HomeMy WebLinkAbout2010-04-16 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Friday, April 16, 2010, 9:00 AM
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. Assignment of Directors as Regular and Alternate Attendees for Citizens Advisory
Committee Meetings
Recommendation: That the Committee recommend the Board President assign
Director Hawkins and Director Collett as the regular and alternate attendees for
Citizens Advisory Committee meetings beginning June 28, 2010 through the end of
the calendar year.
2.2. Property Owner Continuous Water Service Agreement Draft
Recommendation: That the Committee recommend the Board authorize the use of
a Continuous Service Agreement for multiple property owners that choose to
execute this agreement for their rental properties, subject to approval as to form by
General Counsel.
2.3. American Water Works Association's (AWWA) QualServe Program
Recommendation: That the Committee approve participation in the Self-
Assessment portion of the QualServe program.
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. OCWD Annexation (Verbal Report)
3.2. City of Yorba Linda Sewers (Verbal Report)
3.3. Customer Feedback Report
3.4. Report on 2010 Legislative Bills
3.5. General Counsel's Monthly Summary Billing Report
3.6. Future Agenda Items and Staff Tasks
4. ADJOURNMENT
4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held May 18, 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: April 16, 2010 Budgeted: Yes
Total Budget: $61,500
To: Executive-Administrative- Cost Estimate: N/A
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General Account No: N/A
Manager
Job No: N/A
Presented By: Ken Vecchiarelli, General Dept: Board of Directors
Manager
Reviewed by Legal: N/A
Prepared By: Annie Alexander, Executive CEQA Compliance: N/A
Secretary
Subject: Assignment of Directors as Regular and Alternate Attendees for Citizens
Advisory Committee Meetings
SUMMARY:
The Citizens Advisory Committee (CAC) was formed by Board of Directors action on February 26,
2009. The Board later approved appointment of all (18) members of the public that submitted letters
of interest to serve on the Committee. Earlier this year, the Board authorized participation at the
CAC meetings and agreed to alternate their attendance at the monthly committee meetings.
STAFF RECOMMENDATION:
That the Committee recommend the Board President assign Director Hawkins and Director Collett
as the regular and alternate attendees for Citizens Advisory Committee meetings beginning June
28, 2010 through the end of the calendar year.
DISCUSSION:
The Board President assigns members of the Board of Directors to various committees on an
annual basis following the election and appointment of officers. At this time, Directors are rotating
their attendance at the Citizens Advisory Committee (CAC) meetings. Staff recommends that the
Board consider allowing the President to assign Director Hawkins and Director Collett as the regular
and alternate attendees for these meetings. Assigning permanent attendees would help provide the
Board and Committee with stability and continuity. Director Hawkins has actively participated on the
CAC since its inception last year. His long term experience with the Committee members would be
of great benefit to both staff and the Committee.
Additionally, both Director Hawkins and Director Collett alternate their attendance at the City of
Yorba Linda Planning Commission meetings currently being held twice a month. The Commission is
now considering holding these meetings only once a month beginning in July. Should this occur,
staff would also suggest that the Board consider assigning Director Collett and Director Hawkins as
the regular and alternate attendees for these meetings.
Attached is a current committee assignment list for your reference. The budgeted amount shown
above includes Directors' compensation for attendance at regular, committee and intergovernmental
meetings at a rate of six to seven meetings per month per Board member.
PRIOR RELEVANT BOARD ACTION(S):
The Board President assigns members of the Board of Directors to various committees on an
annual basis usually in December with the annual reorganization of the Board officers.
ATTACHMENTS:
Name: Description: ype:
BOD_Committee _Assignments.doc BOD Committee Assignments Backup Material
Standing Committee Assignments
Executive-Admin-Organizational Meets Monthly on 3rd Tuesday at 4:00 p.m.
Director Mills, Chair Studies, advises and makes recommendations to
Director Beverage the Board regarding policy, organization, legislative
Director Collett, Alternate and legal issues.
Finance-Accounting Meets Monthly on 2nd Monday at 4:00 p.m.
Director Summerfield, Chair Studies, advises and makes recommendations to
Director Collett the Board regarding budgets, investments, rates,
Director Mills, Alternate fees and charges, financial reports, auditors and
appropriations.
Personnel-Risk Management Meets Monthly on 2nd Tuesday at 4:00 p.m.
Director Collett, Chair Studies, advises and makes recommendations to
Director Hawkins the Board regarding personnel, employee and labor
Director Summerfield, Alternate relations, and insurance procurement.
Planning-Engineering-Operations Meets Monthly on 1St Thursday at 4:00 p.m.
Director Mills, Chair Studies, advises and makes recommendations to
Director Summerfield the Board regarding five year plans, construction
Director Beverage, Alternate activities, customer service, operations and
maintenance, building, equipment, property and fire
defenses.
Public-Information-Technology Meets Monthly on 1St Tuesday at 4:00 p.m.
Director Beverage, Chair Studies, advises and makes recommendations to
Director Hawkins the Board regarding public information activities,
Director Summerfield, Alternate community involvement and promotion of water
conservation measures.
Ad Hoc Committee Assignments
City of Placentia Meets As Needed
Director Beverage Studies, advises and makes recommendations to the
Board regarding City of Placentia policy issues.
City of Yorba Linda Temporarily Discontinued
None Studies, advises and makes recommendations to the
Board regarding City of Yorba Linda policy issues.
MWDOC/OCWD Meets Bi-Monthly on 4t" Tuesday at 4:00 p.m.
Director Mills Studies, advises and makes recommendations to the
Director Beverage Board regarding MWDOC and OCWD policy issues.
Director Collett, Alternate
Other Committee Assignments
Citizens Advisory Committee Meets Monthly on 4t" Monday at 8:30 a.m.
Directors Rotate Attendance Studies, advises and makes recommendations to the
Board regarding District matters.
Intergovernmental Meeting Assignments
MWD None
MWDOC None
OCWD None
Placentia City Council None
Placentia Planning Commission None
Yorba Linda City Council Director Mills / Director Summerfield
Yorba Linda Planning Commission Director Collett / Director Hawkins
ACWA/JPIA Director Mills / Director
ACWA Region 10 None
ISDOC Director Mills
LAFCO Director Beverage
WACO Director Mills
ITEM NO. 2.2
AGENDA REPORT
Meeting Date: April 16, 2010 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Stephen Parker, Finance Dept: Finance
Director
Reviewed by Legal: No
Prepared By: Cindy Botts, Management
Analyst
Subject: Property Owner Continuous Water Service Agreement Draft
SUMMARY:
The Continuous Service Agreement addresses the unique needs of multi-family property owners by
automatically transferring water service into the property owner's name once a tenant has
discontinued service. This allows the property owner access to water at the property between
tenants, while forgoing the $25 New Customer Service Charge each time a tenant moves out.
STAFF RECOMMENDATION:
That the Committee recommend the Board authorize the use of a Continuous Service Agreement
for multiple property owners that choose to execute this agreement for their rental properties,
subject to approval as to form by General Counsel.
DISCUSSION:
The need for a Continuous Service Agreement was brought to the attention of the Customer
Service Supervisor by several property owners who have signed similar agreements with other local
water agencies. Staff concluded that such an agreement would be an excellent customer service
tool for this classification of customer, with an estimate of 25 to 50 property owners eligible to sign
up for the service. The Agreement will be sent to Legal Counsel for review, with Staff anticipating
that this service will be available to the property owners by the end of this fiscal year.
ATTACHMENTS:
Name: Desorption: I ype:
Continuous Service Agreement.pdf Continuous Service Agreement Backup Material
Yorba Linda
Water District
Continuous Service Agreement
When YORBA LINDA WATER DISTRICT ("District") is notified that a tenant is vacating the
premises, the meter should be read and water service continued without interruption. Until
the District is otherwise notified, water service is to be billed to: (PLEASE PRINT OR
TYPE)
Name of Applicant (Owner, Property Management Company, or Business to appear on account)
Name of Property Owner (if different from Applicant)
Social Security Number or Tax ID Number
Mailing Address
City, State, and Zip Code
Phone Number Name/Title of Contact Person
The District is requested to continue water service without interruption to each separately
metered dwelling unit at the following address or addresses:
Address City Apt/Unit No.
Address City Apt/Unit No.
Address City Apt/Unit No.
For additional dwelling, please list on a separate page. Total number of units to be placed
under "Continuous Service Agreement"
The undersigned is the owner or the owner's agent ("Applicant") (see Item 10 on the reverse
side) of the premises listed below. By signing below, I acknowledge that I have read the
entire agreement, including the Terms and Conditions listed below and on the
reverse side, and agree to such terms and conditions.
Signature of Applicant Title Date
Signature of District Representative Effective Date of Agreement
Yorba Linda
Water District
TERMS AND CONDITIONS
"CONTINUOUS SERVICE AGREEMENT"
The undersigned ("Applicant") and Yorba Linda Water District ("District") mutually agree as follows:
1. The District shall leave water service on from the time a tenant requests water service terminated
("Termination") until a subsequent tenant has arranged for and established service in accordance with
District fees, rules and regulations.
2. Approval of the Agreement by the District will exempt the Applicant from future service establishment
charges for the dwelling units listed following any Termination by individual tenants at the listed dwellings.
Upon Termination of this agreement, the Applicant will no longer be exempt from the service establishment
charges.
3. Applicant shall promptly pay all water bills, including service charges from Termination until Transfer (as
defined below).
4. The District agrees that on receipt of notification from a current tenant to terminate service, the service
shall be terminated on the agreed Termination date or no later than two (2) working days after receipt of
notification. The meter readings taken in conjunction with the Termination of service shall be used to bill
the terminating tenant and also as a base to start billing the Applicant (Transfer).
5. In the event of a simultaneous request for Termination of service from the current tenant and a request for
Transfer from a new tenant, the account shall pass from the current to the new tenant without being
subject to the provisions of this Agreement.
6. Applicant is responsible for informing new tenants of the need to contact the District for the transfer of the
water service into their individual names at the time of occupancy and shall be liable for all bills with
respect to such account until it is transferred.
7. Applicant must have/maintain credit acceptable to the District in accordance with applicable fees to
continue service under this Agreement. Should water bills rendered to the Applicant for this or any other
account not be paid in a timely basis and require collection activity, including any fees associated with the
District's Conservation Ordinance Violations, this Agreement may be terminated immediately by the
District.
8. This Agreement does not prevent discontinuation of service due to a tenant's or Applicant's nonpayment of
bills or deposit. In the event of nonpayment by the tenant, the Applicant will be notified. Should the
Applicant wish to prevent discontinuation of service to the property, the Applicant shall inform the District
that the account is to be transferred into his/her name. If the Applicant does not wish to transfer the
account into his/her name, this Agreement shall be terminated and the District shall continue with the
standard "Discontinuation of Service for Non-Payment" procedure.
0. In the event of unauthorized usage by the tenant or Applicant, or if the equipment is found to be tampered
with, water service to the premises will be terminated. In addition, this Agreement does not prevent
discontinuation of service in the event of a hazardous condition found during routine maintenance or
service request by the tenant.
10. This Agreement shall otherwise remain in effect until the Applicant or the District proves notification to the
other party to terminate the Agreement. Applicant is responsible for terminating the Agreement to prevent
continual billing of account(s) in Applicant's name and covered by this Agreement after selling of property
or change in ownership. Upon termination of the Agreement, any account billing in the Applicant's name
covered by the Agreement will be subject to service disconnection unless the District is notified otherwise.
11. The signatory to this Agreement represents that he/she has the authority to bind the corporation, partners,
joint venture or individuals in this matter, if applicable.
12. This Agreement shall become effective within thirty (30) days after the completed and signed Agreement is
received by the District.
ITEM NO. 2.3
AGENDA REPORT
Meeting Date: April 16, 2010 Budgeted: No
To: Executive-Administrative- Cost Estimate: $4,150
Organizational Committee
Funding Source: Water Operating
Fund
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: American Water Works Association's (AWWA) QualServe Program
SUMMARY:
The AWWA/WEF QualServe Program was established to assist water and wastewater agencies in
assessing thier organization, with the intent of producing ongoing improvement and enhanced
customer satisfaction. The program assists in benchmarking a utility to other similar agencies using
industry-established standards for best management practices.
STAFF RECOMMENDATION:
That the Committee approve participation in the Self-Assessment portion of the QualServe
program.
DISCUSSION:
The Self-Assessment portion of the QualServe Program is a survey given to employees to gauge
the "insider" view of agency strengths and areas where improvement is needed. The Peer Review is
an on-site visit over 3-5 days, by other utility professionals to gauge the "outsider" view. The
Benchmark Performance Assessment is an annual survey and report to gauge continued
improvement and excellence in customer service. It can also include a series of workshops with
semi-local agencies to exchange data and ideas.
Within the Self-Assessment portion of the Program, there are 5 realms of assessment: Customer
Relations, Business Planning & Management, Organizational Development, Wastewater
Operations, and Water Operations. Each realm is divided into 4-8 categories, with each category
containing 7-30 statements. All statements are made on a scale of 1 (strongly disagree) to 5
(strongly agree). The full survey can be done, touching on all 26 areas, or a "focused" assessment
can be completed, with up to 3 of the 5 realms.
Once the number of employees completing the survey is determined, the District would receive the
customized surveys from AWWA, transfer them to either a random number of employees or to a
group of specific employees via email. The employees would submit the completed surveys directly
to AWWA to preserve anonymity and AWWA would generate a composite report for the District to
help establish a benchmark starting point.
The intent of the QualServe Program is to provide a tool for continuous improvement in any or all
areas a utility would like to focus on or needs to focus on for improvement. The pace and objectives
for achieving improvements are driven completely by the individual utility, using the benchmarking
standards established by the program. Each utility decides how far to reach as the program is set
up to provide the tools needed for continuous improvement. That is, when a bar is achieved, that
same bar can then be set higher and the schedule to meet the new goal is determined and
controlled again by the utility striving for improvement.
Staff recommends participating in the QualServe Program, initially with the Self-Assessment at the
50-employee level in all five areas of assessment. With the exception of three elements within the
wastewater realm that do not apply to our agency, staff recommends assessment in the balance of
the 26 elements. The initial cost for involvement in this program will be $4,000 for the Self-
Assessment and $150 for a copy of the regional benchmarking report for our reference. Staff will
further discuss with the Committee, interest in participating in the Peer Review portion of the
program, at a future date, following receipt, review and discussion of the Self-Assessment report.
ATTACHMENTS:
Name: Dosciiption: a ype:
Utility SA Contract YLWD.DOC QualServe Draft Agreement- Self Assessment Backup Material
Utility PR_Contract ~ YLWD.DOC QualServe Draft Agreement- Peer Review Backup Material
QualServe Prg Assessment Areas.doc QualServe Program Assessment Areas Backup Material
QualServe_Prg Costs.doc QualServe Program Costs Backup Material
QualServe" Self-Assessment
Participating Utility Agreement
1. General
The Yorba Linda Water District (the utility) has requested materials and services for a self-assessment;
to be conducted in accordance with current QualServe program guidance and procedures. QualServe is a
copyrighted program offered jointly by the American Water Works Association (AWWA) and the Water
Environment Federation (WEF). QualServe provides tools to assist water and wastewater utilities with
improving performance and increasing customer satisfaction. This Agreement sets forth the full
expectations of the utility and the terms and conditions by which AWWA, as program administrator, will
provide these services.
IL Utility Profile,
The information shown on Attachment 1 has been submitted by the utility and contributes to the design of
services and reports.
III. Pricing and Payment Al
Based upon the information in the profile, AWWA agrees to provide the requested services for the total
fees NOT TO EXCEED $5,000 (US) for the self-assessment. This fee is based upon factors such as
AWWA and WEF membership status, utility size, and number of surveys conducted. This pricing is based
also upon a maximum of 76 utility employees participating in the self-assessment. Fees are premised
upon the following payment schedule.
A. A payment of an amount to be determined but not to exceed $5,000 is due within 30 days of
receipt of the self-assessment report.
B. Payments can be made by check payable to - The American Water Works Association (for
QualServe). Send all payments to the AWWA QualServe Program, 6666 West Quincy Avenue,
Denver, CO 80235.
IV. Program Materials °
The following program materials are needed by the utility to plan and participate in QualServe. Electronic
copies are provided to utilities when they sign the contract for services. If additional copies are needed for
the utility's own use, they can be photocopied, or call AWWA to request additional copies.
A. The QualServe Program Brochure provides overview information.
B. Guidance for Participating Utilities provides information the utility will need for preparing and
conducting the self-assessment. It also provides basic background information on QualServe and
suggests how results might be used.
C. Complete Self-Assessment Survey Options is used for negotiating the content of the actual survey
which will be custom printed by AWWA and provided in the appropriate numbers and time
frames shown elsewhere in this Agreement.
D. A Communications Kit is provided with basic tools to help the utility communicate its
participation in QualServe. Included are sample notices, press releases and logos in both hard
1
copy and electronic formats. (Note: Some parts of kit are under development at this time)
V. Schedule
AWWA will ship guidance materials upon completion of this Agreement. AWWA will send the self-
assessment survey tool and accompanying materials within 2 weeks of completion of this agreement.
The utility will conduct the survey TBD and return the completed surveys to AWWA via email. AWWA
will process the survey and return reports to the utility within 14 days of receipt.
VI. Participating Utility Commitments
A. The following individual will serve as the key utility contact with AWWA throughout the self-
assessment and is authorized to make decisions on behalf of the utility throughout the process:
Name: Title:,
Mail Address:
(If Different
than Attach 1)
Phone: Fax: E-mail:
B. The utility agrees to participate in the QualServe program consistent with the terms of this
Agreement and other written and oral guidance provided by AWWA.
C. The utility agrees to use the names and logos associated with the QualServe program only as
authorized by AWWA in guidance, implementation tools, and other products that is, as outward
signs of an internal commitment to vigorously pursue continuous improvement and customer
satisfaction in all work of the utility. Under no circumstances will participation in QualServe be
represented as compliance with a set of standards, or as indication of certification, a high level of
achievement, or superior performance except as specifically authorized. AWWA reserves the right
to authorize all usage of QualServe materials. Unauthorized sale or distribution of QualServe
materials, without the prior written consent of the QualServe Program Manager, is not allowed.
D. The utility agrees that the self-assessment report and data will not be used to purposefully identify
individuals and that the self-assessment will not be used to initiate an adverse action against any
employee.
VII. AWWA Commitments
A. Self-Assessment
1. Before the Self-Assessment Survey: AWWA will: (a) assist the utility with determining the
demographics for the sample of employees who will be respondents, (b) help the utility decide
on the appropriate categories to be included in the survey, (c) ship the survey to the utility in
time frames consistent with the schedule.
2. While the Utility Prepares for and Conducts the Self-Assessment: AWWA will be
available to answer questions throughout the process. If the utility trains survey respondents
beforehand, AWWA can assist by providing a representative to assist utility staff by phone
and answer questions or otherwise participate in that session. Demographics consistent with
the AWWA analyses and report will be collected as part of the survey. These will be limited
2
to major organizational unit of assignment, manager / non-manager status, and whether
employed by the utility for more or less than 5 years. Accuracy is essential and can be
enhanced if the utility closely follows recommendations in the guidance.
3. Processing Survey Data and Narrative Comments: AWWA will process each individual
survey and prepare a standard report for the appropriate business processes.
4. Upon Completion of the Survey: AWWA will respond to questions from the utility relative
to the report.
VIII. Other Terms and Conditions
A. The self-assessment will be conducted in accordance with processes described in current
program guidance materials. As administrator of the QualServe program, AWWA reserves the
right to modify these processes and materials and will be the final authority on interpretation and
use of all QualServe processes and materials.
B. AWWA member utilities and WEF corporate members will receive preference to participate
when capacity is at issue. However, once an Agreement has been signed by both the utility and
AWWA, utilities will have access to the services covered in chronological order based upon date
of acceptance of Agreements by AWWA.
C. AWWA capacity for enrolling participants and processing self-assessments is limited.
AWWA will make a good faith effort to meet the dates committed to in this agreement; however,
the uncertainties listed here and unforeseen events may create delays. If such delays are
unacceptable to the utility, the following shall constitute its exclusive remedies:
1. If the self-assessment process has not progressed to the point of shipment of materials to the
utility, the utility may elect to reschedule or ask for a full refund of all fees paid to date for the
self-assessment. If a refund is requested, and a self-assessment has not been conducted within
the past 12 months, the peer review will also be canceled and any fees prepaid for it will be
refunded as well.
2. If materials for the self-assessment have been shipped, whether or not the survey has been
conducted by the utility, no refund for the self-assessment will be allowed, but AWWA will
work with the utility to reschedule the survey for another time.
3. If the utility fails to complete portions of its self-assessment in accordance with dates in this
agreement, or in concert with program guidance, AWWA reserves the right to delay
processing the survey analyses and report until other surveys that are proceeding according to
schedule have been processed.
4. In no event shall AWWA be liable to the utility for its performance or non-performance of any
terms or conditions of the Agreement in an amount exceeding fees paid by the utility for that
service under this Agreement.
D. Emergencies interrupting availability of the utility will be accommodated to the extent
feasible. If an emergency arises that is outside control of the utility, and participation in the self-
assessment must be delayed, AWWA will work with the utility to reschedule and make
adjustments as follows:
1. If administration of the self-assessment must be delayed, it will be rescheduled for completion
3
within three months of the original schedule.
E. Cancellations by the Utility:
1. If the utility elects to cancel the self-assessment, a cancellation fee of $1,000.00 shall be paid
or will be deducted from any refund due the utility. If materials for the self-assessment have
been shipped to the utility, no refund will be allowed.
F. Indemnification and Liability Insurance
I. The utility, AWWA, and WEF each agrees that it is responsible for its own actions under this
Agreement and agrees to mutually indemnify and hold the other parties, their elected officials,
officers, employees, and agents harmless from and against any damage incurred by the parry
arising from that parry's performance under this Agreement.
2. Each parry agrees to maintain a policy of general liability insurance sufficient in amount and
scope to protect against the risks and harms reasonably associated with the Program and fulfill
the obligations each parry incurs under this Agreement, or have self-insurance to meet this
insurance requirement.
3. Specifically, AWWA maintains General Liability, Automobile Liability, and Excess Liability
insurance, and will, upon request, submit a certificate of insurance to the Utility. With regard
to Workers Compensation and Employers' Liability, AWWA employees participating in the
work of this Agreement are covered by AWWA. Individuals who participate in the work of
this Agreement as volunteers of AWWA (peer reviewers or facilitators) are covered for
Workers Compensation and Employers' Liability either by their respective employer or
through self-insurance.
a:vRZe,, _
G. Changes to the Agreement
All changes to this agreement will be in writing and acknowledged by both parties. We agree
to quickly notify each other of circumstances that are likely to result in a change using telephone,
E-mail, magfax, or express mail services as soon as those conditions are recognized. Contact with
the utility will be through the key contact shown in paragraph VIA. of this Agreement. Contact
with AWWA will be at the following address, telephone and fax:
QualServe Program Manager
AWWA
6666 West Quincy Avenue
Denver, CO 80235
Phone: 303-794-7711
Fax: 303-794-6303
4
IX. Agreement
The Utility and AWWA have read, understand and agree to all of the foregoing, and the individual signing
for each is authorized to commit his or her organization to this Agreement.
For the Utility:
Printed Name:
Signature:
Date:
For the American Water Works Association:
Printed Name: Paula MacIlwaine, Acting Executive Director
Signature:
Date:
X. Attachments
Attachment 1 - Utility Profile°
Attachment 2 - Peer Nomination Form
5
QualServe" Peer Review
Participating Utility Agreement
1. General
The Yorba Linda Water District (the utility) has requested materials and services for a peer review; to be
conducted in accordance with current QualServe program guidance and procedures. QualServe is a
copyrighted program offered jointly by the American Water Works Association (AWWA) and the Water
Environment Federation (WEF). QualServe provides tools to assist water and wastewater utilities with
improving performance and increasing customer satisfaction. This Agreement sets forth the full
expectations of the utility and the terms and conditions by which AWWA, as program administrator, will
provide these services.
IL Utility Profile,
The information shown on Attachment 1 has been submitted by the utility and contributes to the design of
services and reports.
III. Pricing and Payment Al
Based upon the information in the profile, AWWA agrees to provide the requested services for the total
fees NOT TO EXCEED $30,000 (US) for the peer review, before applicable discounts. These fees are
based upon factors such as AWWA and WEF membership status, and utility size. This pricing is based
also upon a review team of 3 peers and 1 peer team facilitator on site for a maximum of 5 days,
including the expanded out-briefing and strategy session. Fees are premised upon the following payment
schedule.
A. A payment of $15,000 is due 3 months prior to the Peer Review date to defray up-front costs
for preparation and travel in conjunction with the peer review.
B. A final payment of $15,000 is due within 30 days following completion of the peer review.
C. Discounts for early payment will be allowed as follows:
D. If a single payment is made in full for peer review by the date in Paragraph V., then a five-percent
discount will be allowed on the total fee for the peer review.
a. This will save the utility $1,500.
E. Payments can be made by check payable to "The American Water Works Association (for
QualServe). Send all payments to the AWWA QualServe Program, 6666 West Quincy Avenue,
Denver, CO 80235.
1
IV. Program Materials
The following program materials are needed by the utility to plan and participate in QualServe. Electronic
copies are provided to utilities when they begin negotiating for services. If additional copies are needed for
the utility's own use, they can be photocopied, or call AWWA to request additional copies.
A. The QualServe Program Brochure provides basic, overview information.
B. Guidance for Participating Utilities provides information the utility will need for preparing and
conducting the self-assessment and peer review. It also provides basic background information on
QualServe and suggests how results might be used.
C. Guidance for Peer Reviewers outlines the preparations and process followed by the peer review
team. It, along with the Guidance for Peer Team Facilitators, is provided to the utility so they
understand how others are preparing for and will conduct the peer review at their utility.
D. Guidance for Peer Team Facilitators is used as reference by the AWWA employees who serve as
process keepers for each peer review.
E. A Communications Guide is provided with basic tools to help the utility communicate its
participation in QualServe. Included are items such as sample notices, press releases and logos in
both hard copy and electronic formats.
V. Schedule
The utility choices for the peer review are TBD - See the Guidance for Participating Utilities for a typical
schedule of preparatory and on-site activities important to a successful peer review. AWWA will work
with the utility to identify a peer team and confirm final the dates for the review by TBD.
VI. Participating Utility Commitments
A. The following individual will serve as the key utility contact with AWWA throughout the self-
assessment and is authorized to make decisions on behalf of the utility throughout the process:
Name: Title:
Mail Address:
(If Different
than Attach 1)
Phone: Fax: E-mail:
B. If different than the person named in paragraph VLA., the following individual will serve as the
key utility contact with AWWA throughout the peer review and is authorized to make decisions on
behalf of the utility throughout that process:
Name: Title:
Mail Address:
(If Different
than Attach 1)
Phone: Fax: E-mail:
2
C. The utility agrees to participate in the QualServe program consistent with the terms of this
Agreement and other written and oral guidance provided by AWWA.
D. The utility agrees to use the names and logos associated with the QualServe program only as
authorized by AWWA in guidance, implementation tools, and other products that is, as outward
signs of an internal commitment to vigorously pursue continuous improvement and customer
satisfaction in all work of the utility. Under no circumstances will participation in QualServe be
represented as compliance with a set of standards, or as indication of certification, a high level of
achievement, or superior performance except as specifically authorized. AWWA reserves the right
to authorize all usage of QualServe materials. Unauthorized sale or distribution of QualServe
materials, without the prior written consent of the QualServe Program Manager, is not allowed.
E. The utility agrees that the self-assessment report and data will not be used to purposefully identify
individuals and that the self-assessment will not be used to initiate an adverse action against any
employee.
F. The utility recognizes the importance of having as many as possible of its executive, management
and other key staff available during the course of the peer team visit, and will strive to have these
people available for active participation throughout the peer review process.
F. The utility understands that the QualServe peer review program is staffed largely by volunteers
from water and wastewater utilities. The utility is invited by AWWA to support this program by
naming a volunteer peer candidate(s) from its own staff to be considered for future peer training.
Multiple copies of Attachment 2 can be used for these nominations. When called upon by
AWWA for training and to serve as a peer, the utility agrees to provide each volunteer time to
participate in peer training and to perform at least two peer reviews within a two to five-year
period following that training. The utility will not be expected to support more than two peers
trained and available for reviews at any one time. AWWA will reimburse each peer for expenses,
consistent with those authorized in the AWWA volunteer travel policy, while attending peer
training and while traveling in support of a QualServe peer review.
H. The utility agrees to evaluate its participation in the QualServe program using materials provided
by AWWA. The evaluation typically consists of an oral and written session scheduled to follow
the peer review out-briefing. The Peer Team Facilitator will conduct the session. The evaluation
will focus on the substance and process of the self-assessment and peer review programs, and on
AWWA service and support for the utility during the course of its participation in the QualServe
program. Key members of the utility staff involved with conduct of the self-assessment and peer
review, utility executives, and senior managers will participate in the evaluation. The Facilitator
will also conduct a strategy session with the same group that will focus on how to prioritize the
recommendations and how to take the next steps toward development of the agenda for
improvement.
L The utility recognizes that it will bear incidental costs of program participation not included in the
fees, primarily to support of the peer team while at utility facilities. Included are: space for the
team to meet privately during the day; use of phones, copiers and fax machines incidental to the
visit; lunches delivered to the utility for the peer team each day; and costs associated with hosting
the peers at all events such as a tour of utility facilities and a post in-briefing social.
3
VII. AWWA Commitments
A. Peer Review
1. Team Size and Review Period: AWWA will provide a team consisting of 3 trained peers
plus 1 facilitator to conduct the on-site review beginning with a tour of utility facilities
(usually scheduled for Monday morning) and ending with an out-briefing the morning of the
final day.
2. Utility Role in Peer Team Selection: The utility will be consulted on the team make-up. If
the utility shows cause why a member of the team proposed by AWWA will be unable to
effectively function in that capacity, AWWA will seek an alternate.
3. Peer Pre-visit Preparations: The peer team will arrive on-site prepared for the visit, having
reviewed and discussed documentation provided by the utility, and with team member
responsibilities assigned. The peer term will facilitate and lead both the in and out briefings.
4. The On-Site Review: The review will consist primarily of interviews with utility managers
and some staff, and may include facilities visits and reviews of utility processes, information
management systems, etc. These activities will normally be scheduled between the hours of
8:00 AM and 5:00 PM, unless other times are agreed to by the peer team and utility staff.
5. Availability of Peers While On-Site: The peer review process is time-intensive. With the
exception of the evening of day one (Sunday), peers will use evenings for team meetings and
preparation of the final report.
6. The Peer Team Report: Copies of the final draft report will be available for review by utility
senior managers by 8:00 AM on Friday. The utility CEO and the peer team leader will meet
at/around 8:00 AM to discuss team findings and to identify errors in fact and wording that may
be inappropriate. The peer team will consider these in a final meeting and make appropriate
changes. The utility will be provided with a final report, ready for photocopying and
distribution to utility management staff, prior to the out-briefing.
The peer team report will be based on"Strengths" and "Opportunities for Improvement"
model, with primary focus on identifying a few of the key strengths and a few key
opportunities for improvement for each business process category, and for overall utility
operations. At its discretion, the team may aggregate reports for related business process
categories, especially when they have few comments for these related review topics.
7. Peer Team Availability Following the Review: Peers will retain a copy of the final report
for three months following each review. Documentation provided by the utility for use by
peers will be left with the utility at the out briefing, or discarded by each peer within these
three months. Peers will be available by phone to answer questions from the utility about the
final report throughout this three-month period.
8. Confidentiality: AWWA and the peer team will hold the substance of both the self-
assessment and the peer review in confidence except as authorized by the utility. If inquiries
are received, AWWA and peers will screen those inquiries, and if deemed appropriate, refer
the inquirer to the utility self-assessment or peer review contact. AWWA encourages utilities
to share information from QualServe openly with its customers and the public. AWWA may,
at its discretion, report basic information such as participation by the utility, dates of
participation, and key utility participants.
4
VIII. Other Terms and Conditions
A. The self-assessment and peer review will be conducted in accordance with processes
described in current program guidance materials. As administrator of the QualServe program,
AWWA reserves the right to modify these processes and materials and will be the final authority
on interpretation and use of all QualServe processes and materials.
B. AWWA member utilities and WEF corporate members will receive preference to participate
when capacity is at issue. However, once an Agreement has been signed by both the utility and
AWWA, utilities will have access to the services covered in chronological order based upon date
of acceptance of Agreements by AWWA.
C. AWWA capacity for enrolling participants, processing self-assessments, selecting and
training peers, and assembling peer teams is limited. AWWA will make a good faith effort to
meet the dates committed to in this agreement; however, the uncertainties listed here and
unforeseen events may create delays. If such delays are unacceptable to the utility, the following
shall constitute its exclusive remedies:
1. If the self-assessment process has not progressed to the point of shipment of materials to the
utility, the utility may elect to reschedule or ask for a full refund of all fees paid to date for the
self-assessment. If a refund is requested, and a self-assessment has not been conducted within
the past 12 months, the peer review will also be canceled and any fees prepaid for it will be
refunded as well.
2. If materials for the self-assessment have been shipped, whether or not the survey has been
conducted by the utility, no refund for the self-assessment will be allowed, but AWWA will
work with the utility to reschedule the survey for another time.
3. If the utility fails to complete portions of its self-assessment in accordance with dates in this
agreement, or in concert with program guidance, AWWA reserves the right to delay
processing the survey analyses and report until other surveys that are proceeding according to
schedule have been processed.
4. If AWWA fails to agree to dates and provide a peer team within 60 days prior to the later of
the review periods requested in this agreement, the utility shall have the option of rescheduling
the review for a different time frame or receive a full refund of all fees paid to date for the peer
review.
5. Peers are volunteers contributing their time and experience for the good of QualServe and
participating utilities. From time to time, emergencies may arise that make it impossible for a
peer to follow through and participate in a review for which he or she is scheduled. Under
such circumstances, AWWA will notify the utility immediately and work to reach an
acceptable resolution. Remedies include: (a) the remaining members of the peer team will
conduct the review if they believe they can do a credible job for all business process categories
within the scheduled time frame or by adding one day to the site visit; (b) AWWA will add a
peer to the team and the review will proceed as scheduled; (c) the peer review will be
rescheduled. The utility agrees to cooperate with AWWA toward reaching a solution that
provides a quality review for the utility while minimizing loss of sunk costs and added
expenditures experienced by the QualServe program. Cancellations and refunds will be
avoided if at all possible.
5
6. If one or more members of the peer team must withdraw once the team has initiated travel to
the utility, the review shall proceed as planned. If remaining members of the peer team can
remain on site for one extra day, they will do so and there will be no adjustment of fees. If the
remaining peers cannot extend their stay, and the utility believes that the value of the review
has been significantly diminished, AWWA will reimburse a percentage of the peer review fee
equal to the reduction in the size of the peer team as defined in paragraph VILA. 1.
7. In no event shall AWWA be liable to the utility for its performance or non-performance of any
terms or conditions of the Agreement in an amount exceeding fees paid by the utility for that
service under this Agreement.
D. Emergencies interrupting availability of the utility will be accommodated to the extent
feasible. If an emergency arises that is outside control of the utility, and participation in the self-
assessment and/or peer review must be delayed, AWWA will work with the utility to reschedule
and make adjustments as follows:
1. If administration of the self-assessment must be delayed, it will be rescheduled for completion
within three months of the original schedule.
2. If the schedule for the peer review must be changed from the dates shown in paragraph V. of
this Agreement, and a peer team has not been assigned, there will be no additional fee.
3. If the peer review is rescheduled after the peer team has been accepted by the utility, AWWA
will recover any non-refundable costs associated with planning for the review (travel expenses,
hotel deposits, etc.) and a fee of $2,500 shall be paid by the utility to cover additional
administrative costs.
E. Cancellations by the Utility:
1. If the utility elects to cancel the self-assessment, a cancellation fee of $1,000.00 shall be paid
or will be deducted from any refund due the utility. If materials for the self-assessment have
been shipped to the utility, no refund will be allowed. If no self-assessment has been
completed by the utility within the previous twelve months, the peer review will also be
canceled.
2. If the peer review is canceled by the utility under any circumstance, including that necessitated
by paragraph VIII.E. I., and it is not rescheduled as described in paragraph VIII. D., AWWA
will recover all costs associated with the review plus a cancellation fee of $1,000.00.
3. Fees prepaid by the utility will be returned to the utility less the total amount of any costs
accrued by AWWA and other fees set forth in this Agreement.
F. Indemnification and Liability Insurance
1. The utility, AWWA, and WEF each agrees that it is responsible for its own actions under this
Agreement and agrees to mutually indemnify and hold the other parties, their elected officials,
officers, employees, and agents harmless from and against any damage incurred by the parry
arising from that parry's performance under this Agreement.
2. Each parry agrees to maintain a policy of general liability insurance sufficient in amount and
scope to protect against the risks and harms reasonably associated with the Program and fulfill
the obligations each parry incurs under this Agreement, or have self-insurance to meet this
insurance requirement.
6
3. Specifically, AWWA maintains General Liability, Automobile Liability, and Excess Liability
insurance, and will, upon request, submit a certificate of insurance to the Utility. With regard
to Workers Compensation and Employers' Liability, AWWA employees participating in the
work of this Agreement are covered by AWWA. Individuals who participate in the work of
this Agreement as volunteers of AWWA (peer reviewers or facilitators) are covered for
Workers Compensation and Employers' Liability either by their respective employer or
through self-insurance.
G. Employment Status of QualServe Peer Team
The services of this Agreement shall be performed by AWWA or under its supervision. It is the
express intention of the parties that AWWA, its staff, and its volunteers are not employees, agents,
joint venturers, or partners of the host Utility. Nothing in this Agreement shall be interpreted to
create the relationship of employer and employee between the host Utility and AWWA, its staff,
and its volunteers. Further, the members of the peer team participate in the peer review as
volunteers and receive no compensation from AWWA or the host Utility for this volunteer
activity.
H. Changes to the Agreement
All changes to this agreement will be in writing and acknowledged by both parties. We agree
to quickly notify each other of circumstances that are likely to result in a change using telephone,
E-mail, magfax, or express mail services as soon as those conditions are recognized. Contact with
the utility will be through the key contact shown in paragraph VIA. of this Agreement. Contact
with AWWA will be at the following address, telephone and fax:
QualServe Program Manager
AWWA
" 6666 West Quincy Avenue
Denver, CO 80235
Phone: 303-734-3427
Fax: 303-794-6303
IX. Agreement
The Utility and AWWA have read, understand and agree to all of the foregoing, and the individual signing
for each is authorized to commit his or her organization to this Agreement.
For the Utility:
Printed Name:
Signature:
Date:
7
For the American Water Works Association:
Printed Name: Paula MacIlwaine, Acting Executive Director
Signature:
Date:
X. Attachments
Attachment 1 - Utility Profile
Attachment 2 - Peer Nomination Form
8
AWWA's QualServe Program: Self-Assessment
Areas
Customer Relations Business Planning & Management
✓ Customer Service ✓ Strategic Planning
✓ Customer Strategy & Satisfaction ✓ Capital Improvement Planning
✓ Government/Business/Community ✓ Financial & Fiscal Planning
Relations
✓ Plant & Property Management
✓ Customer Accounts Management
✓ Information Management Systems
✓ Purchasing
✓ Engineering
Organizational Development Wastewater Operations
✓ Leadership & Organization ✓ Watershed Management
✓ Continuous Improvement ✓ Collection Operations & Maintenance
✓ Human Resources Management ✓ Treatment Operations & Maintenance
✓ Health & Safety Management ✓ Industrial Pretreatment
✓ Emergency Planning & Response ✓ Biosolids Management
✓ Permitting Air & Water Quality
Water Operations
✓ Water Resources Management
✓ Treatment Operations & Maintenance
✓ Distribution Operations &
Maintenance
✓ Water Quality Management
AWWA's QualServe Program: Program Costs
Self-Assessment Surveys
Number of Focused
Full Survey
Surveys Survey
25 $ 3,000.00 $ 2,000.00
50 $ 4,000.00 $ 3,000.00
100 $ 6,000.00
200 $ 7,000.00
Peer Review
Number of Number of
Cost
Peers Days
3 4 $ 29,000.00
3 5 $ 35,000.00
4 4 $ 45,000.00
4 5 $ 51,000.00
5 4 $ 61,000.00
Benchmarking
Free of Charge, $150 for Regional Report
ITEM NO. 3.3
AGENDA REPORT
Meeting Date: April 16, 2010
Subject: Customer Feedback Report
ATTACHMENTS:
Name: cv, i~a$icri: a ype:
Customer Feedback.pdf Customer Feedback Backup Material
March 2010 Customer Feedback - 235 CSR's Generated
CSF~IVot Directly
N'oColl Required -63 Relatedrec ■ CSR Not Directly Related to Customer -
- 87
27% 37% 87
■ Follow-Up Phone Calls-85
No Calls Required-63
Fallow-Up Phone Fall -
S5
36%
March 2010 Customer Feedback Number of Phone Calls
Placed - 85
Neutral Response-11
1.6 Messages left - 36
%44
■ Messages Left-36
■ Positive Respon5e-34
Neutral Response-12
Positive Response-34
41% ■ Negative Response-0
■ Corrective Action Taken-0
S Impossible Problem to Solve-0
ITEM NO. 3.4
AGENDA REPORT
Meeting Date: April 16, 2010
Subject: Report on 2010 Legislative Bills
ATTACHMENTS:
Name: Dosciiption: Type:
MKB - Legislative Bills.pdf Legislative Bills Report Report(s)
f
RECEIVED
MCCo$MICS. KIDMAN 8c BEHRENS. LLP APR 1~r p 2010
LAWYERS
650 TOWN CENTER ❑RIVE
H. L. IMIKEI McCORMICK•• SUITE 100 YO•''•U"'•••'WWXTW
ARTHUR G KIDMAN•
RUSSELL G BEMRENS• COSTA MESA. CALIFORNIA 92926
SUZANNE M TAGUE•t TELEPHONES [7141 755-3100
DAVID D SOYER• 19001 755 3125
OANIEL J PAYNE-
JOAN J SENNETT FAX [7141 755-3110
EDDY R. 13ELTRAN wwwmWowy®rscom
TRAM T TRAN
JOHN P GLOWACKI
LAURIE E PARK
PATRICIA J. OUILIZAPA
JONATHAN D SALMON
April 9, 2010
•A PROFESSIONAL CORPORATION
tCERTIFICD SPECIALIST PROBATE
ESTATE PLANNING 6 TRUST LAW
THE STATE BAR OF CALIFORNIA
BOARD OF LEGAL SPECIALIZATION MEMORANDUM
"OF COUNSEL
TO WATER AGENCY CLIENTS
FROM McCormick, Kidman & Behrens, LLP
RE First Report on 2010 Legislative Bills
Enclosed please find the first Legislative Report for the 2010 legislative session of the
California Legislature. The bills selected are those which we think should be of interest to one or
more of our water agency clients. The individual bill summaries are extracted from the bills
themselves and from information obtained from the Association of California Water Agencies or
from other sources.
We have organized the bills into subject categories, provided a subject Table of Contents
and provided a numerical order Index. We have access to bill text and other information if more
detail is needed or if there are questions on the summary provided.
McCORMICK, KIDMAN & BEHRENS, LLP
By- ~ c
AR R G. KIDMAN
AGKIERB
FIRST 2414 LEGISLATIVE REPORT
TABLE OF CONTENTS
A. DROUGHT, WATER CONSERVATION AND WATER RATIONING
B. WATER RESOURCES MANAGEMENTIWATER PROJECTS
C. INFRASTRUCTURE FINANCING
D. EMINENT DOMAIN
E. PUBLIC OFFICIALS; ETHICS
F. BROWN ACT/PUBLIC RECORDS
G. LABOR, EMPLOYMENT AND BENEFITS
H. PUBLIC WORKS/CONTRACTS
1. WATER SUPPLY AND LAND DEVELOPMENT
J. WATER QUALITY/POLLUTION
K. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
L. SPECIFIC AGENCIES AND/OR PROJECTS
M. LAFCO
N. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION
PROCEDURES
McCormick, Kidman & Behrens, LLP
Legislative Report April 9, 2010
FIRST LEGISLATIVE REPORT FOR 2010
A. DROUGHT, WATER CONSERVATION AND WATER RATIONING
A.1 AB 1793 (Saldana) Common interest developments: artificial turf.
Existing law requires a local agency to adopt a specified updated model ordinance regarding
water-efficient landscapes or a water-efficient landscape ordinance that is at least as effective in
conserving water as the updated model ordinance. Existing law allows certain water providers to
take specified actions regarding water conservation. This bill would provide that a provision of
any of the governing documents of a common interest development would be void and
unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, the use of
artificial turf or any other synthetic surface that resembles grass.
ACWA Position. Favor Status. Asm. Housing and Community Dev
A.2 AB 1975 (Fong) Water charges and meters: multiunit residential
structures.
The Water Measurement Law requires every water purveyor to require, as a condition of new
water service on and after January 1, 1992, the installation of a water meter to measure water
service. It also requires urban water suppliers to install water meters on specified service
connections and to charge water users based on the actual volume of deliveries as measured by
those water meters in accordance with a certain timetable.
This bill, with a certain exception, would require every water purveyor that provides water
service to a multiunit residential structure or a mixed use residential and commercial structure for
which the first occupancy permit for a newly constructed building is issued on or after January 1,
2012, to require the installation of meters or submeters on each individual rental unit as a
condition of new water service to that property The bill would require the owner or his or her
agent to charge occupants for water and sewer service based on the actual volume of water
delivered as measured by the water meter or submeter plus specified fees for the actual costs of
reading the meter or submeter and providing billing services for late payments of charges and
fees.
ACWA Position: Favor Status. Asm. Water, Parks c& Wildlife
A.3 AB 2409 (Nestande and Hill ) Urban Water Suppliers: water shortage
contingency analysis.
The Urban Water Management Planning Act, requires an urban water supplier, as defined, to
prepare and adopt an urban water management plan for submission to the Department of Water
Resources and other entities, in accordance with prescribed requirements. It also requires the
plan to include, among other things, an urban water shortage contingency analysis. The urban
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McCormick, Kidrnan & Behrens, LLP
Legislative Report April 9, 2010
water shortage contingency analysis is required to include various elements relating to water
supply availability during water shortages and interruptions.
This bill would require an urban water supplier, for purposes of developing a water shortage
contingency analysis, to analyze and define water features that are artificially supplied with
water, including ponds, lakes, waterfalls, and fountains, separately from swimming pools and
spas, as defined.
ACWA Position. Watch Status. Asm. Water, Parks & Wildlife
AA AB 2422 (T. Berryhill) Urban water demand management:
model water efficient landscape
ordinance: scientific panel.
The Urban Water Management Planning Act, requires each urban water supplier, as defined
therein, to prepare and implement a water management plan for the efficient use of available
water supplies for submission to the Department of Water Resources and other entities. The act
also requires DWR, in consultation with the California Urban Water Council, to convene an
independent technical panel to provide information and recommendations on new demand
management measures, technologies, and approaches.
This bill would require DWR, on or before July 1, 2011, to convene an expert scientific panel to
review, and provide recommendations for, updates to the model water efficient landscape
ordinance and proposed rules, regulations, and guidelines relating to urban residential water
demand management. It would also prescribe the membership of the panel and requirements for
the panel's review and recommendation functions, and also authorize DWR to reimburse
members of the panel for expenses incurred pursuant to these provisions upon the appropriation
of funds by the Legislature for that purpose. This bill would also require DWR to submit
specified proposed updates, rules, regulations, and guidelines to the panel and to consider the
panel's findings and recommendations and take specified actions based on those findings and
recommendations.
ACWA Position. Watch Status. Asm. Water, Parks & Wildlife
B. WATER RESOURCES MANAGEMENTIWATER PROJECTS
B.1 AB 1886 (Yamada) Water use: Sacramento-San Joaquin Delta
watershed.
The Department of Water Resources exports water from the Delta watershed in connection with
its operation of the State Water Project. This bill would require that DWR, on or before
February 1 and annually thereafter, prepare and submit to the Legislature a report detailing the
actions it has taken to reduce its reliance on Delta water supplies.
ACWA Position. Oppose Status. Asm. Appr
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McCormick, Kidman & Behrens, LLP
Legislative Report April 9, 2010
B.2 AB 2049 (Arambula) State Water Resources Development
System: water delivery.
Under current law, the Department of Water Resources (DWR) administers water supply
contracts pursuant to which water suppliers (contractors) are supplied water from the State Water
Resources Development System, in accordance with the California Water Resources
Development Bond Act. This bill would prohibit the Director of DWR from approving a transfer
or assignment for more than 10 years for any contractual right to the delivery of a water supply
from the State Water Resources Development System that is held by a contractor for agricultural
use to another contractor for municipal use.
ACWA Position. Oppose Status. Asm. Water, Parks & Wildlife
B.3 AB 2304 (Huffman) Groundwater management plans: components.
Existing law authorizes specified local agencies that provide water service to adopt and
implement a groundwater management plan. Existing law requires a local agency seeking
specified state funds to include in a groundwater management plan that is adopted pursuant to
that authority various components, including components relating to the monitoring and
management of groundwater levels within the groundwater basin. Existing law authorizes the
plan to additionally include other components relating to, among other things, identification and
management of wellhead protection areas and recharge areas, replenishment of groundwater, and
review of land use plans and coordination with land use planning agencies.
This bill would add coordination with local planning agencies to develop and implement land use
strategies that protect prime recharge areas to the list of authorized components of a groundwater
management plan. This bill would also add to the list of components that are required to be
included in a groundwater management plan for the specified funding purposes, an identification
and map of prime recharge areas, as defined, for the groundwater basin and identification of
potential threats to the capability of those areas to replenish high-quality groundwater.
Existing law establishes in each city and county a planning agency and imposes various
requirements on cities and counties with respect to the preparation, adoption, and amendment of
general plans and elements of general plans. Existing law requires a public water system, as
defined, with 3,000 or more service connections, upon receiving notification of a city's or
county's proposed action to adopt or substantially amend a general plan, to provide the local
planning agency with specified information pertaining to existing and future water supplies.
This bill would additionally require a public water system that is subject to those requirements to
provide a description of prime recharge areas and potential threats to those recharge areas
identified in groundwater management plans or programs.
ACWA Position: Watch Status. Asm. Water, Parks & Wildlife
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McCormick, Kidman & Behrens, LLP
Legislative Report April 9, 2010
B.4 AB 1774 (Saldana) Recycled water: state agency landscape irrigation.
Existing law sets forth legislative findings and declarations stating that the use of potable
domestic water for the irrigation of residential landscaping is a waste or unreasonable use of
water if recycled water is available, as determined by the State Water Resources Control Board
(SWRCB). Existing law authorizes a public agency to require the use of recycled water for the
irrigation of residential landscaping if recycled water is available for the use, as determined by
the SWRCB, if certain requirements are met. This bill would state legislative findings and
declarations that the use of potable domestic water for the irrigation of landscaping generally is a
waste or an unreasonable use of water if recycled water is available, as determined by the
SWRCB.
This bill would authorize a public agency, including a state agency, city, county, city and county,
district, or any other political subdivision of the state, to require the use of recycled water for
irrigation of landscaping by a state agency if all of the following requirements are met:
1) Recycled water is available to the user, and the source of recycled water is of adequate quality
for the proposed use.
2) The use of recycled water does not cause any loss or diminution of any existing water right.
3) The irrigation systems are constructed in accordance with existing statute related to such
systems. (Chapter 3 of Division 4 of Title 22 of the California Code of Regulations.)
4) In the case of existing irrigation systems, the state agency can reasonably retrofit the irrigation
system to meet applicable permitting requirements.
ACWA Position: Favor and amend Status: Asm. Water, Parks & Wildlife
B.5 SB 1173 (Wolk) Recycled water.
Existing law declares that the use of potable domestic water for non-potable uses is a waste or an
unreasonable use of water if recycled water is available, as determined by the State Water
Resources Control Board, and if certain conditions are met. This bill would declare that the use
of raw or potable domestic water, as defined, for non-potable municipal or industrial uses is a
waste or unreasonable use of water if recycled water is available, and the use meets specified
regulatory criteria.
Existing law prohibits a person or public agency from using any water that is suitable for potable
domestic use for non-potable uses if suitable recycled water is available, as determined by the
SWRCB, and if certain requirements are met. This bill, instead, would prohibit a person or
public agency from using raw or potable domestic water that is suitable for non-potable
municipal or industrial uses if suitable recycled water is available, as determined by the SWRCB,
and if the use meets specified regulatory criteria.
Existing law declares that the use of potable domestic water for the irrigation of residential
landscaping, floor trap priming, cooling towers, and air-conditioning devices is a waste and
unreasonable use of water if recycled water is available, as determined by the SWRCB, and
certain requirements are met.
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McCormick, Kidman & Behrens, LLP
Legislative Report April 9, 2010
This bill, instead, would declare that the use of raw or potable domestic water for those purposes
is a waste and unreasonable use of water if recycled water is available, as determined by the
SWRCB, and the use meets specified regulatory criteria.
ACWA Position: Not favor unless amended Status Asm. Appr
C. INFRASTRUCTURE FINANCING
D. EMINENT DOMAIN
E. PUBLIC OFFICIALS; ETHICS
E.1 AB 1813 (Lieu) Public officials: personal information.
Existing law requires a person, business, or association, upon receiving written demand of an
elected or appointed official, to remove the official's home address or telephone number from
public display on the Internet within 48 hours of the delivery of the demand, and to continue to
ensure that information is not reposted in the same manner. This bill would specify that the
requirement to remove the information from public display on the Internet includes information
provided to cellular telephone applications.
ACWA Position. Watch Status Asm. Public Safety
E.2 AB 1955 (De La Torre) Public officers: incompatible offices.
Existing law prohibits a public officer, including, but not limited to, an appointed or elected
member of a governmental board, commission, committee, or other body, from simultaneously
holding two incompatible public offices, as specified, unless simultaneous holding of the
particular offices is compelled or expressly authorized by law This bill would provide
additional circumstances when two public offices are incompatible a follows:
1) When both offices have the power of eminent domain in an area in which the geographic
jurisdictions of each office or body overlap.
2) Either office has the power to set a fee or a rate or to impose a tax or a levy that may directly
or indirectly affect the other office or body
3) Either office has the authority to investigate, monitor, or sue the other office or body
ACWA Position. NYC Status. Asm. Loc. Gov
E.3 AB 2622 (Smyth) Political Reform Act of 1974: campaign contributions.
The Political Reform Act of 1974 places restrictions on the collection of campaign contributions
by candidates for public office through a variety of provisions. A person who violates these
limitations on the collection of campaign contributions is guilty of a misdemeanor. This bill
would amend the Act to prohibit a Member of the Legislature, if the Legislature does not pass
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and send to the Governor by midnight on June 15 a Budget Bill for the following fiscal year,
from receiving campaign contributions from June 16 until the date on which the Budget Bill is
passed and sent to the Governor.
ACWA Position. Watch Status. Asm. Elections c& Redistricting
F. BROWN ACT/PUBLIC RECORDS
F.1 AB 1957 (Silva) Administrative Procedure Act: notice of proposed
actions: local government agencies
Existing law, the Administrative Procedure Act, governs the procedure for the adoption,
amendment, or repeal of regulations by state agencies and for the review of those regulatory
actions by the Office of Administrative Law This bill would require an agency to mail a notice
of proposed action to adopt, amend, or repeal a regulation to local government agencies or local
government agency representatives that the agency believes may be interested in, or impacted
by, the proposed action, as prescribed. This bill would require the office, for purposes of this
notice, to create, maintain, and make available to a requesting agency, a notification list of local
government agency representatives, as prescribed.
ACWA Position. Favor Status. Asm. Appr
G. LABO EMPLOYMENT AND BENEFITS
H. PUBLIC WORKS/CONTRACTS
1. WATER SUPPLY AND LAND DEVELOPMENT
J. WATER QUALITY/POLLUTION
J.1 SB 1107 (Kehoe) Water quality: interceptor and trap grease.
Existing law regulates the transportation of inedible kitchen grease and requires transporters to
be registered and pay specified fees. This bill would enact the Interceptor and Trap Grease
Transportation Act of 2010. This bill would prohibit any person or entity from engaging in the
transportation of interceptor and trap grease, unless that person or entity is registered with, and
possesses a valid registration certificate issued by, the state board. The bill would require the
state board to impose a registration fee sufficient to cover the costs of implementing the act. The
bill would require the state board to deposit all revenues from the registration fee in the
interceptor and Trap Grease Fund, which the bill would establish.
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The bill would also authorize the board to expend moneys in the fund to implement the act,
subject to appropriation for that purpose. This bill would define "interceptor and trap grease" to
mean grease that is principally derived from food preparation, processing, or waste, and that is
removed from a grease trap or grease interceptor. The regulations would include regulations
regarding the development and implementation of a transportation, registration, and manifest
system, and a requirement that a grease waste hauler transport interceptor and trap grease only to
a facility authorized to receive that grease.
ACWA Position. Favor and amend Status. Sen. Food & Ag.
J.2 SB 1284 (Ducheny) Water quality: mandatory minimum civil penalties.
This bill is sponsored by the Association of California Water Agencies. Existing law gives the
State Water Resources Control Board (SWRCB) and its regional water quality control boards the
authority to prescribe waste discharge requirements in accordance with the federal Clean Water
Act and the Porter-Cologne Water Quality Control Act. Porter-Cologne, and, with certain
exceptions, impose a mandatory minimum penalty of $3,000 for each "serious waste discharge
violation." Civil liability may be imposed administratively by the SWRCB or a regional board
or those boards may request the Attorney General to petition the superior court to impose the
liability.
This bill would provide that the following violations involving the failure to file a discharge
monitoring report are not subject to those mandatory minimum civil penalties:
1) A violation for a failure to file a monitoring report for which the SWRCB or regional board
did not inform the discharger of the alleged violation within 90 days of the date on which the
monitoring report was required to be filed.
2) A violation that consists of a failure to file a monitoring report for any period in which no
discharge occurred.
3) A violation that consists of a failure to file a monitoring report for any period in which
discharges do not violate effluent limitations contained in waste discharge requirements that
include numeric effluent limitations.
This bill would also allow for its provisions to apply retroactively to applicable violations that
occurred from January 1, 2004 on.
ACWA Position. Sponsor/Support Status. Sen. Env Qual.
K. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
K.1 AB 1704 (Jeffries) Environment: CEQA: exemption.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, certain environmental documentation. CEQA exempts from
these requirements certain specified pipeline projects. This bill would additionally exempt a
project for the installation of a new pipeline for the distribution of recycled water within an
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improved public street, highway, or right-of-way This bill would also exempt a project for the
replacement of an existing pipeline for the distribution of water within an improved public street,
highway, or right-of-way
ACWA Position. Support Status. Asm. Nat. Res.
K.2 AB 1805 (C. Calderon and Nestande) Environment: CEQA.
SB 1010 (Correa) Environment: CEQA
SBX8 42 (Correa) Environment: CEQA
i
These bills contain similar language. They would enact the CEQA Litigation Protection Pilot
Program of 2010 and would require the Business, Transportation and Housing Agency (BTH) to
select projects that meet specified requirements from specified regions for each calendar year
i
between 2010 and 2014 They would exempt from judicial review, pursuant to CEQA, a lead
agency's decision to certify the EIR of, or to adopt a mitigated negative declaration based on an
initial study for, the selected projects, a lead agency's and responsible agency's approval of the
selected project, and BTH's selection of the projects. The bills would also require BTH, by
December 31 of each year, to submit an annual report to the Governor and the Legislature
summarizing the designation of projects, jobs created and investment attributable to the
designated projects.
ACWA Position for AB 1805 Watch Status Asm. Nat. Res.
ACWA Position for SB 1010• Watch Status. Sen. Env Qual.
ACWA Position far SBX8 42 Watch Status Sen. Env Qual.
K.3 AB 1929 (Hall) Invasive aquatic species: mussels.
Existing law, until January 1, 2012, generally prohibits a person from processing, importing,
shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted
in any water within the state, dreissenid mussels. AB 1929 is a reintroduction of AB 804, which
was vetoed last year. 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 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.
The bill's sponsor, the Association of California Water Agencies, states that the bill is necessary
to ensure that local water suppliers are not civilly and criminally liable when good-faith control
and eradication measures do not stop the movement and proliferation of quagga mussels. The
amendments clarify when immunity will be appropriate and that is when a plan has been initiated
and the operator is in compliance.
ACWA Position. Sponsor/Support Status Asm. Appr
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K.4 AB 2565 (Ammiano) Environment: CEQA: notices.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, specified environmental documentation. CEQA requires the
lead agency to provide specified notices to a person who files a written request for the notices
and, under certain circumstances, requires the lead agency to provide a sufficient number of
copies of the document to the State Clearinghouse for review and comment by state agencies.
This bill would authorize the lead agency, in lieu of providing an interested party and a public
agency with a notice, response, or document as required by CEQA, to notify the interested party
or public agency of the availability of the notice, response, or document on the lead agency's
internet website. This bill would also authorize the lead agency to post, maintain, and make
available on the lead agency's internet website, any notices, responses, and documents that are
required to be made available to the public or to other public agencies.
ACWA Position. Favor- Status Asm. Nat. Res.
L. SPECIFIC AGENCIES AND/OR PROJECTS
L.1 SB 1412 (R. Calderon) Water replenishment districts.
The Water Replenishment District Act provides for the formation of water replenishment
districts. The Act grants authority to a water replenishment district relating to the replenishment,
protection, and preservation of groundwater supplies within that district. The Act requires the
board of directors of a water replenishment district to prepare an annual engineering survey and
report that includes information relating to the groundwater supplies within the district. The Act
requires the board to make certain determinations in connection with a decision to impose a
water replenishment assessment to purchase replenishment water or to remove contaminants
from the groundwater supplies of the district. The Act requires the water replenishment
assessment to be fixed at a uniform rate per acre-foot of groundwater produced within the
district.
This bill, instead, would require information in that engineering survey and report, and those
related determinations, to pertain to the groundwater in each basin within the district. The board
of directors of a district, upon determining to impose a water replenishment assessment on the
production of groundwater from each groundwater basin, would be required, except as otherwise
provided, to impose the assessment in an amount that is calculated to pay for costs that include
the actual costs of replenishing the groundwater basin, removing contaminants from the
groundwater basin, and the administrative costs of the district. The charge would be required to
be fixed at a uniform rate.
ACWA Position. Not Favor Status. Sen. Nat. Res. & Water
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M. LAFCO
N. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION
PROCEDURES
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INDEX
AB 1704 (Jeffries). 8
AB 1774 (Saldana) 5
AB 1793 (Saldana) .2
AB 1805 (C. Calderon & Nestande) 9
AB 1813 (Lieu) 6
AB 1886 (Yamada) 3
AB 1929 (Hall) 9
AB 1955 (DeLaTorre). 6
AB 1957 (Silva) 7
AB 1975 (Fong)..... .2
AB 2049 (Arambula) 4
AB 2304 (Huffman) 4
AB 2409 (Nestande and Hill) .2
AB 2422 (T Berryhill) 3
AB 2565 (Ammiano) 10
AB 2622 (Smyth)......... 6
SB 1010 (Correa) 9
SB 1107 (Kehoe). 7
SB 1173 (Wolk) 5
SB 1284 (Ducheny). 8
SB 1412 (R. Calderon).. 10
SBX8 42 (Correa) 9
12
ITEM NO. 3.5
AGENDA REPORT
Meeting Date: April 16, 2010
Subject: General Counsel's Monthly Summary Billing Report
ATTACHMENTS:
Name: Dosciiption: a ype:
MKB - Billing Summary Mar.pdf MKB Billing Summary Backup Material
YORBA LINDA WATER DISTRICT
MONTHLY SUMMARY BILLING CHART
BILLING MONTH: March
Matter Matter Date Task Order
Name Number Opened Amount
CURRENT FISCAL YEAR 2009 -2010
Current Billing Total Billed to Date Total Billed 2008 -2009
March 26. 2010 Current Fiscal Year Prior Fiscal Year
CONSTRUCTION CONTRACTS
002
7/31/2007
NIA
$5,510.91
$32,898.22
$16,113.90
PROPERTY TAX ALLOCATION
030
$0.00
$1,404.54
$2,085.00
OCWD ANNEXATION
040
1/13/1994
NIA
$0.00
$2,722.50
$7,185.00
RICHFIELD SITE IMPROVEMENTS
042
$0.00
$0.00
$545.00
SHELL
051
$0.00
$51.34
$1,304.71
HIDDEN HILLS RESERVOIR
068
8/25/2003
$2,779.27
$66,101.87
$120,193.53
YLWD DEIMER PLANT
069
$2,472.50
$4,107.50
S &S DEVELOPMENT AGREEMENTS
079
$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
$4,204.21
$21,201.65
$43,493.12
CELL TOWER
085
7/28/2006
$15,000.00
$0.00
$2,043.80
$1,01150
WATER RATESIWATER CONSERVATION
087
7/31/2006
$10,000.00
$0.00
$14,641.85
$76,130.12
BOD PROCEDURES
089
3/27/2006
$5,000.00
$0.00
$0.00
$12,522.50
GRANDVIEW SEWER
091
5/30/20071
$10,000.001
$0.00
$545.50
$1,202.50
Matter Matter Date Task Order Current Billing Total Billed to Date Total Billed 2008 -2009
Name Number Onened Amount March 26. 2010 Current Fiscal Year Prior Fiscal Year
2010 DEVELOPMENT PROPOSALS
094
1/19/2010
$6,500.00
$6,500.00
CIELO VISTA
095
2/3/2010
$2,787.12
$2,787.12
ANAHEIM WELLS
097
1 3/31120101
$907.50
$907.50
TOTAL
r
I
I $25,161.51
1 $156,490.89
$290,488.09
McCormick, Kidman & Behrens Charges
Month of
Mar-2010
Expensed 17,373.27
Job charges 9,788.24
27,161.51
YTD through
Mar-2010
Expensed 139,212.52
Job charges 36,768.37
175,980.89