall be expended by the county exclusively for county roads for the purposes specified in Section 2101 or for other public strcet and highway purposes as provided by law.
The SCQ has permitted expenditures of Road Fund money for non-road work as a convenience for counties, provided that the expenditures are billed and reimbursed in a timely manner (30-60 days after completion of the work).
'Recommendation
The county should reimburse the Road Fund $377,210 and allocate these expenditures among the Public Works Hazelton complex in an equitable cost allocation.
County Response
Of the 2010-11 costs, $32,892.81 for the emergency generator and $2,850.08 for the. security gates were reimbursed from the General Fund to the Road Fund on Jlme 29, 2012 (Attachment B). The balance of the $377,210.00 is $341,467.00, and will be distributed to the other PW Divisions by June 30, 2014. The allocation method will
-6-
San Joaquin County
FINDING 3-High equipment clearing account variance
FINDING 4-Cost center recording error
Road Fund
be based on the number of allocated positions for each of the Divisions, including only those who work on-site (Attachment C). Generally, indirect costs are allocated to other PW Divisions in an·ears after the close of the Fiscal Year.
Our review of the FY 20 I 0-11 Annual Road RepOlt, Schedule 7 (Clearing Account Activity) disclosed a high variauce for equipment, 17.34% at year-end. For equipment cleariug, we noted that the county did not aualyze and update the rental rates from FY 2007-08 through 2010111.
The SCO's Accounting Standards and Procedures for Counties manual, . Chapter 9, Appendix A, sections 16-17 prescribe the method used in the development and operation of the equipment clearing accounts. Per section 24, the acceptable range for the equipment variance should be 10%.
Recommendation
The county should analyze the equipment clearing account and update the respective equipment rental rates for the FY 2013-14.
County Response
Equipment rates have been analyzed and updated for Fiscal Year 2013-14 and review of the Equipment clearing account variance is now performed quarterly. Staff has been trained· on the purpose and methodology for computation of equipment rates based on guidelines ft·om the State Controller's Accounting Standards and Procedures Manual. In addition, cross training will be provided to staff who may be assigued the task of annual review and calculation of equipment rates.
Our review of Administration Cost Center No. 10 shows that nonadministration costs were charged to this cost center instead of to appropriate cost centers, such as Maintenance Projects.
The SCO's Accounting Standards and Procedures for Counties manual Chapter 9, Appendix A, section 25, outlines expenses that are included in the Administration cost center.
Recommendation
The Public Works Depmtment should analyze and correct the Administration cost center for FY 2013-14.
County Response
Cost centers have been analyzed and corrected for Fiscal Year 2013-14.
-7-
San Joaquin County
FINDING 5-Expenditnre differences between cost and financial accounting systems
Road Fund
From FY 2005-06 to FY 2010-11, there were expenditure differences between the Public Works Department's cost accounting system and the Auditor-Controller's fmancial accounting system. The county reconciled most of the differeuces during our field audit. However, by the end of our audit field work, the county was still unable to reconcile $366 for FY 2007-08.
The SCQ's Accounting Standards and Procedures for Counties manual, Chapter 9, Appeudix A, prescribes periodic expenditure reconciliations between the financial and the cost accounting systems.
Recommendation
The county should establish procedures to ensure that Road Fund expenditures recorded in the cost system agree with the expenditures recorded in the Auditor-Controller's financial system.
County Response
Review procedures have been established to verifY that reconciliation of the cost accounting system to the financial accounting system is completed timely. Differences are identified and addressed monthly.
-8-
j
I 1
I
I I
San Joaquin County
AttachmentCounty's Response to Draft Audit Report
Road Fund
I I
I;BITz: BUCI;IMAf'j O~f'UTYOIRECT~lR
MJCHAEL~SELLI"iC3 OEPiJT\' OIRECtOR
jr~STo'N!:: DEPU1Y'OIRECTOR
ROGER JANES · euslNEsS ADr;m'ltSTRATOR
Mr. Stev",n Mar
THOMAS M. GAU O,IRliC"(OR
Chief, Lopel Gqyemmt?ntAudits Bureau State Controlle! DiVi~i()n ofMdlts Post Office Box 942852 Sacramento, California 942BO-5874
March 14, 2914
sUBJECT: DRAFT AUDIT REPORT FINDINGS - FiSCAL YEAR 2010-11
Dear Mr. Mar:
p. O. BOX-iBiD 1610 E. HAZELTOt,iAVENUE
STOCKTON, CALIFORNIA 95201
(209) 46a.-aoM fAX j;!Q?l 4~a·299~i
We have reviewe;:ilhe state Controller's Office (SCQ) draft auditrepQrtof San Joaquin County's Roed Fund fonhe period 6f July 1,2OjO through Jun",30,2.01i. our comments and responses to the SCO's findings identified.in the report are describe.d below.
With regard 10 the findings, we do 'nojroutlhely hill expendituresidentiiiedas capital items if they are no! related to rqad fun<:lpurposes. Due to this practice, the billing of non-road experiditures was nfit completed on a tii\leIYbasis. As improvement costs to the Public Works tPW) Hazelton complex were budgeted imdacdoiJrited for as fixed assets or capital items, the same praCtiQe was applied -to those costs. However,as a result of the audit, We Concur that the Improvement cO,sts should be recovered from other county departments and PW Divisionsloeated at the complex.
Our comments to the findings are listed below:
Finding 1: Unreimbursed Non_Road Expenditures:
• County SeIVice Area Sewer Treatment Plant Work totaling $3,719,00 was reimbursed to the Road Fund on July 1, 2012 from the County SeIVice Area 14 fund (Attachment A).
Finding 2: Expenditures NotAliocated Between Divisions Within PW $377,210.00
• Olthe 2010-11 costs, .$32,892.81 lor the emergency generator and $2,850.08 forthe security gates wen, reimbursed from the General FUnd to the Road Fund on June 29, 2012 (Attachment B).
• The balance 01 the $377,210.00 is $341,467.00, and will be distributed to the other PW Divisions by June 30,2014. The allocation method will be based on the number of allocated positions for each of the DiviSions, including only those who work on-site (Attachment G).
Mr. Steven Mar -2-RESPONSE TO seo DRAFT AUQIT REPORT DATED FEBRUARY2014
~.' Generally, indirect costs are allocafed":!o atner PW Divisions.in arrears after the claseof the . Fiscal Year.
Finding 3: High Eguipment Cleating Account Variance
• Equipment rates hayebeen analyzed and' updated for Fiscai Year 2013-14.
• Review of the Equipment clearing ilGcoun\variance is now performed quarterly.
• Staff has ~e.e.n trained on the purposeand.methodology for computation of equipment rates.
• Computation of equipment ratEls are based on guidelines from the State Controller's AccoOnting Standards and Pro.cedures Manual.
• Cross training Will be provided tostaffwho may be assigned the task of annual review and calculaiion of equipment riltes.
Finding 4: Cost Center Recording Error
.Oost centers hilve peen analyzed and correct.ed for Fisca.1 year 2013-14.
Finding 5: Expenditure Differences Between Cost And Financial Accounting Systems
• Review procedures have be.en established to verify that reconciliation of the oost accounting system to the financial·acoouptingsystem is completed timely. Differences are Identified and addressed monthly.
We appreCiate the courtesy and professiom>lism demonstrated ,by the State Controller's Office AudilQr When working with Qurstaffin identifying procedural areas that needed to be addressed.
Sincerely,
CP;;:;_JtI ~4K_ THOMAS M.GAU Direbtorof Public Works
TMG:JW:nt .FY1().11 AUOlT-REPQRTf'ltjOlNGS DOCX
Attachments
c: Jay Wilverding San Joaquin County Auditor Controller
COUNTY OF i JOAQUIN
AUDITOR-CONTROUER SERVICE & STORE, FUND TRANSFER,
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196,984.00
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S12-RFA-003
State Controller's Office Division of Audits
Post Office Box 942850 Sacramento, CA 94250-5874
http://www.sco.ca.gov
STOCKTON WATER
DISTRICT PROVIDINg •• "VICE .INC. a •••
www.sewd.net
DIRECTORS
Richard Atklns Division I
Andrew WatkIns DivIsion 2
Alvin Cortopassi President Division 3
Melvin Paniua Divlsipn 4
Paul Sanguinetti Vice President
Division 5
loralee McGaughey Division 6
, Tbomn McGurk OlvJslon 7
ScotA.l;lloOdy General Manager
MichaelO.Johnson AHlHant General Manager
. LEGAL CQU!'IS!!l
Jeanne M. Zole221 General Counsel
Phone 209-9~'-0333 Fall209-94~0423
E"mall [email protected]
6767 East Main Street . Stockton.q, 95215
P~"Qfllc. ilox 5157 Stockton. CA 95205
;JC BOARD OF SUPERVISORS -OMMU NICAT ONS #_ 4=-__ alegOlY YV
BOARD OF SUPERVISORS
April 29, 2014 :)ard M c~et::-i n::-g:-{:D;-'a~te-. --:;..-t::--r.-:--r--- MAY 01 2014
Dr. Mel Lytle, Director City of Stockton Municipal Utilities Department 2500 Navy Drive Stockton, CA 95206-1191
San Joaquin County Department of Public Works Brandon Nakagawa, P.E. Water Resources Division 1810 E. Hazelton Avenue Post Office Box 1810 Stockton, CA 95205
City of Stockton c/o City Clerk, City Hall Stockton, California 95202
Mr. John Freeman District Manager
RECEIVED
California Water Sel'Vice Co. 1550 West Fremont Street, Suite 100 Stockton, California 95203-2660
California Water Sel'Vice Company Post Office Box 1150 San Jose, California 95108
Lincoln Village Maintenance District Colonial Heights Maintenance District c/o Board of Supel'Visors Courthouse 222 East Weber Avenue Stockton, CA 95202
Re: Second Amended Contract Base Monthly Payment
Gentlemen:
As you know, payments of the Base Monthly Payment made from the City of Stockton, California Water Sel'Vice Company and San Joaquin County ("Contractors") to Stockton East Water District have been consistently in error for approximately two years. For fiscal year 2012-2013 Stockton East's auditors expressed concern that the current method of payment of the Base Monthly Payment conflicts with the terms of the Second Amended Contract, and Standard and Poors has downgraded the District's bond rating as a direct result of the Contractors' failure to follow the terms ofthe Second Amended Contract.
In March of 2013 the District informed the Contractors that in the future, any default in amounts owing under the SAC would be demanded immediately, and Stockton East would pursue all remedies at law or in equity, including those set forth in Section 18B(1) and (2) of the Second Amended Contract.
As of the date of this letter, the Contractors are in arrears in payment of the Base Monthly Payment as set forth under the terms of the Second Amended Contract. The City of Stockton is short in its payments of the Base Monthly Payment in the amount of $2,436,340.92. Even if Stockton East applied the $2,269,812.48 overpayment made by Cal Water, which it does not have to do, the cumulative Base Monthly Payments made are underpaid in the current cumulative amount of $166,528.44, as detailed on the attached spread sheet.
COPYTOE~CH SUPER"'SOR
This letter constitutes written notice, pursuant to Section 18B of the Second Amended Contract, of default under the contract, and a demand for correct payment of the Base Monthly Payment immediately. If Stockton East does not receive payment by May 12, 2014, it has authorized its legal counsel to bring an action for collection of all amounts owed.
Very Truly Yours,
~4:s-ALVIN CORTOPASSI President
cc: Mr. Stan Ferraro Mr. Kurt O. Wilson City of Stockton Council Members San Joaquin County Board of Supervisors
SEWD BASE MONTHLV PAYMENTS· RECAP BV URBAN CONTRACTOR FISCAL YEAR 2013-2014
BMPDUE Cftyof CalWATER Lincoln Colonial
Stockton Villa,e H.l,hts Tot,,1
2013
April 663,490.08 533,'255.13 30,147.13 8,611.64 1,235,503.98 MOlY' 663,490.08 533,255.13 SO,147.13 8,611.64 1,235,503.98 June 663,490.08 533,'255.15 90.147.13 8,611.64 1,235,503.98
J"Iv 663,490.08 533,255.13 30,147.13 8,611.64 1,235,503.98
August 663,490.08 533,255.13 30,147.13 8,611.64 1,235,503.98 September 663,490.08 533,255.13 30,147.13 8,611.64 1,235,503.98 October 663,490.08 533,255.13 30,147.13 8,611.64 1,2S5.503.98
November 663,490.08 533,255.13 30,147.13 8,611.64 1,235,503.98
Oecember 663,490.08 533,255.13 30,147.13 8,611.64 1,235,5003.98 2014
January 663,490.08 533,255.13 30,147.13 8,611.64 1,235,503.98 February 663,490.08 533,255.13 30,147.13 8.611.64 1,235,503.98 Mllrch 663,490.08 533,255.13 30,147.13 8,611.64 1,235,503.98
Total BMP Due from UCS 7,961.880.96 6,399,061.56 361,765.56 103,339.68 $:14,826,047.76
PAYMENTS MADE for FV 2013-2014
April 2013 460,461.67 546,474.22 30,147.13 8,611.64 $1,045,694..66 April 2013 1.80,51(1.39 $180,510.39 M., 460,461.67 726,984.61 30,147.13 8,611.64 $1,126,205.05
June 450,461.67 713,249.29 30,147.13 8,611.64 $1,112,469.79
J"~ 460,461.67 722,.406.17 30,147.13 8,611.64 $1,121,626.61
August 460,461.61 722,406.11 30,147.13 8,611.64 $1,211,626.61 september 460.461.67 722,406.17 30,147.13 8.611.64 $1):21,626.61
Octobu 460,461.67 722,406.17 30,147.13 8,611.64 $1,221,626.61 November 460,461.67 722,406.17 30,147.13 8,611.64 $1,221,626.61
December 460,461.67 722,406.17 30,147.13 8,611.64 $1,221,626.61
January 2014 460,461.67 722,.406.17 30,147.13 8,611.64 $1,221,626.61 February 460,461.67 722,406.17 30,147.13 8,611.64 $1):21,626.61 Milrch 460,461.67 722,.406.17 30,147.13 8,611.64 $1.ll1,626.61
Total Pavmenh, for the FV 5,525,540.04 8,668,874.04 961,765.56 103,339.68 $14,659,519.32
NET AMOUNT DUE FROM IIDUnOJ 2,436,340.92 /2,269,812.48) $166,528.44