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03/28/2013 - Minutes p1 /3-G RECEIVED Salt Lake City MAY 1 6 2013 Public Utilities Advisory Committee Minutes CITY RECORDER March 28, 2013 The Public Utilities Advisory Committee meeting was held at 7:00 a.m. March 28, 2013 at 1530 South West Temple, Salt Lake City, Utah. Committee members present were Dwight Butler, Larry Myers, Dixie Huefner, Allen Orr, Roger Player, Kent Moore and Christy Cushing. Salt Lake City Public Utilities employees present were Jeff Niermeyer, Tom Ward, Jim Lewis, Florence Reynolds, Nick Kryger, Larry Alserda, Laura Briefer, Bob Sperling, Stephanie Duer, Nicole Sneiding Brad Stewart and Zee Smith. Also in attendance were Rusty Vetter, SLC Attorney's Office; Mike Wilson, MWDSLS; Mike Collins and Keith Larson, Bowen Collins, & Associates; Doug Cromer, CRS Engineers; Jeremy Williams, Carollo En; Tim Bardsely, Western Water Assessment; Jim Olson, and Karen Nichols, HDR; Jim Goodley, JUB; Holly Hilton, SLC Mayor's Office. Approve Minutes of February 28, 2013 Meeting Committee member Christy Cushing moved and Committee member Kent Moore seconded the motion, to approve the minutes of the February 28, 2013 meeting as amended. All members present voted aye. Financial Report—Jim Lewis Mr. Jim Lewis briefed the Committee on the financial report for the period ending.February 28, 2013. Mr. Lewis stated that all three funds are currently doing very well and are in good financial position at this time. He stated that with the 2012 warmer summer season and early spring current water-year sales are higher than the previous year by 3% (i.e., 6 million dollars). He also presented the water conservation chart showing average water usage for the past three months. The next slide presented was a comparison of revenue for all three funds versus budget. Mr. Lewis stated that two of the funds, Sewer and Storm Water are currently below last year while Water is above last year. He stated that revenue is a little off due to the fact that the billing process is about two weeks behind due to the implementation of the new street lighting fee and current vacant positions. The Water Utility is currently $6 million higher than last year, Sewer is $127,000 lower, and Storm Water $300,000 below last year. The next slide presented was a comparison of operating costs, comparing last year with the current budget amounts. Mr. Lewis stated that operating costs for the Water Utility are higher than last year by $4.6 million, which relates to additional water purchases over the previous year. 1-4 The Sewer is below last year by $162,000 and the Storm Water is above last year by $632,000. CIA Storm Water is higher due to the additional street sweeping cost which was included in the current year's budget. The Department has been doing a very good job of controlling expenditures over the last couple of years. The last slide presented listed the capital improvements for each of the funds as compared to budget. The Water Utility has expended $6.3 million in capital improvements with $5.3 million encumbered at the end of February. The Sewer Utility has expended $8.5 million with$6.9 million encumbered. The Storm Water Utility has expended $4.1 million with $3.9 million encumbered. Total for all three funds equals $18.9 million and $16.1 million encumbered as of the end of February 2013. Mr. Lewis then talked about the budget process. He stated that the Mayor reviewed the budget on March 15th and approved its submission to the City Council for approval. We will have a budget presentation to the City Council on April 9th Update on Street Light Program—Brad Stewart Mr. Brad Stewart gave a presentation to the Committee regarding the new Street Lighting. He said one of the first goals is to identify the condition of the external infrastructure. Night surveys showed that out of 15,260 lights, 2,640 or 16 %were black, or not functioning on Jan 15, 2013. Over half of these black lights have been restored to service. The department's quick response initiatives were to start with the quick and less expensive fixes, (defined as highest number of lights restored per dollar) Solving a circuit problem can restore half a dozen or more lights at a time. Now repairs are getting more extensive, and take more time and money. Most of our system is older with a variety of different wattage, voltage, and lamp fixtures that have odd sized bases and the circuitry is often designed for a different wattage for each fixture. Retrofit kits have a high maintenance history and don't qualify for Rocky Mtn. Power rebates. So, most typically we will likely be replacing whole fixture heads when we do the upgrades. This also makes sense because these old fixtures are near the end of their life expectancy and these new lamps have a 20-25 year life expectancy. There would be no reason to replace a fixture before the bulb burns out. As the fixtures are getting replaced, they will be replaced with high energy fixtures. Induction lights are an older but very efficient technology, have good color rendition similar to fluorescent but don't have a ballast and they have a very good maintenance record. There are thousands of these in our system already, primarily in Rose Park. LED lights are the new kid on the block,they have shown a lot of potential, are very efficient and have a long life span. There are already about 1,600 of these lights in our system, primarily along arterial streets. The color tends to be blue or very bright white, which bothers some people, but the colors are getting better. Mr. Stewart also showed a slide with red dots which means the lights are off, and green dots mean the light is on. When they get a line of red dots, this can sometimes indicate wire theft. The current approach for theft is to cut the wire and wait awhile and then pull the wire. The department is burying junction boxes so they are not visible and are more difficult to locate. N Also we are welding the hand holes in the bottom of poles in the trouble areas. There will also be a more studies and evaluation regarding this issue to try and prevent more vandalism There have also been a few wire replacement projects. 600 North wire is being replaced and this project should be finished in a week or so. South Temple, Sonata Street and River Bend Street are also scheduled for wire replacements. Much of the concern regarding the new street lighting fee comes from older citizens worried about the additional fee on their public utilities bill.Also residents in Special Service Assessment Areas or"Private Light" areas are feeling that they have paid twice. Most of our service calls come from residents wanting more lights installed near their houses. The Department has had very few calls from business. The Department has been doing interviews for a dedicated Program Manager to oversee the street lighting program. There were 30 applicants and the Department has selected David Pearson. He will start in early April. He brings a lot of energy and enthusiasm and seems very able to learn what is needed to manage our street lighting program. Mobile Application—Nick Kryger Mr. Nick Kryger showed a slide presentation demonstrating Public Utilities GIS Mobile Mapping System. There are GIS Maps for Trails, Locators, Investigators, Sewer Crews, Pretreatment, and Special Maps. Mr. Kryger showed a slide explaining how the GIS department is responsible for creating the watershed trail maps throughout our local canyons. He showed how there are 36 posted large trail maps. You can look at them on www.keepitpure.com. This site will show you how you can type in the name of a trail on your mobile device, and it will pinpoint campsites, park and rides, information center, resorts, trailhead,watershed boundaries, and protected watershed. Mr. Kryger also stated that you can look on your mobile device and it will show you how far the trail is and the best route to take. The next slides Mr. Kryger showed were regarding Public Utilities Locators. The locators do an average of 3,000 locates per month, using the Apple ipad and secured services. The Locator can look up the work order; it will show the number, address, location and all of the history associated with the service. Then the locator can enter the information at the time of service, and the information is always updated and current. The Collectors/Investigators are also using ipads. It gives them the payment history, the water usage, readings locations. Also they can take payments and process them while dealing with the customers. And then the information is current at all times and everyone has the same information. Other departments in Public Utilities that are using the mobile applications or will be using them in the near future are Sewer Crews, Pretreatment and Special Maps. In summary: The Department of Public Utilities has the leading edge on the Mobile Technology and will continue to move forward. • The process is much faster and we can do more work in less time. • The mobile process is very cost effective, by having the information available in the field Mcu we are getting work done today that may have not been completed for many days. • The mobile process is more efficient; it is paperless, uses less fuel, and generates savings in time and money. Committee member Dixie Huefner asked if we have ways to measure the effectiveness of using this new technology. Mr. Kryger explained that ipads are about '/2 the cost of a lap top. And he explained the effectiveness of our stand by crews and how they can check the information from their home and not have to come into the shops to collect the very same information. Committee member Christy Cushing asked if we would be showing the City Council how effective the mobile technology is. Mr. Niermeyer suggested we could show them a comparison of where we were a year ago and where we are now. Update on Law Suit Mr. Rusty Vetter provided a brief summary of a recent court ruling of interest to the City. This is known as Haik vs.SLC and Town of Alta. The case involves property owners in Little Cottonwood Canyon seeking to obtain water for lots they own in the in the canyon.A similar case had been brought by the same plaintiffs over 10 years ago and Judge Stewart of the Federal District Court ruled that the facts had not changed since the dismissal of the prior case and the new case should also be dismissed. The ruling is an affirmation of how the City is enforcing its watershed ordinance. It is anticipated that his recent ruling will be appealed by the plaintiffs. Legislative Update—Rusty Vetter Mr. Rusty Vetter gave an update to the Committee regarding the water issues that were addressed this year at the Legislature. HB29 -Adjudication of Water Rights, Rep. Joe Briscoe. This bill was recommended by both the Water Coalition and the Executive Water Task Force. It is designed to improve the adjudication of water rights by allowing the State Engineer to divide a general adjudication into divisions and subdivisions and to conduct each smaller adjudication separately. This bill passed. HB 36 - Storm Water Capture Amendments, Rep. Jim Nielson. This looks a lot like the Storm Water bills that were attempted last year, but with an interesting twist. The State Engineer("SE") would be prevented from enforcement action for detention of water for storm water purposes as long as the detention does not interfere with any water right and does not put the detained water to beneficial use. So far the bill sounds "not bad." The rest of the bill creates a registration of rain water tanks with the SE. Up to two 100 gallon tanks can be used without registration. It provides for a registration of larger tanks, which may contain up to 2,500 gallons. If one or more tanks are used, the maximum amount still stored is 2,500 gallons. This harvesting right does not constitute a water right and can't be transferred to another party. After being circled since 2/13/13, the bill was amended with the additional language that the person using the rain water will have to comply with state law and local health and safety regulations. Once the bill was amended, it passed the Senate without opposition and the House concurred without opposition. This bill passed. HB 68 - Public Trust Obligations and Constitutional Protections, Rep. Kay Mciff. Rep. Mciff proposes to define the scope of the public trust doctrine so that it may not be used to reduce beneficial use of water. The bill also states that an approved appropriation of water is a property right that cannot be taken without just compensation. The stream access bill that passed a couple of years ago is not in litigation over the concepts of public trust and access. The bill did not pass. a, HB 72—Safe Drinking Water Disclosure Act, Rep. Roger Barrus. This bill requires that a public water system that fluoridates public water supplies meet certain requirements require a local health department to order temporary removal of fluoride from public water supplies under certain circumstances. The bill worked its way up the Senate 2nd Reading calendar right into a circle on the 28`h. The snag was resolved and the bill passed the Senate and was prepared for enrolling on the 8th of March. HB 73—Water Easement Amendments, Rep. John G. Mathis. The Executive Water Task Force ("EWTF" or the "Task Force") recommended this bill as a method or way to allow a canal company to abandon a prescriptive easement that is no longer used. Once the abandonment is completed, the underlying fee owner would have the land without the prescriptive easement. This bill passed. HB 123 -Water Rights Change Application Amendments, Rep. Kay Mciff. This is the bill that Rep. Mciff has been working on for almost a year. The concepts that are part of the agreement include the removal of the "stone wall" created by the East Jordan v Payson case, a protection for shareholders that the water company can't sell water reducing their water allotment per share without the consent of shareholders, and the removal of criminal penalties from the change application process. This bill failed. HB 166 -Water Rights Amendments, Rep. Ken Ivory. This bill has been requested by the Farm Bureau and others to counter actions by the federal government that have restricted access or required an extraction of a water right or a portion of the water right as part of the federal permitting process. This bill passed. HB 326—Division of Water Rights Amendments, Rep. Kurt Webb. This bill requires the state engineer to consider a recorded water rights addendum, forwarded by the county recorder, as a report of water right conveyance; limits the methods of transfer of a right to use water evidenced by shares of stock in a corporation; requires the state engineer to consider certain documents recorded by a county recorder as a conveyance of a water right appurtenant to land; and makes technical corrections. This bill passed. HB 358—Instream Flow Amendments, Rep. Mike Noel. This bill amends the existing instream flow act to allow a fishing group to enter into agreements with the water right owner that will allow the water right owner to obtain indemnification from Endangered Species Act liability. This bill failed. HB 360—Water & Irrigation Amendments, Rep. Ryan Wilcox. This bill was developed by the Executive Water Task Force pursuant to the request of the state engineer. It clarifies that the protection granted by a non use application only protects against forfeiture during the active status of the non use application. It would clarify that no protection would be available for the time period before the non use application is approved. This bill passed. SB 109 — Change Application, Sen. Ralph Okerlund. SB 109S4 passed the House on the last day on a 61-12-2 vote. The Senate refused to concur with the Senate Amendment and asked the House to recede. The House refused to recede. Conference committees were appointed by each legislative body. However the Senate Conference Committee refused to meet with the House Conference Committee and the change application bill met its demise. This bill failed. SB 115—Water Development Commission Amendments, Sen. Margaret Dayton. This is a bill recommended by one of the Co-Chairmen of the Water Development Commission. It provides four year terms that are staggered for the appointed nonvoting members of the Commission. This bill passed. If) SB 154— Sales and Use Tax Taxation of Water, Sen. Scott Jenkins. This bill would subject the t a sales of portable water to the Sales and Use Tax. The State portion of the tax would go to the Conservation and Development Fund for the development of water projects by the Board of Water Resources. The local government portion of the sales tax would be available for the general fund of those taxing entities. The bill failed. Non water bills of Interest. SB 190—Procurement Code, Sen. Scott Jenkins. This is the long awaited bill that resolves the problems contained in last year's Procurement Legislation that would be effective on May 5th of this year. The Senate approved a Substituted SB 190 that resolved most of the issues that had been sources of contention for the Utah Association of Special Districts, the League of Cities and Towns and the Association of Counties. The contractors also took a shot at some of the provisions. The Substitute resolved the ethical issues concerning the districts, counties and cities. A delayed date is provided for rule making authority by the local districts. The bill reflects the excellent work of LeGrand Bitter, Richard Bay and Mark Anderson with substantial help from Roger Tew representing the ULCT. The bill passed the Senate on the 1st. It was reported out favorably by the House Business & Labor Committee on the 6`h. Once the final substitute was made by the House Committee, the Procurement Code bill passed the House on the Tuesday, and then the Senate concurred without opposition on same day. The bill is now being prepared for the Governor's signature. We will watch this bill next year. Water Supply Outlook—Larry Alserda Mr. Larry Alserda gave the Committee an update on this year's water supply outlook. He stated although we are ahead of last year's snow pack at this time it is not by much. With April being one of the wettest months for the mountains we seem to be at a threshold. Hopefully the weather does not do as it did last year. If April is anywhere near normal for precipitation then it will delay runoff from the mid and higher elevations and provide more water to store in lakes and reservoirs for use this summer. Three of the SNOTEL sites are on our watershed. Trial Lake is located in the Uinta Mountains at the head of the Provo River Basin. Mr. Alserda had some graphs that showed the snow measurements are equivalent to last year's amount of water in the snow pack. The snow courses that Mr.Alserda measures are also similar to last year. The Provo/Jordan Basin soil moisture is around 54% of saturation which is a little lower than last year at this time. The NOAA runoff forecast for our entire watershed is 67% of normal which is about the same as last year. The reservoirs are doing better this year. Dear Creek Reservoir is 88% full, Jordanelle Reservoir is at 58%, Little Dell Reservoir is 56% and last year at this time Little Dell was at 53%. Mountain Dell is 57% full and last year it was 47% full. Several years have had drier winters but average or above average precipitation in April. We can hope for above average precipitation this coming April. Water Conservation Goals—Stephanie Duer Stephanie Duer updated the Committee on the 2013 Water Conservation Goals: be a 1) Press Releases through the Mayor's Office; each month April: Water Supply May: Water Checks June: Launch of www.slcgov.com/gardenwise July: Landscape Ordinance (not definite) August: Living on Stored Water 2) Radio Segments/Programming-Working with Mayor's office to develop regular radio program with local radio station (KCPW) 3) Web and Social Media Facebook: Weekly tips on water efficiency Website: Promote conservation gardens, landscape website The Department would like to drive the messages relating to our water supply and provide informative and accurate updates to our community. The Department would like to utilize attention of media on current water profiles to inform/educate community on how past efforts in water infrastructure development and current water management methods create resilience within our water supply. The Department would like to establish Public Utilities as the water expert for Salt Lake City and Service Area, and to enhance water conservation practices outreach to effect broader community awareness and response. Comments: Committee member Allen On asked if there had been any studies done on how much water different kinds of trees use. Stephanie replied yes, and they have found that most trees use just as much water as turf does, but the benefits are very high with trees. Meeting Adjourned at 8:45 a.m. • au to m a.