HomeMy WebLinkAboutAgenda Report - July 7, 2010 D-15AGENDA ITEM tAS
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Regarding City Vote on Property Assessment Ballot for City
Property within the Central Delta Water Agency
MEETING DATE: July 7, 2010
PREPARED BY: Public Works Director
RECOMMENDEDACTION: Adopt a resolution regarding the City vote on the property
assessment ballotfor City propertywithin the Central Delta Water
Agency.
BACKGROUND INFORMATION: The Central Delta Water Agency is conducting a "Public Hearing and
Assessment Ballot Proceeding"to increase the Agency's property
maximum assessment from a rate of $8 to $12 per acre. The City's
property at White Slough is within the Agency boundaries and is
subject to the assessment. If approved, the annual cost to the City would increase from approximately
$8,100 to $10,900; however, as a property owner, the City has the opportunity to vote on the assessment.
The City's property assessment represents approximately 0.8 percent of the total.
The Agency engages in legal and lobbying work on behalf of the properties and districts within its
boundaries. Background information provided by the Agency supporting the proposal is attached.
The City's options are to: 1) Vote "Yes"
2) Vote "No"
3) Cast no ballot
Casting no ballot is essentially taking a neutral position.
While the amount of money is not large in comparison to the wastewater budget, staff has difficulty
associating the assessmentwith benefitto the citizens of Lodi and recommends "No" vote. In 2005, the
Agency conducted a similar proceeding to raise the assessment to $8 per acre. At that time, City Council
adopted Resolution No. 2005-158 authorizing the City Manager to submit a "no" vote on behalf of the City.
FISCAL IMPACT: The White Slough budget includes only $8,000 for this item.
FUNDING AVAILABLE: The Central Delta Water Agency assessment is paid out of the Wastewater
Fund (1704(13).
Jordan Ayers It
Deputy City Manager/Internal Services Director
F. Wally S delin
Public Works Director
FWS/pmf
Attachments
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Konrait{!r lam, Interim City Manager
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ASSESSMENT BALLOT PROCEEDING
CENTRAL DELTA WATER AGENCY
July 13, 2010
ClYil�i! 1!1'[111 Y [17►i.Y•] lITL•71 Y�I�.N
Each landowner (holder of title) or the legal representative of the landowner in the
Agency shall be entitled to cast one vote for each dollar of the proposed assessment based on the
proposed maximum rate of assessment of $12.00 per acre with a minimum of $2.00 per parcel.
Depending upon the land use grouping and related benefits assigned in the Engineer's Report, the
maximum for some parcels will be less than the $12.00per acre.
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The number of votes which the voter is entitled to cast is marked on each ballot.
The individual(s) casting the ballot must sign the certification on the face of the ballot
and submit the ballot and the other required information. If the ballot includes parcels which are
no longer owned by the voter, then the ballot including the total number of votes should be
corrected. All corrections should be initialed. If the voter desires to have a new ballot, please
contact the Central Delta Water Agency office.
If you no longer own the parcel or parcels listed on your ballot, please promptly
notify us so that the ballot or a corrected ballot can be provided to the new owner.
The number of votes you are entitled to cast is written on the ballot. Mark an "X" in the
square "Yes" or in square marked "No".
Page 1 of 4
VOTING BY PROXY
Landowner's votes cast by proxy will be accepted as valid only if such proxy meets all of
the following requirements:
(a) must be in writing and on the proxy form (or a reproduction thereof) which
accompanies the official ballot.
(b) must be executed by the landowner or legal representative of the landowner who
is entitled to cast the votes for which the proxy is given.
(c) must be acknowledged.
(d) must specify the election at which the proxy is to be used.
Any proxy may be revoked at the pleasure of the person executing such proxy at any time before
the person appointed as proxy shall have cast a ballot representing the votes for which the
appointment was given.
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When aparcel is held as community property, joint tenancy„or as a tenancy in common,
any spouse,zjoint tenant, or tenant in common shall be presumed to have authority to cast all
votes for that parcel.
Where the title to a parcel stands in the name of a partnership or limited liability
company, one ballot must be used to vote all of the votes for the parcel. The person voting must
b e a general partner of the partnership or designated as the managing partner for the limited
liability company; or be authorized to vote by way of a proxy from the general partner or
designated managing partner.
ESTATES, GUARDIANSHIPS AND CONSERVATORSHIPS
Guardians, executors, conservators and administrators shall be presumed to have
authority to vote without obtaining special authority to vote.
TRUSTS
When title to a parcel stands in the name of a trustee or is otherwise held by a trust, the
trustee or trustees shall be presumed to have authorityto cast votes for that parcel.
Page 2 of 4
When title to a parcel stands in the name of a corporation, association or foundation, any
officer thereof shall be presumed to have authority to cast votes for that parcel.
LIFE ESTATES
A life tenant may cast all votes for a parcel without obtaining a proxy from the holders of
the remainder interest.
In the event that more than one of the record owners of an identified parcel submits an
assessment ballot, the amount of the proposed assessment (votes) for the identified parcel shall
be allocated to each ballot submitted in proportion to the respective record ownership interests
or, if the ownership interests are not shown on the record, as established to the satisfaction of the
Agency by documentation provided by those record owners.
The Agency may request documentation to support the authority of any voter to cast the
votes for any parcel.
Disputes which will not affect the outcome of the balloting will be left unresolved.
SIGN AND DATE BALLOT DECLARATION
The declaration on the ballot must be signed and dated.
RETURN OF BALLOT
Mail the ballot in the enclosed envelope to Central Delta Water Agency, c/o Kjeldsen,
Sinnock & Neudeck, Inc., P. 0. Box 844, Stockton, California 95201 or hand deliver to 711
North Pershing Avenue, Stockton, California 95203. Ballots may also be submitted at the
Assessment Ballot Hearing. Ballots must be received prior to the close of the Assessment Ballot
Hearing which is to commence at 9:30 a.m., July 13, 2010, at 235 East Weber Avenue, Stockton,
California 95202.
If you have any questions regarding the enclosed, please contact Mike Conrad at
Kjeldsen, Sinnock & Neudeck, Inc., 711 North Pershing, Stockton, CA 95203, telephone:
(209) 946-0268, or Dante John Nomellini at the office of the Agency, 235 East Weber
Avenue, Stockton, CA, telephone: (209) 465-5883.
Page 3 of 4
ASSESSMENT BALLOT PROCEEDING
CENTRAL DELTA WATER AGENCY
JULY 13, 2010
The undersigned, a landowner or legal representative of a landowner in the Central Delta
Water Agency, in the County of San Joaquin, State of California, does hereby coiistitute and
appoint
the proxy of the undersigned to cast all votes for all parcels for which the undersigned is
authorized to vote in the above Assessment Ballot Proceeding.
Dated:
STATE OF CALIFORNIA
)ss.
COUNTY OF
(signature
(signature
(signature)
(signature)
On before me, , Notary Public, personally
appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed in the within instru-
ment and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Page 4 of 4
May 3,2010
�•�,
Dear Landowner:
DIRECTORS
George Biagi, A
Rudy Mussi
Edward Zuckerman
Cot,
Dante John Noniiallm
Dante Jahn Noindin; it,
The Board of Directors of the Central Delta Water Agency will hold a hearing on
Tuesday, July 13, 2010, at 9:30 a.m. at 235 East Weber Avenue, Stockton, California, forthe
purpose of considering protests, tabulating assessment ballots and otherwise considering
adoption of a new maximum assessment rate for future years and tb a assessmentrate for fiscal
year 2010-2011.
A public meeting (workshop) will be held on Tuesday, June 29, 2010, at 9:30 arra. at 235
East Weber Avenue, Stockton, California, for the purpose of discussion and comment relating to
the proposed assessment rate and assessment.
In August of 2005, the Central Delta Water Agency landowners approved an increase in
the maximum annual assessment rate from $5.00 per acre to the current maximum of $8.00 per
acre with a minimum of $2.00 per parcel. The current $8.00 per acre rate generates about
$900,000.00 per year. The proposal before you is to increase the maximum annual assessment
rate to $12.00 per acre with a minimum of $2.00 per parcel. The proposed maximum rate could
generate about $1,347,000.00 per year. The amount chargeable to each of your parcels is set
forth on the enclosed Official Ballot. The proposed maximum annual rate would remain in effect
indefinitely. The Board of Directors could set the annual assessment at or below the maximum
rate each year.
The proposed increased assessment is for the purpose of sustaining and increasingthe
level of activity to by to protect your water, water rights, drainage, levee and flood -related
interests. The basis of the proposed increased assessment is the acreage of eachparcel as shown
on the San Joaquin CountyAssessor's Roll with some adjustments related to land use. The basis
of assessment has been reviewed and is supportedby the report prepared by ChristopherH.
Neudeck, Registered Civil Engineer. The report can be inspected at the Agency office or a copy
can be provided pursuant to your Written request.
Page 1 of 2
BALLOT - Landowner ARproval
The maximum rate of assessment and assessmentwill not be increased if there is a
"majorityprotest" however, the existing maximum rate will retain in effect. Under Section 4 of
Article X]H D of the California Constitution (Proposition218), a majority protest exists if, upon
conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots
submitted in favor of the assessment, The number of votes will be based on the dollar m o u n t of
the proposed assessment using the proposed maximum assessment rate of $12.00 per acre with a
minimum of $2.08per parcel as adjusted pursuant to the allocations in the Engineer's Report.
Your votes will be equal to the maximum number of dollars which you might be required to pay
in any year.
Enclosed is a Ballot, instruction to Voters, and Proxy Form. The ballot may be returned
by mail to the Central Delta Water Agency, c/o Kjeldsen, Sisnxock & Neudeck, Inc., P. O. Box
844, Stockton, California 95201, in the enclosed self-addressed envelope, or hand delivered to
711 North Pershing Avenue, Stockton, California 95203. Ballots may also be submitted at the
Assessment Ballot Hearing on July 13, 2010, at 235 East Weber Avenue, Stockton, Californiia
95202. The hearing will commence at 9.30 a.m. but the close of the hearing will be determined
at the hearing. To assure the courting of your ballot, you should return it by mail or hand deliver
it well in advance of the hearing or be present at 9030 a.m. on July 13, 2010. Ballots received
after the close of the hearing will not be counted.
The ballots must be marked Yes or ]Vo and the certification on the face of the ballot
sem.'! by the personballot. 1wners must comply with the requirements _ forth
in the I Instruction to Voters.
t
DJN:ju
Enclosures
Yours very truly,
DANTE JOHN NOMELLINI
Manager and Co -Counsel
Page 2 of 2
235 East Weber Avenue � RO, Box 1461 c Stockton. CA 9520,1
Phone 209/465-5883 � Fax 209/465-3956
956
MAY 19,2010
STATUS REPORT
DIRECTORS
Geoige Biag-, .X
Ruov Mussy
Edward Zuckerman
COUNSEL
Dante Min Rionieliin-
Dante John Nomeffin; dt
It is estimated that the Central Delta Water Agency will on June 30,2010, end the current
fiscal year with a General Fund deficit of approximately ($70,000.00). Expenditures have
already and will continue to exceed available cash and borrowing against future revenues is
required. The current level of expenditures and the anticipated increased level of activity will
require additional revenue. The attack on Delta water rights and intensive efforts to build a
Peripheral Canal/Tunnel are the major immediate challenges which must be confronted.
The current $8.00 per acre maximum rate with a minimum of $2.00 per parcel generates
approximately $900,000.00 of annual revenue. Expenditures for the last twelve (12) months
have exceeded $1,640,000.00. While the Agency had reserves primarily from recoveiy of fees
and costs from prior litigation, the reserves have been exhausted.
Assessments have generally been increased to meet increasing challenges however, the
Board of Directors has tried to keep rates in check. The minimum annual assessment rate for
agricultural land was increased to $5.00 per acre in August of 1998 and increased again to $8.00
in August of 2005. The rates actually levied are as follows:
1998-1999
$5.00per acre
1999-2000
$5.00per acre
2000-2001
$5.00 per acre
2001-2002
$5.00per acre
2002-2003
$4.00 per acre
2003-2004
$5.00 per acre
2004-2005
$5.00 per acre
2005-2006
$7.00 per acre
2006-2007
$7.00 per acre
2007-2008
$7.00 per acre
2008-2009
$7.00 per acre
2009-2010
$8.00 per acre
The maximum assessment rate now proposed for vour aaaroval in the current assessment
ballot is $12.00 per acre with a minimum of $2.00 per parcel. If approved, the increased amount
could generate approximately $1,347,000.00 of annual revenue. (Actual receipts are usually
somewhat lower than the total assessed.) Although the Board of Directors could set the rate at or
below the maximum depending on the challenges facing the Agency, the likely action would be
to levy the new higher rate starting with the 2010-2011 assessment and stay at that rate until the
challenges subside.
A brief summary of the items involving the greatest expenditures is set forth below:
Defense of Attack on Water Rights
In July of 2008, the San Joaquin River Group Authority (SJRGA) consisting of Oakdale
Irrigation District, South San Joaquin Irrigation District, Modesto Irrigation District, Turlock
Irrigation District, Merced Irrigation District, San Joaquin River Exchange Contractors Water
Authority and the Friant Water Users Authority made a submittal to the State Water Resources
Control Board regarding their Strategic Work Plan. In their submittal they stated their support
for construction of an isolated conveyance facility (Peripheral Canal) and supported enforcement
of water rights focused on the Delta. Their argument was that the Peripheral Canal would be
built to solve the problems in the Delta without the need to address upstream activities or exports
and that actions should be focused only on the Delta diverters. They also submitted a report
pertaining to Union and Roberts Islands prepared by a Mr. Wee alleging that "Out of 65,000
acres approximately 20,000 may have riparian rights, but upon further refinement of the analysis,
the amount may be no more than 6,500." Although this report was based on an erroneous
application of water rights law and was prepared by and under the direction of those who knew
or should have known better, it has resulted in a cloud on the property rights of agricultural lands
throughout the Delta.
The SJRGA submittal can be accessed on the State Water Resources Control Board
website. Go to O'Laughlin -Paris LLP at:
http://www.waterboards.ca.gov/waterrights/waterissues/programs/bay delta/strategicglanj
Google "SWRCB Strategic Work Plan Comments'; -and click on the first item "Strategic
Workplan," to get to the same website.
The erroneous maps of riparian lands submitted by the SJRGA and Mr. Wee created an
impression that most of the Roberts and Union Island area was illegally diverting. This had a
significant impact with legislators and the SWRCB and led to increased funding and staffing of
the SWRCB to investigate and challenge Delta water rights. While the challenge of water rights
will likely extend through the Northern California watersheds, the initial focus is on the Delta
starting with Roberts and Union Islands (including Fabian Tract).
On February 18,2009, the SWRCB mailed letters to property owners on Roberts and
Union Islands and Fabian Tract requesting (under the threat of imposition of the costs of
investigation) that each property owner inform the SWRCB within sixty (60) days as to the basis
of their rights to divert water by filing a Statement of Water Diversion and Use with appropriate
evidence or define a contractual basis for diversion of water or cease diversion of water until a
basis of right is secured.
In numerous cases, the SWRCB investigation requested further information. Where
additional information was not submitted within the deadlines or was deemed unsatisfactory, the
SWRCB filed notices of Cease and Desist Orders. The Notice of Cease and Desist Orders
required that the diverter take one or more of the following actions:
1) immediately cease and desist diverting water to the property;
2
2) submit sufficient evidence establishing a valid basis of right or an existing
water supply contract to serve the property;
3) submit a plan showing how and when the diverter will permanently remove the
diversion works serving the property; or
4) request a hearing with regard to the CDO, if diverter wishes to contest the CDO.
Hearings have been requested and are proceeding. The Central Delta Water Agency and
South Delta Water Agency are funding the gathering of historic maps and other documents
necessary to support historic water rights throughout the Delta and are jointly providing
assistance to the challenged landowners.
In cases where landowners have relied on their water licenses, the Modesto Irrigation
District, State Water Contractors (including the Metropolitan Water District of Southern
California and the Kern County Water Agency) and San Luis and Delta Mendota Water
Authority (29 Federal Contractors including Westlands Water District) have filed complaints
alleging diversion and use at times and in quantities not permitted by the water license. The
principal contention is that the water license is not adequate to support the growth of the
particular crops grown on the properties.
These attacks on the Delta follow the rumored threat that a large landowner south of the
Delta was willing to fund 125 lawsuits against Delta diverters.
The Directors of the Central Delta Water Agency view this attack as the first wave of
many to come which must be vigorously defended.
Pursuant to the Governor's water package passed last fall, all diverters will be
required to file by July 1, 2010, a Statement of Water Diversion and Use. Starting in
January of 2012, measurement and monthly reporting of water diversions will be required.
Those holding water licenses will also be required to file a Report of Licensee. These
reports need to be filed with care. A claim of riparian, pre -1914 and other rights
independently and in addition to any SWRCB Permit or License rights should be made
until such time as the courts have determined that you do not have such rights. (Attached
hereto is a package of information to help you in your filings.)
DWR Temporary Entry Permits to Perform Studies For a Peripheral Canal or Tunnel
Many landowners in the Delta were requested by DWR to sign temporary entry permits.
The permits are overly intrusive, would last three (3) years, would allow the digging of pits,
borings, trapping of endangered and other species and inspection of buildings for hazardous
materials. The DWR requests were followed by threats of litigation and numerous court petitions
have been filed by the DWR. There is no legal requirement that landowners sign such permits.
The Central Delta Water Agency and South Delta Water Agency have offered defense to any
landowner in the Delta who does not elect to voluntarily grant such entry on the basis that DWR
has not complied with the legal requirements for taking such access without landowner consent.
If and when access is allowed by the Court, landowners will be on their own for claiming any
3
damages. Over 100 actions have been filed and coordinated for determination of common issues
before the San Joaquin County Superior Court. No trial has yet been conducted.
Bay Delta Conservation Plan (BDCP) and the Delta Stewardship Council - Peripheral Canal
Both of these efforts are directed at expediting construction of a Peripheral Canal/Tunnel
and turning the Delta into an inland saline bay. The arguedjustification is that the Delta is
unsustainable due to earthquake and sea -level rise,
Although both processes are supposed to be objective as to what if any improved Delta
conveyance is to be constructed, the Governor has made it clear well before these processes
started that a Peripheral Canal (now possibly a Peripheral Tunnel) must be constructed. The
heavy political pressure from "south of the Delta" interests is apparent. The Governor has
directed the BDCP towards isolated conveyance and stacked the Delta Stewardship Council with
pro -Peripheral Canal members. A draft Bay Delta Conservation Plan is expected to be released
in September and release of a draft Environmental Impact Report for the Peripheral Canal is
scheduled for January 2011. These efforts must be followed and challenged as appropriate,
Other Efforts
Levee programs, regulation of agricultural drainage, screening of diversions, and changes
to Delta water quality standards all require sustained attention.
The monthly measurement and reporting of water diversions in the Delta which is to
commence in January 2012 will be costly and the information derived will serve no useful
purpose except perhaps the basis for increased State fees. The Central Delta Water Agency will
attempt to work with the State Water Resources Control Board to establish a more workable
program for reporting. The Agency desires to pursue legislation to eliminate the measuring and
monthly reporting requirements for the Delta however, such an effort cannot be funded at the
present time.
DJNJu
Enclosures
DANTE OHN NOMELLM
Manager and Co -Counsel
11
Water Diversion And Use Reporting
There are Three Types of Water Reports required of Delta diverters. Report of Licensee
which is required of those holding State Water Resources Control Board Permits and Licenses,
Report of Water Use and Diversion, and Supplemental Statement of Water Diversion and Use.
The Supplemental Statement of Water Diversion and Use may also be filled out using the
following as a guide.
PORT OF LICENSEE (Report of Licensee forms are mailed to the license holders
and must be filed by the due date in the notice.) Online reporting for this year is optional and the
pager form is likely easier to use because of the restrictions in the online reporting.
This report should be filled out consistent with the terms of the license. Months of use
should be consistent with Direct Diversion Season and the acreage should correspond with that
on the form. Unless you have measurements of your diversion you should on Line 5.a. write in
"unmeasured and estimated". For each month you diverted water multiply the maximum
diversion rate in cis times 1.98 acre feet per day per cfs times the number of days in that month
and insert the number in the box. Line 5.b. mark the box for same as 5.a.
Unless the status of your water rights has been carefully analyzed or adjudicated to
conclude that you don't have other rights you should fill in under Remarks:
`"`Theserights are supplemental to all riparian, pre -1914, overlying.
statutory, and other water rights appurtenant to the property."
Crops are supplied with groundwater (including seepage and possibly
artesian flow), precipitation and applied water. All excess water is
typically recirculated to the Delta pool via float operated drainage pumps.
PORT OF WATER USE AND DIVERSION The SWRCB is not sending out notice
and these Reports are due before July 1, 2010. Penalty for failure to file is $1,000.00 and
$500.00 per day after a thirty (30) day correction period. To obtain the form and review the
SWRCB instructions, use your computer to find the "SWRCB" or "California Water Boards"
home page and under"Announcements" click on "Now - Information Regarding Statements of
Diversion and Use."
This reporting is now basically mandatory for all diverters except those reporting as
Licensees. Licensees who claim riparian and/or pre -1914 rights in addition to their License must
also file this report. If you are on Roberts Island, Union Island or Fabian Tract and have filed a
report in response to the recent SWRCB investigation, new reports should be filed. The
mandatory requirement for estimated quantities diverted, coordinates to locate the points of
diversion and the requirement for a separate report for each diversion suggests the need for new
reports.
Page 1 o f4
CAUTION. A separate report and coordinates are required for each point of diversion. If you
have two or more pumps or siphons or flood -gates a separate report is needed for each.
SUGGES
Unless your riparian and pre -1914 water rights have been carefully evaluated or
adjudicated with the conclusion that you do not have any you should claim both on line B.
Line C: Name the river, channel, slough, etc. and insert after Tributary to "Sacramento -
San Joaquin Delta."
Line D: Provide coordinates for the point of diversion. You can use a GPS or mark the
location on USGS topographic map or get the coordinates with your computer from the map of
your location. Go to "USGS Map Locator" for coordinates for diversion locations and
topographic/satellite maps.
If there is a name for a common diversion work insert the name.
Line E: Enter Yes or No and if No the name and address of owner.
Line F: Unless you have a measurement of the maximum capacitymark "estimate" and
insert your acreage served x .0168. This will give you the cfs for about 1 acre ft per month per
acre. (1 cfs = 450 gpm)
Monthly is optional. Do not mark unless you have accurate measurements.
Line G: At the end of the line insert "unmeasured - see estimate attached". Unless you
have a better estimate or measurement, insert the number calculated from the water use and
diversion worksheet in the months when you diverted water and "0" in the months when you
didn't. Attach the worksheet and a copy of the attached Table A-5 to your filing.
Line H: At the end of the 1st line insert "unmeasured - estimated" and insert in the blank
following maximum "5 acre f Vacre." For year of first use at diversion site if you h o w, enter the
year. If you don't know then enter "possibly 1800's".
Line I: Insert as appropriate: Field, row and tree crops, vines, livestock, households
to people), habitat, fish rearing, wetlands, waterfowl habitat, recreation, etc. and
estimated acreage.
Line J: Showplace of use as indicated. A copy of your deed description with the
Assessor's Parcel Map should be adequate or an outline on a topographic map or all of the above.
Assessor's Parcel Maps can be accessed via computer at "San Joaquin County Assessor Maps,"
then go to "Map Viewer" and click on the book and page of your Assessor's Parcel Number.
Line K L: Insert as appropriate: Concrete lined ditches, pipelines, drip irrigation, good
farming practices, all excess water is returned to the Delta channels.
Line K 2. and 3.: Mark as appropriate.
Page 2 of
TABLE A-5
1976-77 Estimated Crop Et Values
'Delta SerVi.ce ForeA
(in inches)
-Total Total
Land Use CatePOrY Oct. Nov. Dec. Jan. Feb. : liar. Apr, May June :'July Aug.Se : Oct.76-Sep.77 Oct.77 :Nov.77-Oct-77
Sacramento -San Joaquin Delta
Irrigated Pasture
Alfalfa
Deciduous Orchard (Fruits & Nuts)
Tomatoes
Sugar Beets
Grain Sorghum (Milo)
Field Corn
Dry Beans
Safflower
Asparagus
Potatoes
Irrigated Grain
Vineyard
Rice
Sudan
Misc. Truck
Misc . Field
Double Cropped with Grain
Sugar Beets
Field Corn
Grain Sorghum (Milo)
Sudan
lay Beans
Tomatoes
Lettuce
Misc. Truck
Misc. Field
Fallow Lands 1
Native Vegetation J
Riparian Vag. & Yater Surface
Urban
3.2
1.5
1.0
0.7
1.5
3.6
5.4
4.8
6.9
7.7
6.4
4.7
47.4
3.4
47.6,
3.2
1.5
1.0
0.7
1.5
3.2
4.9
4.4
6.5
7,5
5.5
4.9
45.8
3.4
46.0
?A 22
1.5
1.0
0.7
1.5
2.7
3.8
4.0
5.1
7.4
6.1
4.3
41.7
2.6
41.7
1.5
1.0
0.7
1,5
1.9
22
2.6
4.0
8.2
6.0
2.3
34,3
1.9
33.8
2.4
1.5
1.0
Q.7
1.5
1,9
2.2
3.7
7.6
8.3
6.4
4.4
41.6
2.4
41.6
2.4
1.5
1.0
-0.7
1.5
1.9
2.2
2.0
5.9
73
4.3
2.5
33.2
1.9
32.7
2.4
1.5
1.0
0.7
1.5
1.9
2.2
2.3
5.7
6.9
5.1
2.5
33,8
1.9
33.3
2.4
1.5
1.0
0.7
1.5
1.9
2.2
1.7
5.7
6.2
2.7
2.
30,Q
1.9
29.5
2.4
1.5
1.0
0.7
1.5
1.9
2.5
4.8
8.7
7.7
4.4
2.5
39.6
1.9
39.7
2.4
1.5
1.0
0.7
1.5
1.9
2.2
1.0
3.5
7.7
6.4
4.7
34.5
2.4
34.5
2.4
1.5
1.0
0.7
1.5
1.9
2.2
1.7
4.3
7.4
5.5
2.8
32.9
1.9
32.4
2.4
1.5
1.0
0.7
2.0
4.3
5.7
3.1
1.8
1.0
1.0
1.6
26.1
16
24.7
2.4
1.5
1.0
0.7
1,5
1.4
2.2
2.8
5.3
6.5
g
3.4
34.5
2.4
34.5
3.2
1.5
1.0
0.7
1.5
1.9
2.8
5.6
8.8
9.8
.1
5.5
50.4
3.4
50.6
2.4
1.5
1.0
0.7
2.0
4,3
5.7
4,8
6.9
7.7
4.9
4.7
46.6
2.4
4,6..6
2.4
1.5
1.0
0.7
1,5
1.9
3.2
4.6
6.7
7.4
7.4
g.2
3.7
39.8
1:9
39.3
2.4
3.5
1.0
0.7
1.5
1.9
2.2
8.4
6.1
5.0
1.9
34.0
1.9
33.5
2.4
1.5
1.0
0.7
2.0
4.3
5.7
3.1
1.8
4.2
�.2
37.7
3.4
38.7
2.4
1.5
1.0
0.7
2.0
4.3
5.7
3.1
1.8
4.3
3
X5.8
•1
39:2
2.7
39.5
2.4
1.5
1.0
0.7
2.0
4.3
5.7
3.1
l.a
2.7
6.1
5.2
36,5
1.9
MO
2.4
1.5
1.0
0.7
2.0
4„3
5.7
3.1
3.6
7.76
433.559
411.7
41.6
1.9
41.1
2.4
1.5
0.7
2.0
4.
5.7
31
2.3
6.6
40.8
1.9
1.0
6:0
5:
40.3
2.4
1.5
1,0
0.7
2.0
4.3
5.7
3.1
4.1
7.4
5.3
4.9
42.4
2,4
42.4
2.1
1.5
1.0
0.7
2.0
4,3
S.7
3.1
2.3
6.6
6.0
5.2
40.8
2.4
40.8
2-e
1.5
1.0
0.7
2.t
4.3
5.7
3.1
4.1
7.4
5.3
4.9
42.4
3.4
43.4
2.4
1.5
1.0
0.7
1.4
1.0
1.1
1.0
1.0
1.0
1.0
1.0
14.0
1.0
12.6
2.4
1.5
1.0
0.7
1.4
3.7
3.!
21
2.3
2.8
2.3
2.0
25.8
16
25.0
4.0
2.4
1.4
0.8
1. i
4.5
7.4
6.6
9.,
11.8
9.7
7.0
67 .a
43
67.5
l:
n®
n c
n -r
I r
t o
I a
9 n
7-!
2.5
2.4
1.9
19.2
1.6
19.2
1/ Applies also to nonirrigated grain.
1 Applies also to nonirrigated orchards and vineyards
Metric conversion: inches times 25,4 equals mtlljmetres.
Page 3 of 4
WATER DIVERSION AND USE ESTIMATE WORKSHEET
To arrive at the estimated acre ft per month diverted, select the crop and "Et" value in inches from the attached Table A-5. The calculation is type of
crop acres times Et inches for the month of water application= 12 inches per ft. times 1.25 to cover contingencies equals the acre ft for that crop for
the month. Add the amounts for each crop for the months of applied water and insert on Line G. Enter "0" for the months of no applied water.
Example
2009 Crops
Jan
Feb
Mar
May
June Juzly
Aug
Sept
Oct
Nov
Dec
200 acres of field corn
(200x2.3 _
12 x 1.25)
47.92
(200x5.7 _ (200x6.9 T
12x 1.25 12 x 1.25)
118.75 143.75
(200x5.1
12 x 1.25)
106.25
140 acres of alfalfa
(140x4.4 :
12x 1.25)
64.17
(140x6.5 _ (1400.5 :
]2x 1.25 12x 1.25)
94.79 109.38
(140x6.5 +
12x 1.25)
94.79
(140x4.9
12x 1.25)
71.46
Winter flooding
use/acre ft/acre
200 acres of field corn
200.00
200.00
0
0
0
0
112.09
213.54 253.13
201.04
71.46
0
200.00
200.00
Page 4 of 4
RESOLUTION NO. 2010-111
A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO SUBMIT "NO'
VOTE ON PROPERTY ASSESSMENT BALLOT FOR
CITY PROPERTY LOCATED WITHIN THE CENTRAL
DELTA WATER AGENCY DISTRICT
WHEREAS, the Board of Directors of the Central Valley Water Agency will hold a
public hearing and assessment ballot proceeding on Tuesday, July 13, 2010, at
9:30 a.m., at 235 East Weber Avenue, Stockton, California, for the purpose of
considering protests, tabulating assessment ballots and otherwise considering adoption
of a new maximum assessment rate for future years and the assessment rate for fiscal
year 2010/1 1; and
WHEREAS, the current maximum annual assessment rate is $8.00 per acre with
a minimum of $2.00 per parcel and generates approximately $900,000.00 per year; and
WHEREAS, the current proposal would increase the maximum annual
assessment rate to $12.00 per acre with a minimum of $2.00 per parcel, generating
$1,347,000.00 per year, which would remain in effect indefinitely; and
WHEREAS, the Board of Directors could set the annual assessment at or below
the maximum rate each year; and
WHEREAS, the proposed increased assessment is for the purpose of sustaining
and increasing the level of activity to try to protect the water, water rights, drainage,
levee, and flood -related interests; and
WHEREAS, the basis of the proposed increased assessment is the acreage of
each parcel as shown on the San Joaquin County Assessor's Roll with some
adjustments related to land use; and
WHEREAS, the maximum rate of assessment and assessment will not be
increased if there is a "majority protest" however, the existing maximum rate will remain
in effect; and
WHEREAS, under Section 4 of Article XIII D of the California Constitution
(Proposition 218), a majority protest exists if, upon conclusion of the hearing, ballots
submitted in opposition to the assessment exceed the ballots submitted in favor of the
assessment; and
WHEREAS, the number of votes will be based on the dollar amount of the
proposed assessment using the proposed maximum assessment rate of $12.00 per acre
with a minimum $2.00 per parcel as adjusted pursuant to the allocations in the
Engineer's Report; and
WHEREAS, staff recommends a "no" vote because of difficulty associating the
proposed assessment with benefit to the citizens of Lodi.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to submit "no" vote on the Property Assessment Ballot for
City property located within the Central Delta Water Agency, on behalf of the City of
Lodi.
Dated: July 7, 2010
rr-. -.-: rr ::::z :: 1VVV-. -. ::::::.::::--.----
hereby certify that Resolution No. 2010-1 11 was passed and adopted by the
City Council of the City of Lodi in a regular meeting held July 7, 2010, by the following
vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— Hitchcock
ABSTAIN: COUNCIL MEMBERS— None
,W
2010-111