HomeMy WebLinkAbout2009-12-14 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
'rb Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Monday, December 14, 2009, 2:00 PM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director William R. Mills, Chair Ken Vecchiarelli, General Manager
Director Michael J. Beverage Pat Grady, Assistant General Manager
1. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
2. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
2.1. Ethics Policy
Recommendation: That the Committee direct Staff to draft an ethics policy to be
presented at a future Executive-Administrative-Organizational meeting and Board
meeting for final approval.
3. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
3.1. 2009 Summary of EAO Committee Activities
3.2. 2010 Goals and Objectives
3.3. Board of Directors Committee Assignments
3.4. Customer Correspondence
3.5. Records Retention Policy
3.6. Citizens Advisory Committee Membership
3.7. OCWD Annexation
3.8. City of Yorba Linda and City of Placentia Sewers
3.9. Final Report on 2009 Legislative Bills
3.10. General Counsel's Monthly Summary Billing Report
3.11. Future Agenda Items and Staff Tasks
4. ADJOURNMENT
4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held January 19, 2010 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 2.1
AGENDA REPORT
Meeting Date: December 14, 2009 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Pat Grady, Assistant General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Pat Grady, Assistant General CEQA Compliance: N/A
Manager
Subject: Ethics Policy
SUMMARY:
At the August 27, 2009 regular meeting, the Board of Directors approved the District's Grand Jury
responses. One of the findings and responses was related to ethics procedures and policies among
the various water agencies. The District responded to this finding and committed to adopting a
comprehensive ethics policy by February 2010.
STAFF RECOMMENDATION:
That the Committee direct Staff to draft an ethics policy to be presented at a future Executive-
Administrative-Organizational meeting and Board meeting for final approval.
DISCUSSION:
Attached for the Committee's reference and review are two ethics policies from two other water
agencies. Should the Committee direct Staff to prepare an ethics policy for Yorba Linda Water
District, it is anticipated these sample policies will be used as a model. While Yorba Linda Water
District currently has in place a Conflict-of-Interest Code, Staff will ensure that the proposed ethics
policy will not conflict with other existing District policies.
PRIOR RELEVANT BOARD ACTION(S):
The Board of Directors approved the District's Grand Jury responses on August 27, 2009.
ATTACHMENTS:
Sample Ethics_Policies.PDF s=ample Ethics Policies Backup Material
RESOLUTION NO. 2005-2-9
RESOLUTION OF THE INLAND EMPIRE UTILITIES
AGENCY, A MUNICIPAL WATER DISTRICT, SAN
BERNARDINO COUNTY, CALIFORNIA, ESTABLISHING
RULES AND PROCEDURES RELATIVE TO THE CONDUCT
OF MEMBERS OF THE BOARD OF DIRECTORS,
EXECUTIVE MANAGERS AND AGENCY EMPLOYEES
WHEREAS, the mission of the Agency is to supply imported and recycled water;
collect, treat, and dispose of wastewater; and provide other utility-related services to the
agencies it serves. The Agency strives to provide these services in a regionally planned,
managed, and cost-effective manner which protects the public health and environment,
and maintains a high level of public awareness;
WHEREAS, the success of the Agency depends on teamwork, mutual trust and
respect, and commitment to the highest standards of quality, responsibility, accountability,
and dedication;
WHEREAS, the Board of Directors, Executive Management and employees of the
Agency are responsible for fulfilling the mission and values by demonstrating and
expecting:
• Loyalty, professionalism and ethical behavior,
• Open and courteous communication with each other and with the
communities served,
• Prudent and cost - effective resource planning, management, and utilization,
• Innovation in meeting the present and future needs of the Agency.
WHEREAS, members of the Board of Directors, Executive Management and
Agency employees should be dedicated to the highest standards of integrity and
accountability while serving the public;
WHEREAS, members of the Board of Directors, Executive Management and
employees of the Inland Empire Utilities Agency are dedicated to earning and maintaining
the trust, confidence and support of the public they serve;
WHEREAS, the objective of the Board of Directors in adopting a formal ethics policy
is to supplement state and federal law, and to provide guidance for dealing with ethical
issues, and heighten awareness of ethical behavior; and,
WHEREAS, the adoption of written guidelines regarding the ethical conduct of
members of the Board of Directors, Executive Management, and Agency staff will provide
a sound foundation on which to build public trust and confidence.
NOW THEREFORE, the Board of Directors of the Inland Empire Utilities Agency* does
hereby RESOLVE, DETERMINE, AND ORDER as follows:
SOMEONE=
Resolution No. 2005-2-9
February 16, 2005
Page 2
Section Subiect Matter
Section 1. Policy Statement
Section 2. Responsibilities of Public Services
Section 3. Equal Treatment
Section 4. Protection of Agency Resources, Property and Information
Section 5. Confidential Information
Section 6. Conflict of Interest
Section 7. Post-Employment Relationships
Section 8. Incompatible Offices
Section 9. Gifts and Gratuities
Section 10. Board Member - Executive Management - Employee Relationships
Section 11. Political Contributions
Section 12. RetaIiation/Whistleblowers
Section 13. Conflict of Laws
Section 14. Training and Education
Section 15. Complaint Procedure
Section 16. Violations and Penalties
Section 17. Challenges to the Code of Ethics
Section 18. Severability
Section 19. Development of Policies and Procedures
Section 1. Policy Statement. The policy of the Inland Empire Utilities Agency is
to maintain the highest standards of ethics from its Board Members, Executive Managers
and Agency employees and to assist Board Members, Executive Managers, and Agency
employees with their decision making. The proper operation of the Agency requires
decisions and policy to be made in the proper channels of governmental structure, that
public office not be used for personal gain, and that all individuals associated with the
Agency remain impartial and responsible towards the public to ensure public confidence in
the decisions being made by the Agency. Accordingly, it is the policy of the Agency that
Board Members, Executive Managers, and Agency employees shall maintain the highest
standard of personal honesty and fairness in carrying out their duties.
Section 2. Responsibilities of Public Service. Board Members, Executive
Managers, and Agency employees are obligated to uphold the Constitution of the United
States and the Constitution of the State of California, and to carry out the laws of national,
state and local governmental agencies. Board Members, Executive Managers, and Agency
employees shall comply with both the spirit and the letter of applicable laws regulating their
conduct, including conflict of interest and financial disclosure laws. Board Members,
Executive Managers, and Agency employees should work in full cooperation with other
public officials unless prohibited from so doing by law or officially recognized confidentiality
of their work.
(a) Members of the Board of Directors, persons elected but who have not
yet assumed office as a member of the Board, Executive Managers, and employees will
fully comply with the provision of the state's open meeting law for Public Agencies (Brown
Act).
Resolution No. 2005-2-9
February 16, 2005
Page 3
(b) Members of the Board of Directors, Executive Managers, and
employees must exercise their responsibilities, both professional and personal, above
reproach and avoid even the appearance of impropriety.
(c) Members of the Board of Directors, Executive Managers, and
employees of the Agency shall perform their duties/responsibilities in accordance with
these rules established by the Agency, state law, federal law, and/or regulation of state
and federal agencies. Board Members, Executive Managers, and Agency employees shall
refrain from abusive conduct, personal attacks upon the character or morals of other Board
Members, Executive Managers, Agency employees, or members of the public.
(d) Board Members, Executive Managers, and Agency employees shall
not interfere with the proper performance of the official duties of others. Board Members,
Executive Managers, and Agency employees are strongly encouraged to fulfill their own
moral obligations to the public and the Agency by disclosing to the extent not expressly
prohibited by law, improper activities within their knowledge. No Board Member, Executive
Manager, or Agency employee shall directly or indirectly use or attempt to use the
authority or influence of his or her position for the purpose of intimidating, threatening,
coercing, commanding, or influencing any person with the intent of interfering with that
person's duty to disclose improper activity.
Section 3. Equal Treatment.
(a) No Board Member, Executive Manager, or Agency employee shall
grant any special consideration, treatment, or advantage to any person or group beyond
that which is available to every other person or group in the same circumstances.
(b) Board Members, Executive Managers, and Agency employees are
prohibited from offering inducements to potential vendors, contractors, consultants, or
other parties, to the exclusion of similar persons or firms, in hopes of obtaining reciprocal
favors. Agency policies pertaining to the procurement of goods, services, and contractors,
as well as the hiring of personnel, must be followed to ensure fairness to the participants.
A Board Member, Executive Manager, or Agency employee shall not exercise any
decision-making power with respect to any transaction, contract or sale to which the
Agency is a party and in which the Board Member, Executive Manager, or Agency
employee has a financial or personal interest. Proposed relationships with former Board
Members, Executive Managers or Agency employees subject to Board approval must be
evaluated carefully in advance of completing any agreement with such persons to ensure
that no unfair advantage is given to them and that the Agency's interests are fully
protected in such situations.
(c) Board Members, Executive Managers, and Agency employees shall
not, in the performance of their official functions, discriminate against any person on the
basis of race, religion, color, creed, age, marital status, national origin, ancestry, sex,
sexual preference, medical condition, or disability.
Resolution No. 2005-2-9
February 16, 2005
Page 4
Section 4. Protection of Agency Resources, Property, and Information.
(a) No Board Member, Executive Manager, or Agency employee shall use
or permit the use of Agency-owned vehicles, equipment, computers, telephones, materials
or property for personal convenience or profit.
(b) No Board Member, Executive Manager, or Agency employee shall
require or request an Agency employee to perform services for the personal convenience
or profit of a Board Member, Executive Manager, or Agency employee. Each Board
Member, Executive Manager, and Agency employee must protect and properly use any
Agency asset within his or her control, including information recorded on paper or in
electronic form. Using Agency assets for personal profit/use is forbidden. Board Members,
Executive Managers, and Agency employees shall safeguard Agency property, equipment,
monies, and assets against unauthorized use or removal, as well as from loss due to
criminal act(s) or breach of trust.
(c) Board Members, Executive Managers, and Agency employees are
responsible for maintaining written records, including expense accounts, in sufficient detail
to reflect accurately and completely all transactions and expenditures made on the
Agency's behalf. Creating any Agency document with misleading or false information is
prohibited.
Section 5. Confidential Information.
(a) Board Members, Executive Managers and Agency employees are not
authorized, without approval of the Agency's General Counsel, to disclose information that
qualifies as confidential information under applicable provisions of law to a person not
authorized to receive said information, that (1) has been received for, or during, a closed
session meeting of the Board, (2) is protected from disclosure under the attorney/client or
other evidentiary privilege, or (3) is not required to be disclosed under the California Public
Records Act and/or California Government Code.
(b) Confidential information must not be released to unauthorized persons
unless the disclosure is approved by the Board of Directors or the Office of the General
Counsel. Board Members, Executive Managers, and Agency employees are prohibited
from using any confidential information for personal advantage or profit.
(c) This section does not prohibit any of the following:
1) Making a confidential inquiry or complaint to a district attorney
or grand jury concerning a perceived violation of law, including
disclosing facts to a district attorney or grand jury that are necessary
to establish the alleged illegality of an action taken by the Agency, an
elected official or employee.
NEW
Resolution No. 2005-2-9
February 16, 2005
Page 5
2) Expressing an opinion concerning the propriety or legality of
actions taken by the Agency in closed session, including disclosure of
the nature and extent of the allegedly illegal action.
3) Disclosing information acquired by being present in a closed
session that is not confidential information. Prior to disclosing non-
confidential information pursuant to (1) or (2) above, or pursuant to
this section, however, a Board Member, Executive Manager or
Agency employee will first bring the matter to the attention of the
Agency's General Counsel to provide the Agency an opportunity to
cure an alleged violation or to assure that said information is not
confidential.
4) All individuals employed by the Agency in an Executive
Management position, in the Executive Management Administrative
Support Group, in the Human Resources Department, in the
Information Services Department or in Records Management and the
Public Information Officer and Board Secretary shall be required to
sign an acknowledgement regarding their need to maintain
confidentiality and the possible penalties for violating confidentiality.
Section 6. Conflict of Interest.
(a) No Board Member shall vote on a matter before the Board of Directors
if he or she has any material interest (for purposes of this Section materiality shall be as
defined in the Fair Political Practices Act, as amended from time to time), financial or
otherwise, direct or indirect, or any obligation of any nature which is in conflict with the
proper performance of his or her duties as a Board member. No Board Member shall
participate in any discussion of a matter before the Board of Directors if he or she has any
material interest, financial or otherwise, direct or indirect, or any obligation of any material
nature which is in conflict with the proper performance of his or her duties as a Board
Member. The Board Member shall disclose the full nature of the conflict on the records of
the Board. The Board Member shall not participate in the discussion or vote on such issue
that he/she has a material interest in.
(b). Circumstances establishing a conflict of interest include but are not
limited to, situations where:
1) The Board Member has a material financial or personal interest
in the outcome of a matter before the Board, or is associated as an
owner, member, partner, officer, employee, broker or material
stockholder in an enterprise that will be affected by the outcome of a
matter before the Board;
2). The Board Member has reason to believe or expects that he or
she will receive, or a member of his or her immediate family will
receive, a direct or indirect monetary gain or loss by reason of his or
her participation in a matter before the Board;
011 z!
Resolution No. 2005-2-9
February 16, 2005
Page 6
3). The Board Member is participating in a decision affecting a
person, vendor, contractor, firm, consultant or organization while
seeking employment with that same person or entity;
4). The Board Member has a prohibited interest as defined by
Government Code sections 1090, et seq. and the Political Reform
Act, Government Code Section 81000 et seq., relating to conflicts of
interest including, but not limited to contractual, relationships,
employment or other sources of income.
(c) Board Members shall refrain from voting on or otherwise influencing
matters involving any person with whom the member is negotiating for, or has accepted,
future employment, or with whom the member has, or is negotiating for, a direct or
indirect ownership interest or business relationship. Nothing in the foregoing shall apply
to the member's non-controlling interest in a publicly held entity. Board Members are
prohibited from recommending the employment of a relative by the Agency. In addition,
a Board Member is prohibited from recommending the employment of a relative to any
person known by the Board Member to be bidding for or negotiating a contract with the
Agency.
(d) No requirement or guideline contained in this Section shall
supersede the Agency's Conflict of Interest Resolution and/or applicable state or federal
law.
(e) No conflict shall exist if a Board Member votes on a rate increase or
tax level that effects all members of a class in the same manner as it will effect the
Board Member and/or a member of his/her immediate family.
Section 7. Post-Employment Relationships. For a period of one year after
leaving office or employment with the Agency:
(a) Former Board Members shall not represent for compensation any
non-governmental entity before the Agency, except as provided for in Section E hereof.
(b) Former Executive Managers and employees of the Agency shall
not represent for compensation any non-governmental entity before the Agency with
regard to any issues over which that Executive Manager or employee had decision-
making authority during the one year prior to leaving office or employment, except as
provided for in Section E hereof.
(c) For purposes of this Section, "represent" shall mean for
compensation to actively support or oppose a particular decision in a proceeding by
lobbying in person the Executive Managers or employees of the Agency, testifying in
person before the Agency, or otherwise acting to influence the employee or Board of
Directors of the Agency.
Resolution No. 2005-2-9
Page 7
(d) These restrictions shall not apply to representation of not-for-profit
charitable entities or government entities before the Agency.
(e) The Agency may not contract with former Board Members,
Executive Managers or Agency employees or with businesses where the former Board
Member, Executive Manager or Agency employee serves as an officer, principal, major
shareholder or has been identified as a key personnel, unless approved by a majority
vote of the Board of Directors at a regularly scheduled meeting of the Board.
Section 8. Incompatible Offices. Any Board Member, Executive Manager, or
Agency employee being considered for appointment or election to a public office of
another public entity, the duties of which may require action contrary or inconsistent with
the interest of the Agency, may request an opinion from the Attorney General of the
State of California or the California Fair Political Practices Commission, whichever may
be applicable as to the compatibility of the offices.
Section 9 Gifts and Gratuities. No Board Member, Executive Manager, or
Agency employee, shall receive or agree to receive, directly or indirectly, any
compensation, reward, honoraria or gift from any source except from his or her
employer, for any action related to the conduct of the Agency's business, except as set
forth in Agency Policy A-28.
Section 10. Board Member- Executive Manacier/Employee Relationship.
(a) Except for statements on the record in a scheduled public meeting,
Board Members shall not directly or indirectly communicate with the Chief Executive
Officer/General Manager, General Counsel, Internal Auditor (or their staffs) regarding
the selection of specific vendors, contractors, consultants, or other business entities for
a specific procurement of goods or services.
(b) This policy in no way restricts open communication between Board
Members and the Chief Executive Officer/General Manager, General Counsel, or
Internal Auditor on Agency-wide procurement policies, procedures, or other general
matters.
(c) Board Members will provide policy direction and instructions to the
Chief Executive Officer/General Manager on matters within the authority of the Board of
Directors by a majority vote of the Board during a duly convened meeting of the Board
and/or Board Committee meetings.
(d) Board Members will address matters within the authority of the
Chief Executive Officer/General Manager through the Chief Executive Officer/General
Manager and not directly through Agency staff. Board Members are not to directly
request analyses by Agency staff, perform work assignments or change the priority of
work assignments. Board Members may request non-confidential, factual information
Resolution No. 2005-2-9
Page 8
regarding Agency operations directly from Agency staff. Agency staff are to advise the
Chief Executive Officer/General Manager of all requests received by them from a Board
Member within 48 hours of the request.
Section 11. Political Contributions.
(a) Board Members, Executive Managers, and Agency employees are
prohibited from soliciting political funds or contributions at Agency facilities on Agency
time or while representing the Agency.
(b) No Board Member, Executive Manager, or Agency employee shall
use the Agency's seal, trademark, stationary, or other indicia of the Agency's identity, or
facsimile thereof, in any solicitation for political contributions.
Section 12. Retaliation/Whistleblowers. The Agency is committed to
providing its officials, employees and members of the public with a protective work
environment that encourages individuals to report alleged violations of state and/or
federal rules, regulations and laws or Agency policies without fear of retaliation. To that
end, a Retaliation Free Workplace policy has been implemented (A-103).
Section 13. Conflict with Laws. In the event of a conflict between the contents
of this Resolution and state and/or federal law/regulations, the appropriate state and/or
federal law/regulations shall be the presiding document.
Section 14. Traininq & -Education. All Board Members, Executive Managers
and Department Managers of the Agency shall receive ethics training and refresher
training on appropriate Agency policies (i.e.; gifts, retaliation, discrimination,
harassment, etc.) as soon as practical following the General Election where Board
Members are elected. In the event that a Board Member is seated mid-term, said Board
Member shall receive from the Agency's General Counsel a tutorial on all relevant
laws/regulations/policies (i.e.; conflict of interest, the Brown Act, Agency's ethics policy,
etc.) within 15 calendar days of being elected or appointed to the Board of Directors.
Section 15. Complaint Procedure.
(a) Concerns regarding a Board member's, Executive Manager's,
contractor's, consultant's or vendor's ethical behavior should be reported immediately to
the Agency's General Counsel. Concerns regarding an employee's ethical behavior
should be immediately reported to the Manager of Human Resources & Support
Services. The ethics complaint process should be used for allegations of intentional or
negligent non-compliance with this Resolution, state or federal law or Agency policies.
(b) All information relating to verbal and written complaints and
investigation materials will be kept strictly confidential to the extent permitted by law.
I j,
Resolution No. 2005-2-9
Page 9
(c) Where practical, all complaints should be submitted in writing with
substantiating' documentation or through the Agency's Ethics/Fraud hotline. While
complaints may be submitted anonymously, individuals are strongly encouraged to
identify themselves, as this will facilitate follow-up and investigation regarding the
complaint.
(d) All complaints received by General Counsel or the Manager of
Human Resources & Support Services regarding ethical or possible illegal behavior will
be reviewed by the Agency's General Counsel and where deemed appropriate, by
General Counsel, will have an investigation commenced within 15 calendar days of
receipt. If practical all investigations into complaints will be completed within 60
calendar days of commencement of the investigation.
(e) Unless it is necessary as part of the investigation to communicate
with the Board of Directors, Executive Manager or employee, or as provided for in
Section 15.f, no Board Member, Executive Manager or employee is to be advised that
an investigation is being conducted.
(f) Upon completion of the investigation, General Counsel will find the
complaint to be unsubstantiated, to be mistaken, to be malicious, or find that non-
compliance has occurred. If a finding of non-compliance has occurred involving
members of the Board of Directors or Executive Management, General Counsel will
recommend appropriate action to the full Board of Directors, as permitted by the Brown
Act. If a finding of non-compliance has occurred involving an Agency employee,
General Counsel will recommend appropriate action to the Manger of Human
Resources & Support Services. In instances where the finding is that an employee of
the Agency filed a malicious complaint, General Counsel will recommend appropriate
action to the Manager of Human Resources & Support Services against the complaining
employee.
(g) if a finding of non-compliance has occurred involving a contractor,
consultant, or vendor, General Counsel will forward a copy of the investigation to the
appropriate law enforcement agency.
(h) All records of complaints filed against a Board Member, Chief
Executive Officer/General Manager, or a member of Executive Management are to be
kept in a locked file in the Office of the Agency's General Counsel. All records of
complaints filed against an Agency employee are to be kept in a locked file in the Office
of the Manager of Human Resources & Support Services.
Section 16. Violations and Penalties. A violation of this Resolution may be
addressed by the use of such remedies as are available by law to the Agency, including
but not limited to, adoption of a resolution expressing disapproval of the conduct of a
Resolution No. 2005-2-9
Page 10
Board Member who has violated this Resolution, injunctive relief, or referral of the
violation to the San Bernardino County District Attorney or grand jury. In the instance
where an employee of the Agency violates the provisions of this Resolution, appropriate
disciplinary action shall be imposed as provided for in the respective personnel manual,
up to and including termination.
Section 17. Challenges to the Code of Ethics. A violation of this Resolution
shall not be considered a basis for challenging the validity of a Board action, unless said
violation is also a violation of state or federal law which would invalidate the Board's
action.
Section 18. Severability. If any section, subsection, subdivision, sentence,
clause or phrase of this Resolution is for any reason held to be unconstitutional or
otherwise invalid, such invalidity shall not affect the validity of the entire Resolution or
any of the remaining portions thereof. The Inland Empire Utilities Agency's Board of
Directors hereby declares that they would have passed this Resolution, and each
section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the
fact that any one of more sections, subsections, subdivisions, sentences, clauses or
phrases are declared unconstitutional or otherwise invalid.
Section 19. Development of Policies and Procedures. The Chief Executive
Officer/General Manager is hereby authorized to develop policies and procedures
necessary to administer this Resolution.
ADOPTED this 16th day of February, 2005
(Ce P Ogenc~ Inland Empire
d of the Board
d
1tiey* an
of Directors thereof
ATTEST:
Secretary of the Inland Empire Utilities
Agency* and the Board of Directors thereof
*A Municipal Water District
Ni IN
Cucamonga Valley
Water District POLICY A PROCEDURE
_A=_
APPROVAL DATE MANUAL POLICY NO.
8/14/2007 EMPLOYEE PERSONNEL MANUAL 4.4.1
APPROVED BY POLICY TITLE EFFECTIVE DATE
8/14/2007
Board of Directors ETHICS POLICY Page 1 of 12
PURPOSE AND SCOPE
The Cucamonga Valley Water District's Mission Statement reads as follows: "TO
PROVIDE HIGH-QUALITY, SAFE AND RELIABLE WATER AND WASTEWATER SERVICES WHILE
PRACTICING GOOD STEWARDSHIP OF NATURAL AND FISCAL RESOURCES". CVWD is also
dedicated to the highest ideals of integrity and accountability to earn the trust and
confidence of the public we serve.
The proper operation of the District requires that decisions and policy are made within the
appropriate channels of governmental structure, that public office not be used for personal
gain, and that Board members and employees remain objective and responsive to the needs
of public they serve. As a public agency, its officials must carry out their fiduciary duties
of responsibility and accountability to the public it serves as well. Cucamonga Valley
Water District's Board members and employees are dedicated to preserving the public
trust, and have developed this ETHICS POLICY to establish the basic ethical standards of
conduct and accountability which Board members and employees are expected to adhere to
while conducting the public's business.
This policy also serves to:
• Provide guidance for dealing with ethical issues,
• Heighten awareness of ethics and values as critical elements in Board
members'/designated employees' conduct,
• Improve ethical decision-making and values based management, and
• Provide a standard by which conduct will be judged.
Most of the guidelines covered in this policy reflect the requirements of existing law (legal
citations are noted). However, it is the District's intent that the items addressed in this
policy be considered as supplemental to present State and Federal Laws, and are in no
way intended to supersede those laws.
RESPONSIBILITIES OF PUBLIC OFFICE/PUBLIC SERVICE
Board members and employees will comply with all applicable laws regulating their
conduct including, but not limited to, Conflict of Interest, financial disclosure, and open
government laws. Board members and designated employees will strive to work
Cucamonga Valley
Water District POLICY AND PROCEDURE
APPROVAL DATE MANUAL POLICY NO.
8/14/2007 EMPLOYEE PERSONNEL MANUAL 4.4.1
APPROVED BY POLICY TITLE EFFECTIVE DATE
8/14/2007
Board of Directors ETHICS POLICY Page 2 of 12
cooperatively with other public officials and the public unless prohibited from doing so by
law or officially-recognized confidentiality of their work.
It is the spirit of this policy to expect all employees, and members of the Board, to conduct
themselves both professionally and personally in a manner above reproach and to avoid the
appearance of impropriety. -
(Government Code Section 1360; Article 20, Section 3 of the California Constitution)
FAIR AND EQUAL TREATMENT
Board members and employees will not grant any special consideration, treatment or
advantage to any person or group beyond that which is available to every other person or
group in similar circumstances. Board members and employees in the performance of
their official duties and responsibilities, will not discriminate against or harass any person
on the basis of race, religion, color, creed, age, marital status, national origin, ancestry,
gender, sexual orientation, medical condition or disability. The intent of District Policy
4.5 is to ensure an environment for all employees which is fair, humane, and respectful.
(Article 1, Section 31 of the California Constitution; Age Discrimination in
Employment Act of 1967 (U.S.C. Section 621-634); Americans with Disabilities Act of
1990 (42 U.S. C. Section 12101 et. Seq.); Fair Employment and Housing Act
(Government Code, Section 12900 et. Seq.); Rehabilitation Act of 1973 (29 US. C.,
Section 701 et. Seq.); Title VII of the Civil Rights Act of 1964 (42 U.S. C. Section 2000e
et. Seq.); Labor Code Section 1102.)
PROPER USE AND SAFEGUARDING OF DISTRICT PROPERTY AND
RESOURCES
A. Board members and employees will not use or permit the use of District owned
vehicles, equipment, telephones, materials or property for personal benefit or profit.
B. Board members and employees will not ask or require a District employee to perform
services for the personal benefit or profit of a Board member or employee. Each Board
member and employee must protect and properly use any District asset within his or her
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control, including information recorded on paper or in electronic form. Board members
and employees will also safeguard District property, equipment, moneys and assets
against unauthorized use or removal, as well as from loss due to criminal acts or breach
of trust.
C. Board members and employees responsible for maintaining written records, including
expense accounts, shall maintain such records in sufficient detail to reflect accurately
and completely all transactions and expenditures made on the District's behalf.
Creating any District document with misleading or false information is prohibited.
(Article 16, Section 6 of the California Constitution, Government Code Section 8314;
Penal Code Section 424).
CONFIDENTIAL INFORMATION
A. A Board member or employee is not authorized, without approval of legal counsel, to
disclose information that qualifies as confidential information under applicable
provisions of law to a person not authorized to receive it, that (1) has been received for,
or during, a closed session meeting of the Board, (2) is protected from disclosure under
the attorney/client or other evidentiary privilege, or (3) is not required to be disclosed
under the California Public Records Act or the California Government Code.
B. This section does not prohibit any of the following: (1) making a confidential inquiry
or complaint to a district attorney or grand jury concerning a perceived violation of law,
including disclosing facts to a district attorney or grand jury that are necessary to
establish the alleged illegality of an action taken by the District, an elected official, or
employee, (2) expressing an opinion concerning the propriety or legality of actions
taken by the District in closed session, including disclosure of the nature and extent of
the allegedly illegal action, or (3) upon consultation with legal counsel, disclosing
information acquired by being present in a closed session that is not confidential
information.
Prior to disclosing confidential information pursuant to this section, a Board member
will first bring the matter to the attention of either the President of the Board, and the
General Manager/CEO or the full Board and the General Manager/CEO, to provide the
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Board an opportunity to cure an alleged violation or to assure that said information is
not confidential.
C. A Board member who willfully and knowingly discloses for pecuniary gain
confidential information received by him or her in the course of his or her official
duties financial or economic gain may be guilty of a misdemeanor under Government
Code Section 1098.
(California Government Code Section 54963).
CONFLICT OF INTEREST
A. No requirement or guideline contained in this Section shall supersede the District's
Conflict of Interest Code and/or applicable state or federal law.
B. Board members and designated employees will not have a financial interest in a
contract with the District, or be a purchaser at a sale by the District or a vendor at a
purchase made by the District, unless the Board member's participation was authorized
under Government Code Section 1091 or 1091.5 or other provisions of law. A Board
member will not participate in the discussion, deliberation or vote on a matter before
the Board of Directors, or in any way attempt to use his or her official position to
influence a decision of the Board, if he or she has a prohibited interest with respect to
the matter, as defined in the Political Reform Act, Government Code Sections 81000,
and following, relating to conflicts of interest. Generally, a Board member has a
financial interest in a matter if it is reasonably foreseeable that the Board decision
would have a material financial effect (as defined by the Fair Political Practices
Commission [FPPC] regulations) that is distinguishable from the effect on the public
generally based upon the following grounds:
(1) business entity in which the Director has a direct or indirect investment in the
amount specified in FPPC regulations;
(2) real property in which the Director has a direct or indirect investment interest with a
worth in the amount specified in FPPC regulations;
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(3) a source of income of the Director in the amount specified in FPPC regulations,
within 12 months before the Board decision;
(4) a source of gifts to the Director in an amount specified in FPPC regulations within
12 months before the Board decision; or
(5) a business entity in which the Director holds a position as a director, trustee, officer,
partner, manager or employee.
An "indirect interest" means any investment or interest owned by the spouse or
dependent child of the Board members and designated employees, by an agent on
behalf of the Board member, or by a business entity or trust in which the Board
member, or the Board member's spouse, dependent child or agent, owns directly,
indirectly or beneficially a 10 percent interest or greater. A Board member or
designated employee will not accept honoraria, or gifts that exceed the limitations
specified in the Fair Political Practices Act or FPPC regulations. Board members and
designated employees will report all gifts, campaign contributions, income and
financial information as required under the District's Conflict of Interest Code and the
provisions of the Fair Political Practices Act and FPPC Regulations.
(Government Code Sections 87100 and following.)
C. If a member of the Board believes that he or she may be disqualified from participation
in the discussion, deliberations or vote on a particular matter due to a conflict of
interest, the following procedure will be followed:
(1) if the Director becomes aware of the potential conflict of interest before the Board
meeting at which the matter will be discussed or acted on, the Director will notify the
District's General Manger/CEO and the District's legal counsel of the potential conflict
of interest, so that a determination can be made whether it is a disqualifying conflict of
interest;
(2) if it is not possible for the Director to discuss the potential conflict with the General
Manager/CEO and legal counsel before the meeting, or if the Director does not become
aware of the potential conflict until during the meeting, the Director will immediately
disclose the potential conflict during the Board meeting, so that there can be a
determination whether it is a disqualifying conflict of interest; and
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(3) upon a determination that there is a disqualifying conflict of interest, the Board
member (a) will not participate in the discussion, deliberation or vote on the matter for
which a conflict of interest exists, which will be so noted in the Board minutes, and (b)
leave the room until after the discussion, vote and any other disposition of the matter is
concluded unless the matter has been placed on the portion of the agenda reserved for
uncontested matters. The Board member may speak on an uncontested matter during
the time the general public speaks on the issue.
D. A Board member will not recommend the employment of a relative by the District. A
Board member will not recommend the employment of a relative to any person known
by the Board member to be bidding for or negotiating a contract with the District.
E. A Board member or designated employee who knowingly asks for, accepts or agrees to
receive any gift, reward or promise thereof for doing an official act, except as may be
authorized by law, may be guilty of a misdemeanor under Penal Code Section 70.
(Government Code Sections 1090 and following, 81000 and following, and 87105;
Penal Code Sections 68 and 70).
SOLICITING POLITICAL CONTRIBUTIONS
Board members are prohibited from soliciting political funds or contributions at District
facilities or from District employees. A Board member will not accept, solicit or direct a
political contribution from:
A. District employees, officers, consultants or contractors used by the District in the past
12 months, or
B. Vendors of consultants who have a material financial interest in a contract or other
matter while that contract or other matter is pending before the District. A Director will
not use the District's seal, trademark, stationery or other indicia of the District's
identity, or facsimile thereof, in any solicitation for political contributions contrary to
State or Federal law.
(Government Code Section 3205)
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INCOMPATIBLE OFFICES
Any Board member appointed or elected to a public office of another public entity, the
duties of which may require action contradictory or inconsistent with the interests of the
first entity (as determined under applicable law) will resign from the former office.
(See, generally, 73 Cal.Op.Atty.Gen. 357 (1990); Government Code Section 53227
under which an employee of a special district may not be sworn into office as an
elected or appointed member of the Board of the same special district unless he or she
resigns as an employee).
BOARD MEMBER - GENERAL MANAGER/CEO RELATIONSHIP
A sound working relationship between the Board and management is essential to the
success of a public agency. The District has adopted a Board of Director's handbook
which specifically addresses the roles and responsibilities of the Board of Directors and the
General Manager/CEO.
A. The Board of Directors establishes policies that guide the District to meet its mission.
B. The role of the General Manager/CEO is to manage and administer the District's daily
operations in accordance with the policies approved by the Board. The District's
General Manager/CEO serves at the pleasure of the Board. The Board will provide
policy direction and instructions to the General Manager/CEO on matters within the
authority of the Board by majority vote of the Board (unless a greater number of votes
is required by law for a particular matter) during duly-convened Board and Board
committee meetings. Members of the Board will deal with matters within the authority
of the General Manager/CEO through the General Manager/CEO and not through other
District employees, except as it pertains to the functions of the District Treasurer.
Members of the Board will refrain from making requests directly to District employees
rather than to the General Manager/CEO) to undertake analyses, perform other work
assignments or change the priority of work assignments. Members of the Board may
request non-confidential, factual information regarding District operations from District
employees.
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C. An auditor as an independent contractor of the District will be retained by the Board,
and will conduct an annual audit of the District's books, records, and financial affairs.
(Water Code Sections 30580 through 30582)
IMPROPER ACTIVITIES AND REPORTING OF SUCH ACTIVITIES;
PROTECTION OF "WHISTLE BLOWERS"
A. The General Manager/CEO has primary responsibility for (1) ensuring compliance with
the District's Personnel Manual and ensuring that District employees do not engage in
improper activities. (2) investigating allegations of improper activities, and (3) taking
appropriate corrective and disciplinary actions. The Board has a duty to ensure that the
General Manager/CEO is operating the District according to law and the policies
approved by the Board. Board members are encouraged to fulfill their obligation to the
public and the District by disclosing to the General Manager/CEO to the extent not
expressly prohibited by law, improper activities within their knowledge. Board
members will not interfere with the General Manager/CEO's responsibilities in
identifying, investigating, and correcting improper activities unless the Board
determines that the General Manager/CEO is not properly carrying out these
responsibilities.
B. A Board member or employee will not directly or indirectly use or attempt to use the
authority or influence of his or her position for the purpose of intimidating, threatening,
coercing, commanding or influencing any other person for the purpose of preventing
such person from acting in good faith to report otherwise bring to the attention of the
General Manager/CEO or the Board any information that, if true, would constitute: a
work-related violation by a Board member or District employee of any law or
regulation, gross waste of District funds, gross abuse of authority, a specified and
substantial danger to public health or safety due to an act or omission of a District
official or employee, use of a District office or position or of District resources for
personal gain, or a conflict of interest of a District Board member or designated
employee.
C. A Board member or employee will not use or threaten to use any official authority or
influence to effect any action as a reprisal against a District Board member or District
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employee who reports or otherwise brings to the attention of the General Manager/CEO
any information regarding the subjects described in this section.
(Labor Code Section 1102.5 and following; Government Code Sections 53298 and
53298.5)
COMPLIANCE WITH THE BROWN ACT
The members of the Board of Directors, and persons elected but who have not yet assumed
office as members of the Board will fully comply with the provisions of the State's open
meeting. law for public agencies (the Brown Act).
Each year, District's Legal Counsel prepares a synopsis of changes to the Brown Act. This
synopsis, as well as a copy of the Act, are distributed annually to each Director.
(Government Code Sections 54950 and following, and 54952.1 and 54959)
DIRECTORS COMPENSATION AND EXPENSE REIMBURSEMENT
A. Under Section 20200 of the Water Code, board members are allowed compensation for
each day's service rendered as a Board member. Section 20202 of the Water Code
limits compensation to no more than a total of 10 days in any calendar month; and
limits increases to a maximum of 5% each year. In accordance with the Water Code,
District Ordinance 40 was adopted in May of 1990 and creates a framework for
establishing Directors compensation as well as a mechanism for future increases.
B. In addition to compensation at a daily rate consistent with applicable law for each day
of service rendered as a member of the Board; Board members are allowed
reimbursement for reasonable and necessary expenses related to meals, lodging and
travel expenses incurred in attending any conference, meeting, or approved event.
District Policy 9.2 establishes uniform policies and procedures for such reimbursement.
Reporting of Expenses Under Government Code Section 53065.5: The District is
required at least annually, to disclose any reimbursement paid by the District within the
immediately preceding fiscal year of at least $100.00 for each individual charge for
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services or product received. "Individual charge" includes, but is not limited to, one
meal, lodging for one day, transportation, or a registration fee paid to any District
employee or member of the Board of Directors of the District. The disclosure
requirement must be fulfilled by including the reimbursement information in a
document published or printed at least annually by a date determined by the District
and must be made available for public inspection. The calculation of whether an
expense reimbursement amounts to $100.00 or more is to be made on a day-to-day
basis. Therefore, the reporting of an expense reimbursement need not be made if there
is no expense reimbursement of $100.00 or more for one meal, or one day's hotel or
any other one day individual charge for which any director, officer or employee
receives reimbursement from the District. The reimbursements that need to be
disclosed are those that are paid within the immediately preceding fiscal year. This law
only requires disclosure of expenditures incurred by the employee/director and then
reimbursed by the District. The reporting requirement does not require the District to
disclose expenditures paid directly by the District. However, the extent of the
legislation would also seem to encourage disclosure of those expenditures paid directly
by the District that are of the same type as expense account reimbursements. The
District may elect to take this more conservative approach at any time in the future.
Statement for Compliance with Reporting Requirements: The District should compile
on a worksheet all of the qualifying reimbursements (day-to-day expenses that have
been reimbursed and which amount to $100.00 or more). Once this worksheet is
printed/published (i.e. filled out, printed, etc.) then the District should place the
document in a District file and make it available for inspection or copying upon
request. It is recommended that this document also be included in agenda packets for
Board meetings on, for example, a quarterly basis.
C. In connection with all issues arising out of compensation and expenses, it is helpful for
Board members and designated employees to pose this series of questions.
• Does the law allow me to use public resources in this manner?
• How does this particular expenditure benefit the public's interest as opposed to
my own personal interest?
• Is my motivation for an expense a desire to personally curry favor with the
would-be beneficiary of an expense?
• How would I feel if a particular expenditure were reported in the local
newspaper? How about a political hit piece?
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® How would my next door neighbor feel about my spending his or her tax dollars
this way? Would he or she feel resentful?
® Am I making a spending decision out of a sense of reward or entitlement?
CHANGES IN COMPENSATION
Changes in compensation of Board members will require the approval of the Board during
an open meeting of the Board held at least 60 days prior to the effective date of the change
and shall be subject to the following requirements set forth in Water Code Section 20200 et
seq.
A. Notice of a public hearing on a proposed ordinance to change the compensation
shall be published in a newspaper of general circulation once a week for at least
two weeks prior to the Board meeting.
B. Following the public hearing, the Board may consider adoption of an ordinance
to increase the compensation received by Board members. Such an increase
may not exceed an amount equal to 5% for each calendar year following the
operative date of the adjustment.
C. Such an ordinance shall become effective 60 days from the date of its passage.
(Water Code Sections 20200 and following)
CANDIDATE'S STATEMENT
A board member will not include false or misleading information in a candidate's
statement for a general District election filed pursuant to Section 13307 of the State
Elections Code.
(Elections Code Section 13313).
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VIOLATION OF ETHICS POLICY
A perceived violation of this policy by a Board member should be referred to the President
of the Board or the full Board of Directors for investigation by the District's legal counsel
or designated representative, and consideration of any appropriate action warranted. A
violation of this policy may be addressed by the use of such remedies as are available by
law to the District, including, but not limited: (a) adoption of a resolution expressing
disapproval of the conduct of the Board member who has violated this policy, (b)
injunctive relief, or (c) referral of the violation to the District Attorney and/or the Grand
Jury.
TRAINING
All Board members and management staff will receive ethics training and a refresher
training on appropriate policies (gifts, retaliation, discrimination, harassment, etc) as soon
as practical following the General Election where Board members are elected. In the event
that a Board Member is seated mid-term, said Board members hall receive a tutorial on all
relevant laws/regulations/policies (conflict of interest, Brown Act, the District's ethics
policy) within 15 calendar days of being elected or appointed to the
ITEM NO. 3.5
AGENDA REPORT
Meeting Date: December 14, 2009 Budgeted: Yes
Total Budget: $10,000
To: Executive-Administrative- Cost Estimate: $4,000
Organizational Committee
Funding Source: All Funds
From: Ken Vecchiarelli, General
Manager
Presented By: Pat Grady, Assistant General Dept: Administration
Manager
Prepared By: Pat Grady, Assistant General
Manager
Subject: Records Retention Policy
SUMMARY:
Staff, with the assistance of a consultant, is in the process of updating and revising the District's
records retention policy, which was last updated in 1995.
DISCUSSION:
A consultant was hired to update the District's existing records retention policy. With the
implementation of Laserfiche (electronic imaging retrieval system) and an existing outdated policy
from 1995, the timing is appropriate for a review and update. Staff is in the process of reviewing the
retention schedules developed by the consultant and will be formalizing a new policy for Board
consideration by February or sooner.
PRIOR RELEVANT BOARD ACTION(S):
None.
ITEM NO. 3.9
AGENDA REPORT
Meeting Date: December 14, 2009
Subject: Final Report on 2009 Legislative Bills
ATTACHMENTS:
MKB - Legislative Report.pdf _egislative Bills Report Report(s)
MCCORMICH. KIDMAN & BEHRENS, LLP RECEIVED
LAWYERS
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ESTATE PLANNING A TRUST LAW
THE STATE BAR OF CALIFORNIA
BOARD OF LEGAL SPECIALIZATION
"OF COUNSEL
MEMORANDUM
i
Tn WATFR s nENrv C" r7 EE N T S
FROM McCormick, Kidman & Behrens, LLP
RE Final Report on 2009 Legislative Bills
Enclosed please find the Final Legislative Report for the 2009 legislative session of the
California Legislature. This report also includes summaries of each of the five bills enacted in a
special legislative session on water resources this month. The special session legislation is
discussed in Section A of the report.
The report organizes bills according to general subject matter and includes a table of
contents and an index by bill number. With respect to the bills we have reported on in our prior
reports, the report shows (1) the chapter number of each bill that was enacted, (2) the bills which
were vetoed and the reason for the veto, and (3) bills that died in the Legislature since our last
report. If the Legislature revives or reintroduces any dead bills, we will include them in our first
2010 report.
As always, we have access to bill text and other information and are available to provide
details or analysis, or answer any questions you may have on this or other legislation.
McCORMICK, KIDMAN & BEHRENS, LLP
r
~ R !SID
AGKIERB
MCCORAIICK, KIDX4l\T & BEHRENS, LLP
LAWYERS
650 TOWN CENTER DRIVE
SUITE 100
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FINAL 2009 LEGISLATIVE REPORT
TABLE OF CON EP'NTS ,
A. SPECIAL SESSION WATER LEGISLATION 1
B. DROUGHT, WATER CONSERVATION & WATER RATIONING 5
C. WATER RESOURCES MANAGEMENT & WATER PROJECTS 6
D. INFRASTRUCTURE FINANCING 6
E. EMINENT DOMAIN 7
F. PUBLIC OFFICIALS & ETHICS 7
G. BROWN ACT & PUBLIC RECORDS 7
H. LABOR, EMPLOYMENT & BENEFITS 7
I. PUBLIC WORKS & CONTRACTS 8
J. WATER SUPPLY & LAND DEVELOPMENT 8
K. WATER QUALITY & WATER POLLUTION 9
L. ENVIRONMENTAL QUALITY & ENDANGERED SPECIES 9
M. SPECIFIC AGENCIES AND/OR PROJECTS 10
N. LAFCO .............................................................................................................................10
0. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION PROCEDURES 10
P. BILLING & REVENUE PROCEDURES 10
INDEX ..........................................................................................................................................11
AICCORMICIy K1DNL-kN & BEHRENs, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 18, 2009
A. SPECIAL SESSION WATER LEGISLATION
A.1 SB X71 (Simitian/Steinberg) Public resources: Delta Governance and
the Delta Plan
Under existing law, Delta decisions are divided among dozens of state and federal agencies.
This bill establishes a new overriding Delta policy of "coequal goals": California water supply
reliability and Delta ecosystem protection and restoration. It creates a new governance structure
that centralizes Delta-related decision making authority.
Delta Stewardship Council: This bill places the ultimate authority for Delta decision making
under the umbrella of a new seven-member Council. The Council's membership shall "reflect a
statewide perspective." Governor Schwarzenegger will appoint four members, subject to Senate
confirmation. The Senate Committee on Rules and the Speaker of the Assembly will each
appoint one member. The final member shall be the Chairperson of the Delta Protection
Commission. The Council's mandate is to promote the newly-declared "co-equal goals" of
water supply management and environmental stewardship.
Delta Plan: The Council will oversee the creation and implementation of a comprehensive new
"Delta Plan" balancing the coequal goals. State and local projects in the Delta must comply with
the Delta plan. The Council is authorized to determine compliance and may reverse
noncompliant projects. The Delta Plan will incorporate the final Bay Delta Conservation Plan
(BDCP), if the BDCP complies with certain environmental statutes. By incorporating the BDCP,
the Delta Plan could lay the groundwork for Peripheral Canal construction, since environmental
analysis of new conveyance is occurring as part of the BDCP process.
Delta Protection Commission: This bill reduces the Commission's membership from 23 to 15. It
recasts the Commission's role, requiring it to adopt and regularly amend a Delta economic
sustainability plan with input from specified Delta interests. The Commission must submit the
economic sustainability plan to the Council for inclusion in the Delta Plan.
Delta Conservancy: The bill would establish this new Conservancy in the Natural Resources
Agency. It would be the primary state agency to identify and implement programs to restore the
Delta ecosystem. The conservancy would be required to use conservation easements to
accomplish ecosystem restoration whenever feasible, to be paid for by a new fund.
ACWA Position: Support Status: Chaptered (Stats.2009 ch. 5 (7th Extra. Sess.))
1
MCCORMICK, KIDINLAN & BEHRENS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 18,2009
A.2 SB X7 2 (Cogdill) Safe, Clean, and Reliable Drinking Water
Supply Act of 2010
The Legislature approved a measure to issue $11.1 billion in general obligation bonds. Voters
will consider the measure in November 2010. The bonds would pay for a host of local and
regional environmental and water supply projects but would not fund a Peripheral Canal.
Instead, wholesalers (and ultimately, ratepayers) would fund construction. The Metropolitan
Water District of Southern California estimates that Peripheral Canal construction would cost $6
to $12 billion. Other estimates are much higher.
If approved by voters, the bond issue will allocate funds in the following manner:
1. Water Storage ($3 billion). These funds will be available to construct the
following: (a) five specific surface storage projects identified by CALFED, (b)
groundwater storage and groundwater quality projects, (c) conjunctive use and
reservoir reoperation projects, and (d) local and regional surface storage projects.
2. Delta Sustainability ($2.25 billion). These funds will be used to maintain and
restore the Delta ecosystem, to increase the Delta's economic sustainability, and
for seismic retrofitting of Delta levees.
3. Watershed Conservation ($1.785 billion). Matching funds will be made
available to localities for ecosystem and watershed protection. The funds are
earmarked for specific watersheds; e.g., $250 million for coastal counties, and
$100 million for the San Gabriel River, Los Angeles River, and Santa Monica
Bay watersheds. Examples of other earmarks include $100 million for Salton Sea
restoration and $20 million for Bolsa Chica Wetlands restoration.
4. Regional Water Supply ($1.4 billion). Just over $I billion of this money would
be made available for local and regional water supply and water quality projects
that reduce dependence on imported water. It would supplement funds generated
from previous bond issues and would be made available within existing
distribution programs. Each region of the state would receive a set allocation of
funds. The largest allocations are reserved for the Los Angeles subregion ($198
million) and the Santa Ana subregion ($128 million). It also separately
earmarked $350 million to fund local and regional conveyance projects.
5. Water Recycling and Water Conservation ($1.25 billion). $1 billion will fund
water recycling, including desalting and other advanced treatment technology.
The remainder will be available for conservation plans, projects, and programs,
including those assisting urban users in achieving water conservation targets.
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McConiICK, KIDAiAN & BEHRENS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 1$, 2009
6. Groundwater Clean-up and Protection ($1 billion). This money will be
provided to the California Department of Public Health to fund projects to prevent
or reduce contamination of groundwater that serves as a source of drinking water.
When prioritizing projects, DPH will consider, among other factors, the gravity of
the threat to public health, the project's potential to improve groundwater supplies
and local water supply reliability, and whether any responsible parties are willing
and able to pay for cleanup. Portions of the funds are earmarked for Superfund
site cleanup and for use in economically disadvantaged areas.
7. Drought Relief ($455 million). These funds will be available for local and
regional drought relief projects, defined to include projects to mitigate impacts
from reductions to Delta diversions. These projects may promote conservation,
recycllnsy and efficiency. The, fia?!ds also could also beused 4Vvn build lvvui v 1.., kc
vM
storage intended for use during droughts and other emergencies. Funds will be
available to improve wastewater treatment to prevent surface or groundwater
contamination.
ACWA Position: Support Status: Chaptered (Slats. 2009 ch. 3 (7th Extra. Sess.))
A.3 SB X7 6 (Steinberg/Pavley) Groundwater monitoring and reporting
This bill establishes a monitoring and reporting system only and does not impose new penalties
on groundwater pumpers. The bill requires DWR to designate a "monitoring entity" for every
California groundwater basin and subbasin. Each locality may choose its own monitoring entity,
subject to DWR's qualifications review. Local agencies, counties, or private voluntary
monitoring associations may serve as monitoring entities. Starting in 2012, monitoring entities
must regularly and systematically monitor groundwater elevations in their jurisdiction and report
that information to DWR and to the public. If no local entity agrees to monitor a particular
basin, then in certain limited circumstances DWR would assume such duties, and the county in
which the basin lies would become ineligible for state water grants or loans.
ACWA Position: Support Status: Chaptered (Slats. 2009 ch. 1 (7th Extra. Sess.))
AA SB X7 7 (Steinberg/Feuer/Huffman) Water conservation
Urban conservation ("20% by 2020"). This bill requires a statewide reduction in urban per
capita water use of 10% by December 31, 2015 and 20% by December 31, 2020. Each urban
retail water supplier must develop interim and long-term "urban water use targets" by July 2011,
and must meet that long-term target by 2020. Non-compliant urban retail water suppliers will
become ineligible in 2016 for state water grants or loans (with certain exceptions).
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MCCORMICK, IQDALAN & BEHRENS, LLP
• 2009 FINAL LEGISLATIVE REPORT NOVEMBER 18, 2009
In some circumstances, an agency might not need to reduce current use by 20%, since each
supplier may use one of several methods to calculate its target. First, it may reduce water use to
80% of the current level. Second, it may reduce use to 95% of the "hydrologic region target"
contained in the April 30, 2009 draft "20 x 2020 Water Conservation Plan." Third, the agency
may adopt a per capita water use target based on defined "performance standards." Fourth, the
agency may account for conservation using an alternate method to be developed by DWR before
December 31, 2010. This alternate method must avoid "undue hardship" to agencies that have
already achieved reductions from existing conservation programs. The bill is short on details,
but DWR's method will presumably credit agencies for existing conservation, resulting in such
agencies bearing less additional burden to achieve the statewide 20% reduction.
A ncultural conservation. Agricultural water suppliers base water rates at least in part on the
quantity of water delivered. They miner i,ndertike ether consen~ation m.-as-m-es. for, corwri <
purposes where technically and economically feasible. Beginning in 2013, agricultural suppliers
must submit Agricultural Water Management Plans to DWR which contain information about
the supplier's existing and planned water efficiency measures.
ACWA Position: Support Status: Chaptered (Slats. 2009 ch. 4 (7th Extra. Sess.))
A.5 SB X7 8 (Steinberg) Water diversion and use: reporting:
resources
Existing law requires diverters of water to file annual statements of diversions and use with the
SWRCB, but only for certain appropriations. It provides a $500 penalty per violation for any
material misstatement in connection with the filing such statements.
This bill increases the burden on diverters to file reports with the SWRCB. First, it increases the
frequency of required filings, mandating the filing of monthly records of use starting in 2012.
Second, it enlarges the filing requirement's scope by extending it to diversions made under
riparian and pre-1914 rights (which were previously unenforced). Third, it increases
enforcement of reporting violations by (a) increasing civil penalties for failure to file to $1,000
per day, (b) extending those penalties to failure to report riparian and pre-1914 diversions, (c)
imposing a criminal penalty for willful misstatements, and (d) creating 25 new permanent water
rights enforcement positions at SWRCB to be funded by fee revenues.
Finally, this bill appropriates $546 million to SWRCB and DWR from previous bond acts for
integrated regional water management, flood control and management, and natural community
conservation planning.
ACWA Position: Support Status: Chaptered (Slats. 2009 ch. 2 (7th Extra. Sess)))
4
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McCORDIIC , KIDNUN & BEHRENS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 18, 2009
B. DROUGHT, WATER CONSERVATION & WATER RATIONING
B.1 AB 49 (Feuer/Huffman). Water conservation: urban and
agricultural water management planning
ACWA Position: Oppose Status: Dead
B.2 AB 474 (Blumenfield) Contractual Assessments: water efficiency
improvements
Existing law authorizes cities and counties to enter into contractual assessment agreements with
consenting property owners for the purpose of financing certain public works improvements.
Under a contractual assessment system, property owners within a designated area choose to
assess themselves for the cost of authorized improvements. The local government then provides
the up-front funds for the project, and the property owners pay an annual assessment until those
funds, plus interest, are repaid. AB 811, enacted in 2008, authorized cities and counties to use
voluntary contractual assessments to finance property owners' installation of certain energy
efficiency improvements to real property.
This bill authorizes water districts, regardless of their form of organization, to establish by
resolution a zone within which landowners would assess themselves in return for receiving
funding for the installation of water efficiency improvements that are permanently fixed to real
property. Such improvements include permeable pavement, recycled water piping, drip
irrigation, cisterns, synthetic turf, and other water conservation measures.
The agency's legislative body must perform additional recordkeeping and must provide specified
notice to any entity providing energy or water within the area where contractual assessments are
allowed. This bill also requires additional specified disclosures to a transfer of real property
subject to a contractual assessment.
ACWA Position: Favor Status: Chaptered (Stats. 2009 Ch. 444)
I
B.3 AB 1061 (Lieu) Homeowner Associations: water-efficient
landscapes
This bill provides that a provision of any of the governing documents of a common interest
development shall be void and unenforceable if the provision prohibits, or contains conditions
with the effect of prohibiting or restricting compliance with (1) any regulation or restriction on
the use of water adopted pursuant to Water Code section 353 or 375, or (2) a water efficient
landscape ordinance adopted or in effect pursuant to Section 65595(c) of the Government Code.
ACWA Position: Favor Status: Chaptered (Stats. 2009 Ch. 503)
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McCORnIICK, KFDl1LAN' & BEHRENs, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 18,2009
B.4 SB 407 (Padilla) Property transfers: plumbing fixtures
retrofit
This bill requires the replacement of all plumbing fixtures in any residential or commercial real
property that are not "water-conserving plumbing fixtures" before any sale or transfer by the
property owner, starting on January 1, 2014. Such fixtures must be replaced with "water-
conserving plumbing fixtures." However, certain sales and transfers are excepted from this new
requirement, including (1) sales pursuant to non judicial foreclosure, (2) sales where fixture
replacement would impose a significant financial hardship on the seller or transferor, and (3)
sales where a licensed plumber certifies that installation of water-conserving plumbing fixtures is
not technically feasible due to the age or configuration of the property or its plumbing.
For any sale or transfer, real estate agents must disclose this fixture replacement requirement.
and escrow will be conditioned on the seller's or transferor's compliance. The seller must also
certify in writing to the prospective purchaser or transferee that the requirement has been
satisfied.
ACWA Position: Support/Sponsor Status: Chaptered (Stats. 2009 Ch. 587)
C. WATER RESOURCES MANAGEMENT & WATER PROJECTS
CA SB 229 (Pavley) Water: diversion and use: groundwater
I
ACWA Position: Oppose Status: Dead
i
I
C.2 SB 261 (Dutton) Water use: water management plans
i
ACWA Position: Support Status: Dead
C.3 ACA 12 (Logue) Water: area of origin statutes
ACWA Position: N/A Status: Dead
D. INFRASTRUCTURE FINANCING
DA ACA 9 (Huffman) Local government bonds: special taxes:
voter approval
ACWA Position: Support Status: Dead
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M CCORMICK, KIDI% AN & BEHRENS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 18, 2009
D.2 SB 279 (Hancock) Local government: community
facilities districts
Although enrolled by the Legislature, this bill was vetoed by the Governor. The Mello-Roos
Community Facilities Act of 1982 authorizes the establishment of a community facilities district
(CFD) to finance the purchase, construction, expansion, improvement; or rehabilitation of
facilities for certain authorized purposes, including child care facilities, undergrounding of water
transmission and distribution facilities, and the cleanup of hazardous materials.
This bill would have expanded the authorized purposes for CFDs to include the financing and
refinancing of energy efficiency, water conservation, and renewable energy improvements to or
on real property and in buildings.
The Governor vetoed this bill because, in his view, Mello-Roos taxes are intended to finance
"core infrastructure needs such as roadways, sewers, and street lighting." He believes this bill
would represent a "fundamental shift" away from those "core infrastructure" purposes by
allowing Mello-Roos takes to finance energy efficiency improvements.
ACWA Position: Favor Status: Vetoed
I
E. EMINENT DOMAIN
F. PUBLIC OFFICIALS & ETHICS
G BROWN ACT & PUBLIC RECORDS
H. LABOR, EMPLOYMENT & BENEFITS
H.1 AB 943 (Mendoza) Employment: credit reports
Although enrolled by the Legislature, this bill was vetoed by the Governor. This bill would have
prohibited an employer, except for certain financial institutions, from obtaining a consumer
credit report for employment purposes unless the information is (1) "substantially job-related,"
meaning that the position of the person for whom the report is sought has access to money, other
assets, or confidential information, and (2) the position is managerial, or is with a city or county,
or is a sworn peace officer or other law enforcement position, or is a position for which the j
information contained in the report is required to be disclosed by law or to be obtained by the
employer.
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MCConiICIc, KIDAL-,iN & BEHRENS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 18, 2009
The Governor vetoed this bill because "California's employers and businesses have inherent
needs to obtain information about applicants for employment and existing law already provides
protections for employees from improper use of credit reports." He believes "this measure
would significantly increase the exposure for potential litigation over the use of credit checks."
ACWA Position: Not favor unless amended Status: Vetoed
1. PUBLIC WORKS & CONTRACTS
1.1 AB 815 (Ma) Public contracts: plans and specifications
"WA Puyiiivn: Oppose Status: Dead
J. WATER SUPPLY & LAND DEVELOPMENT
J.1 AB 300 (Caballero) Subdivisions: water supply
ACWA Position: Support if amended Status: Dead
J.2 AB 1408 (Krekorian) Subdivisions: Water Demand Mitigation
Fund
ACWA Positron: Support if amended Status: Dead
J.3 AB 1465 (hill) Urban water management planning
Existing law requires every urban water supplier to prepare and adopt an urban water
management plan for submission to DWR and other entities. An urban water supplier is required
to provide information relating to the supplier's water demand management measures. Existing
law also allows urban water suppliers that are members of the California Urban Water
Conservation Council (CUWCC) and submit annual reports to that council to satisfy the
information requirement by submitting those CUWCC reports to the DWR.
This bill deems water suppliers that are members of CUWCC and comply with the
"Memorandum of Understanding Regarding Urban Water Conservation in California," dated
December 10, 2008, as it may be amended, to be in' compliance with the requirement to describe
the supplier's water demand management measures in its UWMP.
ACWA Position: Favor Status: Chaptered (Stats. 2009 Ch. 534)
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McComicK, KIDIvLAN & BEHRENS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 1 8., 2009
K. WATER QUALITY & WATER POLLUTION
K.1 AB 1366 (Feuer) Residential self-regenerating water
softeners
Under existing law, a local agency, by ordinance, may limit the availability, or prohibit the
installation, of residential water softening or conditioning appliances that discharge to the
community sewer system if the local agency makes certain findings and includes them in the
ordinance. However, the existing process is subject to certain limitations and required findings.
This bill makes it easier for local agencies to ban or limit new residential water softeners and to
require the removal of existing water softeners. It authorizes any local #eency.that owns or
operates a community sewer system or water recycling facility within specified areas of the state
to take action by ordinance, after a public hearing. The appropriate regional water quality
control board must first have made a finding that the control of residential salinity inputs will
contribute to the achievement of water quality objectives in that region.
ACWA Position: Support Status: Chaptered (Stats. 2009 ch. 527)
K.2 SB 565 (Pavley) Water recycling
i
ACWA Position: Oppose Status: Dead
L. ENVIRONMENTAL QUALITY & ENDANGERED SPECIES
L.1 AB 39 (Huffman) Sacramento-San Joaquin Delta: Delta
Plan
ACWA Position: Support Status: Dead
L.2 AB 804 (Hall) Invasive aquatic species: mussels
Although enrolled by the Legislature, this bill was vetoed by the Governor. This bill would have
exempted operators of water delivery and storage facilities from civil or criminal liability for the
introduction of dreissenid mussel species as a result of operations of those facilities, where the
operator prepares, initiates, and is in compliance with a plan to control and eradicate dreissenid
mussels in accordance with the above- existing provisions of law.
The Governor stated he vetoed this bill because he had already signed legislation to require water
managers to assess the threat of dreissenid mussels in their waters, develop prevention plans, and
9
MCCORMICK, KIDALAIN & BEHRE.NS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 18, 2009
conduct monitoring activities. The Governor believes this bill would relieve water operators
from having to continue to act responsibly once they initially have an approved response plan in
place, thereby shifting liability to the state for any ensuing damage resulting from the spread of
dreissenid mussels.
ACWA Position: Support/Sponsor Status: Vetoed
L.3 SB 12 (Simitian) Sacramento-San Joaquin Delta Council
ACWA Position: Support Status: Dead
LA SB 458 (Steinberg/Simitian) Sacramento-San Joaquin Delta
Conservancy: Delta Protection
Commission
ACWA Position: Support Status: Dead
L.5 SB 476 (Correa) CEQA: noncompliance allegations: public
comment
ACWA Position: Favor Status: Dead
A SPECIFIC AGENCIES AND/OR PROJECTS
N. LAFCO
0. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION
PROCEDURES .
P. BILLING & REVENUE PROCEDURES
P.1 AB 282 (Cmte. on Transportation) Transportation: mobile digital terminals
in agency vehicles
Existing law generally prohibits a person from driving a motor vehicle while a television or
video screen or monitor is operating, if the screen is visible to the driver or is located forward of
10
MCCORMICK, KIDN-L4 , & BEHRENS, LLP
2009 FINAL LEGISLATIVE REPORT NOVEMBER 182 2009
the back seat. This bill adds an exception. It allows a "mobile digital terminal" to be installed
and operated in vehicles owned or operated by various public entities, including water agencies.
Two limitations apply to this authorization. First, the local agency must use the vehicle solely to
provide water, wastewater, sewer, or gas service. Second, the terminal must be fitted with an
opaque covering that prevents the driver to view the display while driving. Despite these
limitations, the vehicle may always be deployed to respond to an interruption or impending
interruption of service.
ACWA Position: Support Status: Chaptered (Stats. 2009 ch. 229)
INiIEN
AB 39 (Huffman) 9
AB 49 (Feuer/Huffman) 5
AB 282 (Cmte. on Transportation) 10
AB 300 (Caballero) 8
AB 474 (Blumenfield) 5
AB 804 (Hall) 9
AB 815 (Ma) 8
AB 943 (Mendoza) 7
AB 1061 (Lieu) 5
AB 1366 (Feuer) 9
AB 1408 (Krekorian) 8
AB 1465 (Hill) 8
ACA 12 (Logue) 6
ACA 9 (Huffman) 6
SB 12 (Simitian) 10
SB 229 (Pavley) 6
SB 261 (Dutton) 6
SB 279 (Hancock)
SB 407 (Padilla) 6
SB 458 Steinber Simitian
SB 476 (Correa) 10
SB 565 (Pavley)
SB X7 1 (Simitian/Steinberg) 1
SB X7 2 (Cogdill) 2
SB X7 6 (Steinberg/Pavley) 3
SB X7 7 (Steinberg/Feuer/Huffinan) 3
SB X7 8 (Steinberg) 4
11
i
i
ITEM NO. 3.10
AGENDA REPORT
Meeting Date: December 14, 2009
Subject: General Counsel's Monthly Summary Billing Report
ATTACHMENTS:
MKB - Billing Summary Nov.pdf `'KB Billing Summary Backup Material
YORBA LINDA WATER DISTRICT
MONTHLY SUMMARY BILLING CHART
BILLING MONTH. November
Matter Matter Date Task Order
Name Number Opened Amount
CURRENT FISCAL YEAR 2009 -2010
Current Billing Total Billed to Date Total Billed 2008 -2009
November 23, 2009 Current Fiscal Year Prior Fiscal Year
CONSTRUCTION CONTRACTS
002
7/31/2007
NIA
$9,446.50
$15,605.69
$16,113.90
PROPERTY TAX ALLOCATION
030
$0.00
$1,404.54
$2,085.00
OCWD ANNEXATION
040
1/13/1994
NIA
$0.00
$687.50
$7,185.00
RICHFIELD SITE IMPROVEMENTS
042
$0.00
$0.00
$545.00
SHELL
051
$0.00
$51.34
$1,304.71
HIDDEN ! -TILLS RESERVOIR
068
8/25/2003
$11,985.68
$50,461.97
$120,193.53
S &S DEVELOPMENT AGREEMENTS
071
$0.00
$0.00
$6,140.00
RWQCB
073
12/18/2002
$0.00
$0.00
$636.21
LAKEVIEW RESERVOIR
081
3/2/2005
$20,000.00
$0.00
$577.50
$1,924.00
NON - CONSTRUCTION AGREEMENTS
084
4/5/2005
$11,000.00
$770.60
$11,919.44
$43,493.12
CELL TOWER
085
7/28/2006
$15,000.00
$0.00
$2,043.80
$1,012.50
WATER RATESIWATER CONSERVATION
087
7/31/2006
$10,000.00
$0.00
$12,154.50
$76,130.12
BOD PROCEDURES
089
3/27/2006
$5,000.00
$0.00
$0.00
$12,522.50
GRANDVIEW SEWER
091
5/30/2007
$10,000.00
$0.00
$545.501
$1,202.50
TOTAL I
1
1
$22,202.78
$95,451.78
$290,488.09
McCormick, Kidman & Behrens Charges
Month of
Nov-09
Expensed 14,331.45
Job charges 9,871.33
24,202.78
YTD through
Nov-09
Expensed 88,902.02
Job charges 18,039.76
106,941.7F