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Home My WebLink About2010-10-19 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Tuesday, October 19, 2010, 4:00 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. Posting of Draft Minutes from Public Financing Corporation (PFC) Meetings Recommendation: That the Committee recommend the Board of Directors authorize staff to post the draft PFC minutes in Laserfiche, accessible on the District's website prior to PFC approval. The documents will have a watermark clearly identifying them as "Draft" subject to approval by the PFC Board. 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. E-Civis Grants Management 3.2. Final Report on 2010 Legislative Bills 3.3. General Counsel's Monthly Summary Billing Report 3.4. Continuing Education Plan & Expense Reimbursement (Verbal Report) 3.5. Future Agenda Items and Staff Tasks 4. ADJOURNMENT 4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will be held November 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: October 19, 2010 Budgeted: N/A To: Executive-Administrative- Organizational Committee From: Ken Vecchiarelli, General Manager Presented By: Ken Vecchiarelli, General Manager Reviewed by Legal: N/A Prepared By: Ken Vecchiarelli, General Manager Subject: Posting of Draft Minutes from Public Financing Corporation (PFC) Meetings SUMMARY: The Yorba Linda Water District Public Financing Corporation (PFC) meets once yearly or more frequently if needed, typically for the purposes of electing new officers. The PFC usually meets the same day and immediately following a regularly schedule meeting of the YLWD Board. Minutes from a PFC meeting are drafted soon after the meeting date but not published for public availability until the next PFC meeting, sometimes twelve months later, when the PFC Board considers action to approve or amend these minutes for the public record. In response to a customer request for more timely review of action taken by the PFC, staff recommends posting the draft meeting minutes as soon as they are available. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors authorize staff to post the draft PFC minutes in Laserfiche, accessible on the District's website prior to PFC approval. The documents will have a watermark clearly identifying them as "Draft" subject to approval by the PFC Board. DISCUSSION: The YLWD Public Finance Corporation (PFC) was established by action of the YLWD Board on August 7, 2003. The purpose of forming the corporation was to authorize financing for the replacement of the Highland Reservoir and for construction of the District Administration Building. The Board pledged the District's property tax revenue as the first and primary source of repayment against the principal and interest for any new debt authorized for these projects. The PFC authorized the issuance of additional debt in the form of Certificates of Participation (Revenue Bonds), in December 2007, for the purposes of funding an ambitious program of Capital Improvement and Capital Replacement projects. On a yearly basis, the PFC convenes, usually following the YLWD Board reorganization meeting in December, to elect or appoint officers of the corporation. The Board of Directors and officers of YLWD typically serve as the Board and officers of the PFC. These meetings occur immediately following the regularly scheduled YLWD Board meeting and are usually very short and administrative in nature. Minutes from a PFC meeting are drafted soon after the meeting but not published for public availability until the PFC meets again and can approve or amend these minutes. In response to a customer request for more timely review and availability of the PFC action, staff recommends posting a draft of the PFC minutes shortly following the meeting date and prior to the next meeting of the PFC when the Board will officially consider approving the minutes as is or as amended. Since this is sometimes twelve months following the meeting date, with this simple change in practice, our customers can see what action was taken by the PFC much sooner. Since the YLWD Board is only compensated for a maximum of one meeting per day and a maximum of ten meetings per month, the Board is not compensated for attending a PFC meeting on the same days as a regular or special meeting of the YLWD Board. By convening the PFC meetings concurrently, our Board conserves our ratepayers money and minimizes the PFC and District expenses. ITEM NO. 3.1 AGENDA REPORT Meeting Date: October 19, 2010 Budgeted: No To: Executive-Administrative- Cost Estimate: $3,500 Organizational Committee Funding Source: Water Operating Fund From: Pat Grady, Assistant General Manager Presented By: Pat Grady, Assistant General Dept: Administration Manager Reviewed by Legal: N/A Prepared By: Cindy Botts, Management CEQA Compliance: N/A Analyst Subject: E-Civis Grants Management SUMMARY: E-Civis is the leading online provider of federal, state and foundation grants information and grants management for governments, special districts and tribal agencies. E-Civis' online database contains tens of thousands of funding opportunities, with the option of partnering grant seekers with professional grant application writers and/or assisting the grant seeker with the knowledge to write their own grant applications. DISCUSSION: E-Civis has developed a web-based system where users from the District are able to "log in" to search for grants. Components of the system include the following: . Ability to search for grants via keywords or categories . Individual search agents can be saved . Email notification of new grants pertaining to those previously searched keywords . Samples of award-winning grant applications and summary data on eligibility, application and matching funds requirements . Professionally written publications on the grants process, organizational development and best practices . Web-based learning courses . A comprehensive glossary of grants-related terminology Once a relevant grant has been found, E-Civis can provide access to their professional Grant-writer Network. This network links agencies with independent grant-writers and includes writing samples, letters of reference, areas of proficiency and grant win-rate for each pre-verified grant writer. As the writers are independent consultants, their pay structure is separate from the contract paid to E- Civis. Other local agencies that have used E-Civis for grant management include the City of Riverside, the County of Orange, the City of Los Angeles, the City of Placentia, and the City of La Habra. The cost for a year-long contract with E-Civis is $3,375. PRIOR RELEVANT BOARD ACTION(S): Previously the District has used internal staff for research and application of grants and/or Townsend Public Affairs for public sector funding advocacy and application of grants. The option of utilizing a web-based system for grants research, such as E-Civis, was discussed with the Committee at the time the contract with Townsend Public Affairs was terminated. This item has been brought back for discussion. ATTACHMENTS: Nan, e: )scrip pion: o ype: GNR_Screen _Shots.pdf Screen Shots of GN Research Base Backup Material Research - Search for Grants - My Search Agents - My S aved Grants - My G rant Reviews - My Recent Updates — r^lew {3rai1U/UNdala:, - Search PFA Library - Referral Network NEW! +Grants News + Oraanization Fun Ana Home > Search for Grants ;earth for SAO ow Kepv eordsfCFdA Create up to ten customized search agents to send you email alerts as grants enter the system that matches your search criteria. Search by keywords 0 Multiple wards will be searched as an exact phrase, unless separated by commas or Boolean Operators Categories * And/6r+y- Categories Leave unchecked to search all categories, of ❑ Agriculture ❑ Arts & Culture ❑ Community Development ❑ Disaster Preparedness ❑ Domestic Prep./Homeland Security ❑ Economic Development ❑ Education ❑ Energy ❑ PiFQ /EMS ❑ Hazardous Waste /Brownfields ❑ Health, Prevention/Treatment refine your search by checking up to five. SaveiCreate Search Agent Name: ❑ Send Search Agent Alert ❑ Health, Research ❑ Recycling & Reuse ❑ Housing ❑ Rural Issues ❑ Human Services ❑ Senior Citizens ❑ IT/Telecommunications ❑ Solid Waste ❑Justice, Prevention /Correction /Rehab ❑Tourism and Hospitality ❑Justice, Victims ❑Training & Vocational Services ❑Justice, Youth ❑Transportation ❑ Law Enforcement ❑ Wastewater F-] Llbrirl4s + ❑ Water Sup p Iy/ ;u a lty ❑ Natural Resources ❑ Parks & Recreation Grants C *)Search All Grants (Grants Network and Organization Funding) sv .: Search Organization Funding Only Additional Searoh Criteria T "e App_fh,ne Matrhin a f:ra,ntfnrlae Federal All Include All Foundation Arizona Relevance : 1 0 2 0 3 0 4 0 Geo- Filter 0: 0 Eligibility: Agency: Local Qovernment — I AZ Central Arizona Water Conzervation Dinrict �Calllbrnla Den-m I Imo: I&K I.11. Improving Grants performance Research TC-0I1Fa rnla 6airra I. • U M LE NETWORK Homo . Ccmmh far Grant. ` IC -mmmh RoauRa Create Customized Search Agents w/ email notifications - S e a rch fo r Grants Search Results \ - My Search agents y - My Sawed Grants Criteria Used Save f Creabe Search Agent - My Cram Reviews - My Recent Updates A9 R.— rlt� fnr: hlamci - New GrantsJUpdates Categories: Solid Waste - search VI-A Library Type: US,FD,CA ❑ Send Alert Email ReforralIlCtw0F14MEW! I Geo Filter; On + News + O anizatip n Fundin 0 Notice of Funding Availability_ - GN CULIL Gr�ml. iiL1e AL) L-nL4 , "t�LU.:I I unJ:.. App LJuL- CA 1088 Solid Waste Disposal and Codisposal Site Cleanup Program; Loans to CA EPA Unspecified Rolling Local Governments - FV 2010 CA0272 Intrastructure State Revolving Fund (ISRF) Program - FV 2008 CA Other Unspecitied Rolling - User -3uide CA 1347 Tax- Exempt Bond Financing Program - FV 2008 CA Other Unspecified Rollinq - - 5y stem TraIning - FA ;s 1J5;B639 Recovery Act; Wazer and EnvlronmenzaI Programs (W EP) wazer and US Agrlculzure $2,748,720,412 Rolling - Contact Us Wa:rt4 Disposal Loans and Grants - FV 2009 I IRn425 Wartr anrd W;icrp Dicnncal I nano and Grant- - FV ?n1 n I IR Agririidtiira I Inclrarifiarl Rnlding CA0041 D Consolidated Grants Program (Part D); Urban Stormwater Program - FV CA EPA Unspecitied Unknown v 2000 US7779 Superfund Haaardour sub rtanco Baric Rovo3rch and Tr�ininq Program US DHHS 11,000,404 0- 1/15/2010 (P42) - FV 2011 r P revio 9 y CA 1006 Solid Waste Disposal and Codispasal Site Cleanup Program; Local CA EPA t1,S00,000 03/15!2010 Tund(W Government Matching Grants - FY 2010 (Multiple) CA 1084 Solid Waste Disposal and CodisposaI Site Cleanup Program: Grants to CA EPA $1,000,000 03/15 {2010 Awarpj Public Entitles zp Abate Illegal Disposal 51zes - FY 2010 (Mulupde) U54676 CommunMy Action for a Renewed EnUlronmenz (CARE) Program - FY US EPA $2,000,000 03/09)2010 A.-plica�n 2010 C:AI14511 Warta Tira Fnfnrr"PmPnt firant� - FV ?11111 CA FPA t7,1 4 1,2R4- n,� /n4! ?n 1 n (M ultiple) CA0204 Farm and Ranch Solid Waste Cleanup A batement Grant Pro gram FV CA Other $1,000,000 03/01 {2010 2010 (M ultiple) Uti4l;3� tiource Keductlon Assistance Cirant Program - I-Y 11J I Uti EVA $1,;3UU,uuu U2/uq[2U I US 1999 Superfund Section 128(a): State and Tribal Response Programs FV US EPA Unspecified 01/31 {2010 2010 CA0200A Local GoYernmentTire Grant Program (Part A); Waste Tire Cleanup CA EPA $2,10 ID, 000 01/29 {2010 III W, Pru ieLl FY 2010 e0vis Improving Grants performance Research - Sea ih ;or Era is - V 7 5eardi 4gen-s - V •f Sarec G-ants - UV a =n- ke �rieac - V •f RE nett U :id ate - NrviG,rnr-JUpdAs -Seath sFA i Inn ry• - Refvra r4etm.rk h &f! + 3 -h neVA 0 an¢adonFtrdnc - use a_re - 5 - ,-tem Training - FAgE - Cont3rt _ s wj E SaueJAssicn ; -° Email ?Rcute I- _-F-c- � t—ro- f_r &En- } SESrcf P.-Psilhs} €xarrt ��i9il; Clear & Accurate Summary CA0436 Inland wetlands Conservation PrgR6m ([W(P) (Central Valley) - Fr 2008 J 5emmarlr M TUp-c California Appdue: Rolling Af_enuj: Ot/'r 5olictatio7 Cic-te: Ro Ii-g off ce: '.�ildlife i i WCE` - central wallx_ u Jo nt Ve7-jre Rel�'ra7ce: 'CVj %1utipart Gran -: Match Required-. Yes ActLal -und -: UnEpecifi-M --a la }esa'oa 5dma.ty V 4 Jr IIC Ely E is r ro A Jcd b -e •:ali arnia Porno lggout A iW Summdry: The purpo = = =e of -iis - rcgram is -n incr?ase wnterfow pop -latinrs n the _-ertr =_I V3 Ile y of --3 ifo•iia throich the ;rctec-- on, re =- toratio7 enhnrc =meit. and ma ntenaIce cf Wr-tland haht =_t. AI corse-aatioi ?fforts shoild rake eccnorric, sna =_I, and enairon -Ien -a sense =_rd sLppo•tthe coals o=-7; Central 'dal ey ]Dint V2 -tLre (CVJV, o4hich irc ude: • Protect 80,DC0 acres cf exlsirq wr- lands throe =h acquisHcns cf fee the or , ;rpetua ccnser�atio- eas:merts • Secure a- in -rem _ntal, firm 102/ 0 acre -foo= a - ality %v - -tr- r supply for use by Nttion_I Wi dl f Re-L9QS iN'hRs), 5t_tc Wilcli-c Area I'JoAs nd the C-ras =la7_ Resourc_ Conserva =cn ai_trict f;'_CDI • Secure a-tr_I Va ley ProjeI pDvier far NWRs, 6VAs, and Dt-er pub is and priv =t�_:: res�rirted -D 'rreJCnd r- ana_tm2rt . ]ncr�_mmase 'rreJc-nds by 120,OaC acres flat Cre proteled n pe'DEEWL Y • Enh =nc= wet and -abi_a= -n 29 1. 000 =aa--- of o,blic and pri date Itnds • Imp-Dw waterfmvI h -bitat o- 443,--00 a -res of aqr ciltural and= Projerts lust =_ddress a= eas= cne o"t- ese C _12 goals, Either:rti grantee crthe Iandovrnerr}us: - rannce an- m ntai- t e kwetlan - s it per'p et. V':r eas=me-ts a7_ at least 25 yea- tor reatcration projects. Acgaistion Dr:._ecta maw rcude f=e simsle aDgaisitonE. leases from landz -xnersfo - a spec -led PenDc. or a =qu sl =on o- Dtrpetua . le =s fl =n fee sI" ipl2 Inte`eAs (e33err ents). z.es70`a =an o` erhan= er -ent p`oji- ci m3'r IidLde • Cevz lop —Ien= Df we-_ and 7abi- a =-:.r micrating and win_eIr9 %Vatefto I * CreatlDr or i—Ipro _mert of %vaterfo%vl breecing I-abit= -t • Cev-11orien= of'rra_2rc' rl friendlw = griculbu a practices + Assittancc w th the -read 7n of -onjLnct're LSe ;rcjects throich w1-ich mLItiIle 01 _ -ct ve == are a:h ?'re - Improving Grants Performance! Assign to Projects Research - zj earcn for urants My Soard -� Agony - My Sawed Grants - My Grant Reviews - My RQcon# UindatQz - New Grants/Updates - search NFA library - RPFPrr.7I NPi -wnFl{ NFWI + Grants News t0raanization Fun dins - User Guide - System Tralning - FAQ s - Contact Us Push information to other Departments or Non - Profits W Save {Assign 1,-.7 Email/Route Home > Search for Grants > Searoh Results > Grant Details US4735 Source Reduction Assistance Grant Program - FY 2010 This grunt is included in your Eligibility f Application Eligibility Notes: Elioible applicants for this prooram are; list. Units of stato, local, and tribal goyornment, including U.S. torritorics Independent school districts Private or public colleges and universities • Nonprotlt organizations Community -based grassroots organizations Hallo ]ossico Sc � hmar V.r license is pro widE CA fonue deuFO IolIV ® KI W Quick & Easy to read content Ineligible applicants Include Individuals, tor- protlt businesses, and nonprotlts that engage in Iobbying activities. Application (votes: Applications for all regions must be received by February 4, 2010, Eligible Applicants: Academic Institutions Local Government Native American Tribe Nan Profits School Districts State Government A'\ n GN Proposals must be submitted to the appropriate EPA regional office by overnight mail, delivery service, or courier (highly rccommendod) or by email. Hard copy applicants must include two copies of the proposal. All proposals must include the following components; Cover page + Proposal narrative SF '12� • Letters of support a Key contact information ;irr titirPC mii <t hP nn mnrP than tPn 4-, innIP- 4--n,:�rPH nPnPcz ❑II PIPrrtrnnir Hnrrimcm ntc, 4--hniilri hP rP':�ri P� ' Improving Grants Performance ITEM NO. 3.2 AGENDA REPORT Meeting Date: October 19, 2010 Subject: Final Report on 2010 Legislative Bills ATTACHMENTS: Name: Dosciiption: a ype: MKB Report on Legislative Bills.pdf MKB Legislative Report Backup Material MCCOBMICB, KIDMAN & BEHRENS, LLP RECEIVED LAWYERS 650 TOWN CENTER DRIVE OCT • v R 2010 H. L. (MIKE) MCC OR MICK•• SUITE 100 ARTHUR G. KIDMAN• RUSSELL G. BEHRENS• COSTA MESA. CALIFORNIA 92828 YORBALINDAWATER DISTRICT SUZANNE M. TAGUE't TELEPHONES (714) 755-3100 DAVID D. BOYER• 18001 755-3125 DANIEL J. PAYNE' JOAN J. SENNETT FAX (714) 755-3110 EDDY R. BELTRAN www.mkbiawyers.com JOHN P. GLOWACKI LAURIE E. PARK PATRICIA J. OUILIZAPA JONATHAN D. SALMON COLIN A. WOOD •A PROFESSIONAL CORPORATION October 8, 2010 1CERTIFIED SPECIALIST - PROBATE ESTATE PLANNING & TRUST LAW THE STATE BAR OF CALIFORNIA BOARD OF LEGAL SPECIALIZATION "OF COUNSEL MEMORANDUM TO WATER AGENCY CLIENTS FROM McCormick, Kidman & Behrens, LLP RE Final Report on 2010 Legislative Bills Enclosed please find the Final Legislative Report for the 2010 legislative session of the California Legislature. This final report discusses several bills not included in our previous report. Many of these addressed issues raised by the City of Bell compensation scandal. As the scandal intensified during the final month of the legislative session, lawmakers scrambled to "gut and amend" existing bills in hopes of enacting last-minute reforms. Members of the Legislature introduced several bills focusing on aspects of public pensions and public employment contracts. Although the Governor vetoed each of these bills, we have summarized them in Section G of the 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 By: ARTHMR G. KIDMAN FINAL 2010 LEGISLATIVE REPORT TABLE OF CONTENTS A. DROUGHT, WATER CONSERVATION AND WATER RATIONING B. WATER RESOURCES MANAGEMENT/WATER 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 October 8, 2010 FINAL LEGISLATIVE REPORT FOR 2010 A. DROUGHT, WATER CONSERVATION AND WATER RATIONING A.1 AB 1793 (Saldana) Common interest developments: artificial turf. Although enrolled by the Legislature, this bill was vetoed by the Governor. 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 have provided 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. The bill would have allowed associations to apply landscaping rules and regulations within a development's governing documents that establish design and quality standards, to the extent those rules and regulations do not have the effect of prohibiting synthetic surfaces that resemble grass. The Governor vetoed this bill because, in his view, common interest development self-govern and have the authority to enforce special rules. Therefore, the Governor opined that rules regarding the use of artificial turf can be made by each homeowners' association and amended into their governing documents. ACWA Position: Favor Status: Vetoed A.2 AB 1975 (Fong) Water charges and meters: multiunit residential structures. ACWA Position: Favor if amended Status: Dead A.3 AB 2409 (Nestande and Hill) Urban Water Suppliers: water shortage contingency analysis. The Urban Water Management Planning Act requires urban water suppliers to include an urban water shortage contingency analysis within their urban water management plans. The Act requires each urban water supplier to update its urban water management plan at least once every 5 years on or before December 31, in years ending in 5 and zero. The Act requires an urban water management plan to include, among other things, an urban water shortage contingency analysis which must include various elements relating to water supply availability during water shortages and interruptions. 2 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 Commencing with the urban water management plan update due on December 31, 2015, for purposes of developing the water shortage contingency analysis, this bill requires urban water suppliers to analyze and define "water features" that are artificially supplied with water (including ponds, lakes, waterfalls, and fountains) separately from swimming pools and spas. The sponsor states the bill is intended to ensure that "decorative" water features are distinguished from swimming pools and spas when determining water features' relative priority in an emergency water shortage situation. ACWA Position: Watch Status: Ch. 42. B. WATER RESOURCES MANAGEMENT/WATER PROJECTS B.1 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 modified version of AB 804, which was vetoed last year. Like AB 804, AB 1929 immunizes local water suppliers from liability under the dreissenid mussel law if the suppliers have initiated a response plan and are in compliance with that plan. 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. AB 1929 clarified that immunity is only appropriate if the water supplier maintains ongoing compliance with its mussel control plan. This modification to AB 804 addresses the Governor's primary stated concern with that vetoed bill: that it would have relieved water operators from having to continue to act responsibly after their initial adoption of 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: Sponsor/Support Status: Ch. 152. B.2 AB 2304 (Huffman) Groundwater management plans: components. Although enrolled by the Legislature, this bill was vetoed by the Governor. Under existing law, local agencies that provide water service may adopt and implement a groundwater management plan. Local agencies electing to develop a groundwater management plan must hold a hearing before adopting a resolution of intention to draft a plan and a second hearing to determine whether to adopt the plan. This bill would have required the local agency to provide, upon written request, a copy of the proposed groundwater management plan to an interested person and to give those persons at least 30 days notice of the time, date, and place of the second hearing to determine whether to adopt the plan. The bill would also have required the 3 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 Department of Water Resources (DVWR) to post on its website the information DWR possesses regarding the local agencies that have jurisdiction to develop groundwater management plans. The bill, commencing January 1, 2012, would have required a map identifying the recharge areas, as defined, for the groundwater basin to be included in a groundwater management plan for purposes of the state funding requirements. The Governor vetoed this bill because, in his view, it could impact future negotiations between landowners and water districts. According to the Governor, once mapped, certain areas would be rezoned to restrict their use to being a groundwater recharge area. According to the Governor, "[a]n area that serves as a recharge basin today probably isn't the only place that can be used to recharge a groundwater basin. And areas that are currently used for this purpose might be better put to some other use in the future. Unfortunately, this bill would eliminate this type of flexibility and negotiation between a landowner and a water district." ACWA Position: Watch Status: Vetoed B.3 AB 1774 (Saldana) Recycled water: state agency landscape irrigation. ACWA Position: Favor and amend Status: Dead. B.4 SB 1173 (Wolk) Recycled water. Although enrolled by the Legislature, this bill was vetoed by the Governor. 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 SWRCB, and if certain conditions are met. Where those conditions are met and recycled water is available, existing law prohibits a person or public agency from using any water that is suitable for potable domestic use for non-potable uses, including but not limited to the irrigation of residential landscaping, floor trap priming, cooling towers, and air-conditioning devices. This bill would have generally expanded the categories of water falling within the existing declarations and prohibitions. The bill would have declared that the use of "raw water" 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, the use meets specified regulatory criteria, and the source of recycled water is reliable for the use in question. Where those conditions are met and recycled water is available, this bill would have prohibited a person or public agency from using "raw water" or "potable domestic water" for non-potable municipal or industrial uses, including but not limited to the irrigation of residential landscaping, floor trap priming, cooling towers, and air-conditioning devices. 4 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 In his veto message the Governor stated his support for the use of recycled water. However, he noted that this year he signed SB 918 (Pavley), which provides funding for the Department of Public Health to finish the recycled water regulations. The Governor opined that California businesses and local governments would not be able to comply with the provisions of this bill until the regulations are finished. ACWA Position: Watch Status: Vetoed B.5 SB 1478 (Committee on Natural Resources & Water) Urban water management. Existing law requires an urban water supplier to prepare and adopt, and update every 5 years, an urban water management plan. Existing law grants a specified extension to July 1, 2011 to an urban retail water supplier for the adoption of an urban water management plan that is due in 2010. Existing law requires an urban retail water supplier that adopts an urban water management plan in 2010 that does not include specified technical methodologies to amend the plan by July 1, 2011, as specified. This bill grants an extension to July 1, 2011 to an urban wholesale water supplier to adopt an urban water management plan that is due in 2010 to permit coordination between an urban wholesale water supplier and urban retail water suppliers. ACWA Position: Watch Status: Ch. 295. 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 specifies that the requirement to remove the information from public display on the Internet includes information provided to cellular telephone applications. ACWA Position: Watch Status: Ch. 194 5 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 F. BROWN ACUPUBLIC RECORDS G. LABOR, EMPLOYMENT AND BENEFITS G.1 AB 194 (Torrico) Retirement: local employees. Although enrolled by the Legislature, this bill was vetoed by the Governor. This bill would have provided that the portion of any public employee's salary in excess of 125% of the governor's salary could not be used to calculate a benefit under a public retirement system. This limit would have applied only to individuals who join a public retirement system on or after January 1, 2011. The bill would have authorized cost-of-living adjustments. Thus, only the first $217,483.75 of any public employee's salary could have been used to calculate retirement benefits, somewhat lower than an existing federal cap of $245,000.00. The Governor vetoed the bill on grounds that the bill is not "real pension reform" because it would only reduce the current cap on salary used to calculate pension benefits from $245,000.00 to $217,483.75. In his view, this would be a modest change that would not address the "real cost issues" that have driven up pensions. ACWA Position: Did Not Consider Status: Vetoed G.2 AB 827 (De La Torre) Local public employees. Although enrolled by the Legislature, this bill was vetoed by the Governor. This bill would have restricted the compensation provisions allowable in contracts between local agencies and certain employees. The bill pertained to local agency employees, whether contract or at-will, who report directly to the agency's legislative body and who are not subject to the collective bargaining provisions of the Meyers-Milias-Brown Act. The bill would have prohibited the contracts of such employees from providing for (1) automatic contract renewals, or (2) automatic compensation increases in excess of a cost-of-living adjustment (COLA). The bill would have required public agencies to review the performance of any such employee before increasing compensation in excess of a COLA. The Governor vetoed the bill because it does not go far enough. He noted the bill would not have applied to state employees and union members but only to unrepresented contract local government employees, and would therefore have resulted in unequal treatment of employees and insufficient reform. ACWA Position: Watch Status: Vetoed 6 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 G.3 AB 1987 (Ma) & SB 1425 (Simitian) Public retirement: final compensation Although enrolled by the Legislature, these bills were vetoed by the Governor. Introduced before the Bell scandal, these nearly identical bills would have prohibited certain "pension spiking" practices from being used to increase a retirement benefit. Generally, the bills would have authorized the board of any public retirement system to determine that a public agency has paid compensation to an employee "for the principal purpose of enhancing [the employee's] retirement benefits," and to exclude such payments for purposes of calculating the employee's retirement benefit. The bills also would have prohibited retirement benefits from being calculated upon (1) an employee's "cashing in" of accrued benefits just before retirement, or (2) any settlement pay received at retirement. Finally, the bills would have limited compensation increases during the final two years of employment to the average received by similar employees at the same agency. The Governor vetoed these bills because they would not prohibit the current practice of allowing "local pension boards to determine what is ultimately counted in an employee's pension calculation." In his view, employees would continue to be treated inconsistently even if this bill were to become law. ACWA Position: Watch Status: Vetoed H. PUBLIC WORKS/CONTRACTS H.1 SB 972 (Wolk) Indemnity: design professionals. For all contracts, and amendments to contracts, entered into on or after January 1, 2007, with a public agency for design professional services, existing law holds as unenforceable any language that purport to require the design professional to indemnify, including the cost to defend, the public agency for claims against the public agency, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. This bill provides, for contracts and amendments to contracts entered into on or after January 1, 2011, with a public agency for design professional services, that all provisions, clauses, covenants, and agreements contained in, collateral to, or affecting these contracts or amendments to contracts that purport to require the design professional to defend the public agency under an indemnity agreement, including the duty and the cost to defend, are unenforceable, except for claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. This bill also provides that all contracts and all solicitation documents between a public agency and a design professional are deemed to incorporate these provisions by reference. ACWA Position: Watch Status: Ch. 510. 7 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 I. WATER SUPPLY AND LAND DEVELOPMENT J. WATER QUALITY/POLLUTION J.1 AB 153 (Hernandez) Groundwater contamination. Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if approved by the voters, would authorize the issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. The bond act, among other things, would make $1,000,000,000 available for groundwater contamination projects. Of that amount, the bond act would require not less than $100,000,000 to be available for projects that meet prescribed requirements and criteria, including addressing contamination at a site on a specified list maintained by the Department of Toxic Substances Control or a site listed on the National Priorities List. This bill instead requires that not less than $100,000,000 must be available for costs associated with projects, programs, or activities if the costs 1) are part of a basinwide management and remediation plan for which federal funds have been allocated and 2) address contamination at a site on the list maintained by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code or a site listed on the National Priorities List pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Sec. 9601 et seq.). ACWA Position: No position Status: Ch. 226 J.2 SB 565 (Pavley) Water Resources. ACWA Position: Oppose Status: Dead. J.3 SB 1107 (Kehoe) Water quality: interceptor and trap grease. ACWA Position: Favor Status: Dead. J.4 SB 1284 (Ducheny) Water quality: mandatory minimum civil penalties. This bill is sponsored by the Association of California Water Agencies. Existing law gives the 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. With certain exceptions, Porter-Cologne imposes a mandatory minimum penalty of $3,000 for each "serious waste discharge violation," as well as for certain recurring minor violations. "Serious waste discharge violations" include failure to timely file a discharge 8 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 monitoring report. The SWRCB or a regional board may administratively impose civil liability, or those boards may request the Attorney General to petition the superior court to impose the liability. Under existing law, a new $3,000 minimum fine must be assessed for each 30-day period in which a required discharge monitoring report is not filed. This bill provides that failing to file a timely discharge monitoring report is not a "serious waste discharge violation" if the discharger submits a specified statement to the SWRCB or regional board attesting that no waste discharge occurred. Effective through 2013, the bill also amends the minimum fine provision to require the mandatory minimum penalty of $3,000 to be assessed only for each required report that is not timely filed, and not for each 30-day period following the deadline for submitting the report, if both the following are true: 1. The discharger did not previously receive notice of an enforcement action imposing a mandatory minimum penalty for a failure to file a discharge monitoring report in connection with the same waste discharge requirements. 2. The discharges during the period or periods covered by the report do not violate effluent limitations contained in waste discharge requirements that include numeric waste discharge requirements. Porter-Cologne currently prescribes an exception to the mandatory minimum fine for violations of an effluent limitation, where the discharge complies with a "time schedule order" and other requirements are met. Under existing law, time schedule orders generally may not exceed five years in length. This bill authorizes a regional board to extend a time schedule order for an additional five years, after a public hearing and upon a showing that the discharger is making diligent progress toward bringing the waste discharge into compliance with the effluent limitation. ACWA Position: Sponsor/Support Status: Ch. 645. K. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES K.1 AB 2565 (Ammiano) Environment: CEQA: lead agency: documents. The California Environmental Quality Act (CEQA) authorizes a lead agency to charge and collect a reasonable fee from a person proposing a project that is subject to CEQA to recover the estimated costs incurred by the lead agency in conducting the environmental review. This bill authorizes a public agency to charge and collect a reasonable fee from members of the public for a copy of an environmental document, as defined, that does not exceed the cost of reproducing the environmental document. This bill also authorizes the public agency to provide the environmental document in an electronic format. ACWA Position: Favor Status: Ch. 210. 9 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 L. SPECIFIC AGENCIES AND/OR PROJECTS M. LAFCO N. PROPERTY TAX ALLOCATION: REVENUE AND COLLECTION PROCEDURES 10 McCormick, Kidman & Behrens, LLP Legislative Report October 8, 2010 INDEX AB 153 (Hernandez) ........................................................................................................................8 AB 194 (Torrico ..............................................................................................................................6 AB 827 (De La Torre) 6 AB 1774 (Saldana) ..........................................................................................................................4 AB 1793 (Saldana) ..........................................................................................................................2 AB 1813 (Lieu) ................................................................................................................................5 AB 1929 (Hall) 3 AB 1975 (Fong) ...............................................................................................................................2 AB 1987 (Ma) ..................................................................................................................................7 AB 2304 (Huffman) .........................................................................................................................3 AB 2409 (Nestande and Hill) ..........................................................................................................2 AB 2565 (Ammiano) 9 SB 565 (Pavley) ...............................................................................................................................8 SB 972 (Wolk) .................................................................................................................................7 SB 1107 (Kehoe) 8 SB 1173 (Wolk) ...............................................................................................................................4 SB 1284 (Ducheny) 8 SB 1425 (Simitian) 7 SB 1478 (Committee on Natural Resources & Water) 5 11 ITEM NO. 3.3 AGENDA REPORT Meeting Date: October 19, 2010 Subject: General Counsel's Monthly Summary Billing Report ATTACHMENTS: Name: Dosciiption: a ype: McCormick Summary Billing Chart.xlsx McCormick Kidman Summary Rpt Sept 2010 Backup Material YORBA LINDA WATER DISTRICT MONTHLY SUMMARY BILLING CHART BILLING MONTH: September 2010 CURRENT FISCAL YEAR 2010 -2011 Matter Matter Date Task Order Current Billing Total Billed to Date Total Billed 2009 -2010 Name Number Opened Amount September 27, 2010 Current Fiscal Year Prior Fiscal Year CONSTRUCTION CONTRACTS 002 7/31/2007 N/A $237.81 $2,365.31 $34.810.81 OCWD ANNEXATION 040 1/13/1994 N/A $0.00 $547.50 $7,177.31 FREEWAY COMPLEX FIRE LITIGATION 068 1 8/25/2003 $512.50 $12,437.71 $83,767.98 S &S DEVELOPMENT AGREEMENTS 071 10/4/2002 $2,300.00 $2,300.00 NON - CONSTRUCTION AGREEMENTS 084 4/5/2005 $11,000.00 $120.00 $1,290.00 $22,735.40 WATER RATES/WATER CONSERVATION 087 7/31/2006 $10,000.00 $10,887.00 $12,334.50 $15,159.35 2010 DEVELOPMENT PROPOSALS 094 1/19/2010 $0.00 $0.00 $6,500.00 CIELO VISTA 095 2/3/2010 $0.00 $0.00 $2,787.12 CITY SEWER SYSTEM 100 7/28/2010 $100,000.00 $0.00 $12,249.50 $0.00 SUBTOTAL $14,057.31 $43,524.52 $172,937.97 Other Allocated Expenses Not Pertaining to Current Year Open Projects 2010 -2011 $0.00 $0.00 $15,655.18 TOTAL $14,057.31 $43,524.52 $188,593.15 McCormick, Kidman & Behrens Summary of Monthly and FYTD Charges Month of Sep -2010 Expensed $13,399.50 Job charges 2,657.81 Total Month $16,057.31 YTD through Sep -2010 Expensed $46,306.71 Job charges 3,217.81 Total FYTD $49,524.52