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Home My WebLink About2011-11-16 - Executive-Administrative-Organizational Committee Meeting Agenda Packet Yorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING Wednesday, November 16, 2011, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 COMMITTEE STAFF Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager Director Phil Hawkins Damon Micalizzi, Public Information Officer 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. 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. 2.1. Legislative Affairs Update (Verbal Report) 2.2. Final Report on 2011 Legislative Bills 2.3. General Counsel's Monthly Summary Report 2.4. Quarterly Director and General Manager Fees and Expenses (July - September 2011) 2.5. Status of Strategic Plan Initiatives 2.6. Future Agenda Items and Staff Tasks 3. ADJOURNMENT 3.1. The next meeting of the Executive-Administrative-Organizational Committee will be held December 20, 2011 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. 2.2 AGENDA REPORT Meeting Date: November 16, 2011 Subject: Final Report on 2011 Legislative Bills ATTACHMENTS: Name: cv, i~a$icri: a ype: Final Report on 2011 Legislative Bills.pdf Report Backup Material KIDMAN BEHRENS TAGUE LLP LAWYERS 650 Town Center Drive Suite 100 Costa Mesa CA 92626 714.755.3100 800.755.3125 714.755.3110 fax kbtlawyers.com October 21, 2011 MEMORANDUM Arthur G. Kidirl Russell G. Behrens" Suzanne M. Tague't TO WATER AGENCY CLIENTS David D. Boyer` Daniel J. Payne" FROM Kidman, Behrens & Tague LLP Joan J. Bennett RE Final Report on 2011 Legislative Bills Eddy R. Beltran Laurie Ellen Park Jonathan D. Salmon Enclosed please find the Final Legislative Report for the 2011 legislative session of the California Legislature. The report organizes bills according to general subject matter and includes a table of contents and an index by bill number. With respect to *A Professional the bills we have reported on in our prior reports, the report shows (1) the chapter corporation number of each bill that was enacted, (2) the bills which were vetoed and the reason tcertlfled Specialist- for the veto, and (3) bills that died in the Legislature. If the Legislature revives or Probate Estate Planning reintroduces any dead bills, we will include them in our first 2012 report. & Trust Law The State Bar of calrfornia As always, we have access to bill text and other information and are available to Board of Legal speclallzatlon provide details or analysis, or answer any questions you may have on this or other legislation.. KIDMAN, BEHRENS & TAGUE, LLP y "ARTHUR G. IDMAN AGKJERB K IB IT LAWYERS FINAL LEGISLATIVE REPORT FOR 2011 TABLE OF CONTENTS A. "CITY OF BELL" BILLS B. PUBLIC EMPLOYEE PENSION REFORM C. LAFCO - SPECIAL DISTRICT CONSOLIDATION D. SPECIAL DISTRICT REVENUES, RESERVES, AND FUNDING E. DROUGHT, WATER CONSERVATION AND WATER RATIONING F. INFRASTRUCTURE FINANCING G. WATER RESOURCES MANAGEMENT/WATER PROJECTS H. BROWN ACT/PUBLIC RECORDS/ETHICS 1. LABOR, EMPLOYMENT AND BENEFITS J. PUBLIC WORKS/CONTRACTS K. WATER QUALITY/POLLUTION L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES M. SPECIFIC AGENCIES AND/OR PROJECTS Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 THIRD LEGISLATIVE REPORT FOR 2011 A. "CITY OF BELL" BILLS A.1 AB 23 (Smyth) Local agency meetings: simultaneous meetings: prohibition. According to this bill, if a legislative body of one entity constitutes a quorum of any other legislative body, then simultaneous or serial meetings of those bodies cannot occur unless only a clerk or member of the convened legislative body verbally announces the amount of compensation or stipend, if any, that each member will be entitled to receive as a result of convening the simultaneous or serial meeting of the subsequent legislative body and that the compensation or stipend is provided as a result of convening a meeting for which each member is entitled to collect compensation or a stipend. ACWA Position: Watch Status: Ch. 692. A.2 AB 162 (Smyth) Local government: financial reports. ACWA Position:- Watch Status: Dead. A.3 AB 182 (Davis) Political Reform Act of 1974: statements of economic interests. This bill is no longer a "City of Bell Bill" and now appears in Section H - BROWN ACT/PUBLIC RECORDS/ETHICS. A.4 AB 229 (Lars) The Controller: Audits. ACWA Position: Watch Status: Dead, A5. AB 527 (R. Hernandez) Public Officials: financial interests. ACWA Position: Watch Status: Dead. A.6 AB 582 (Pan) Open meetings: local agencies. ACWA Position: Oppose Unless Amended Status: Dead. A.7 AB 785 (Mendoza) Political Reform Act of 1974: public officers: contracts: financial interest. ACWA Position: Watch Status: Dead. A.8 AB 1287 (Buchanan) Local Government: Audits. ACWA Position: Watch Status: Dead. 2 Kidrnan, Behrens & Tague, LLP Legislative Report October 21, 2011 A.9 AB 1344 (Feur) Local Governance This bill is no longer a "City of Bell Bill" and now appears in Section I - LABOR, EMPLOYMENT AND BENEFITS. A.10 SB 46 (Correa) Local government: compensation disclosure. ACWA Position: Not Favor Unless Amended Status: Dead. B. PUBLIC EMPLOYEE PENSION REFORM Bl. AB 340 (Furutani) Public Employees' retirement ACWA Position:. Not Favor Unless Amended Status: Dead. 13.2 AB 344 (Furutani) Public Employees' retirement. ACWA Position: Watch Status: Dead. B.3 AB 738 (Hagman) Public employees' retirement: elected officials. ACWA Position:- Watch Status: Dead. B.4 AB 1028 (Committee on Public Employees, State employees retirement. Retirement and Social Security) 1) The Public Employees' Retirement Law (PERL) generally prohibits any person who has been retired under the Public Employees' Retirement System (PERS) from being employed in any capacity unless he or she is first reinstated from retirement, except as authorized. PERL authorizes a retired person to serve without reinstatement from retirement or loss or interruption of benefits provided by PERS, upon appointment by the governing body of a contracting agency to a position deemed by the governing body to be of a limited duration and requiring specialized skills or during an emergency to prevent stoppage of public business. These appointments are prohibited from exceeding a total for all employers of 960 hours in any fiscal year. This bill requires that the appointment of a person to a position for limited duration by a governing body instead be an interim appointment to a vacant position during recruitment for a permanent appointment and must be deemed by the governing body to require specialized skills or during an emergency to prevent stoppage of public business. This bill prohibits the compensation for the interim appointment from exceeding the maximum published pay schedule for the vacant position and prohibits a governing body from appointing a retired person under this provision more than once. 2) PERL similarly authorizes a retired person to serve without reinstatement from retirement or loss or interruption of benefits provided by PERS upon appointment by a public agency employer either during an emergency to prevent stoppage of public business or because the retired employee has skills needed in performing work of limited duration. 3 Kidman, Behrens & Vague, LLP Legislative Report October 21, 2011 This bill clarifies that those appointments would be temporary or interim and that the skills must be specialized. 3) PERL also authorizes a person retired for disability who has not attained the mandatory age for retirement applicable to persons in the employment in which he or she will be employed, and whom the board-finds not disabled for that employment, to be employed by any employer without reinstatement from retirement in a position other than that from which he or she retired or a position in the same member classification, This bill prohibits a person employed under that provision from being concurrently employed under other specified provisions that allow for employment after retirement. ACWA Position: Watch Status: Ch. 440. 13.5 AB 1184 (Gatto) Public Employees' retirement benefits. ACWA Position: Oppose Status: Dead. B.6 AB 1320 (Allen) Public employees' retirement: employer Contribution rates. ACWA Position:- Watch Status: Dead. B.7 SB 27 (Simitian) Public retirement: final compensation: computation: retirees. ACWA Position: Watch Status: Dead. B.8 SB 322 (Negrete Mcloud) Public Employees' Retirement Law. This bill prohibits a member who receives benefits based on credited service with multiple employers from exceeding the limitations set forth in those provisions with regard to his or her annual retirement benefits. ACWA Position: Watch Status: Ch. 47. B.9 SB 520 (Walters) Public employees' retirement: hybrid plan. ACWA Position:` Watch Status: Dead. B.10 SB 521 (Walters) Public employees' benefits: postemployment health care. ACWA Position: Watch Status: Dead. 4 Kidman, Behrens a& Tague, LLP Legislative Report October 21, 2011 B.11 SB 522 (Walters) Public employees' retirement: additional service credit. ACWA Position: Watch Status: Dead. B.12 SB 523 (Walters) Public employees' retirement: elected local officials. ACWA Position: No Position Status: Dead. B.13 SB 524 (Walters) Public employees' retirement: retroactive benefits. ACWA Position: Watch Status: Dead. B.14 SB 525 (Walters) Public employees retirement: eligibility. ACWA Position: Watch Status: Dead. B.15 SB 526 ()Valters) Public employees' retirement: final compensation. ACWA Position: Watch Status: Dead. B.16 SB 527 (Walters) Public employee organizations: negotiations: pension benefits. ACWA Position: Watch Status: Dead. C. LAFCO - SPECIAL DISTRICT CONSOLIDATION CA AB 912 (Gordon) Local Government: organization This bill authorizes a local agency formation commission, where the commission is considering a change of organization that consists of the dissolution of a district that is consistent with a prior action of the commission, to 1) immediately order the dissolution if the dissolution was initiated by the district's board, or 2) hold at least one noticed public hearing on the proposal, and order the dissolution without an election, unless a majority protest exists, if the dissolution was initiated by an affected local agency, by the commission, or by petition. ACWA Position: Watch Status: Ch. 109 D. SPECIAL DISTRICT REVENUES AND RESERVES D.1 SB 449 (Pavley) Controller: local agency financial review. ACWA Position: Watch Status: Dead. 5 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 E. DROUGHT WATER CONSERVATION AND WATER RATIONING E.1 AB 19 (Fong) Building standards: water meters: multiunit structures. ACWA Position: Watch Status: Dead E.2 AB 275 (Solorio) Rainwater Capture Act of 2011. Although enrolled by the Legislature, this bill was vetoed by the Governor. This hill would have enacted the Rainwater Capture Act of 2011, which would have authorized residential, commercial, and governmental landowners to install, maintain, and operate rain barrel systems and rainwater capture systems according to certain specifications. This bill would also have required a local agency to provide notification to the operator of a public water system if the local agency chose to adopt a permitting program for rainwater capture systems and approved a permit for a rainwater capture system connected to the public water system. This bill would have additionally authorized a landscape contractor working within the classification of his or her license to enter into a prime contract for the construction of a rainwater capture system, as defined, if the system is used exclusively for landscape irrigation and to design and install all exterior components of a rainwater capture system that are not a part of, or attached to, a structure. The Governor vetoed this bill because, according to him, "[t]his measure seeks to adopt an interim standard for rainwater capture outside the established Building Standards Commission process. Without some urgency or a more compelling reason, 1 think it is better to stick with the process and follow existing California law." ACWA Positron: Watch Status: Vetoed. E.3 AB 849 (Gatto) Water: use efficiency: graywater building standards. This bill repeals the authority of a city, county, or other local agency to adopt building standards that prohibit entirely the use of graywater and instead authorize the adoption, under specified requirements, of standards that are more restrictive than that adopted pursuant to state requirements. This bill also requires a city, county, or other local agency to seek consultation with the local public health department prior to commencing the issuance of permits for indoor graywater systems, as specified. ACWA Position: Watch Status: Ch. 577. E.4 SB 744 (Wyland) Water submeters: testing. ACWA Position: Watch Status: Dead. 6 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 F. INFRASTRUCTURE FINANCING F.1 AB 157 (Jeffries) Safe, Clean, and Reliable Drinking Water Supply Act of 2012. ACWA Position: Oppose Status; Dead. F.2 AB 467 (Eng) Environment: Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. ACWA Position: Favor Status: Dead. F.3 AB 576 (Dickinson) Delta Stewardship Council: Delta Plan: financing. ACWA Position: Oppose Status: Dead. F.4 AB 685 (Eng) State Water Policy. ACWA Position: Oppose Status: Dead. F.5 AB 963 (Valadao) Safe drinking water: contaminated groundwater. ACWA Position: Watch Status: Dead. F.6 SB 200 (Wolk) Sacramento-San Joaquin Delta: Bay Delta Conservation Plan. ACWA Position: Oppose Status: Dead. F.7 SB 475 (Wright) Infrastructure financing. ACWA Position: Watch Status: Dead. G. WATER RESOURCES MANAGEMENT/WATER PROJECTS GA AB 134 (Dickinson) Appropriation of water: Sacramento Regional County Sanitation District. This bill authorizes the Sacramento Regional County Sanitation District (SRCSD) to file an application with the State Water Resources Control Board (SWRCB) for a permit to appropriate a specified amount of water that is based on the volume of treated wastewater that it discharges into the Sacramento River as specified. The SWRCB may then grant a permit to appropriate that treated wastewater upon terms and conditions determined by it but only by first complying with permit, approval, and review requirements and other laws applicable to the appropriation of water. ACWA Position: Watch Status: Ch. 212. 7 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 G.2 AB 359 (Huffman) Groundwater management plans. This bill requires a local agency that intends to adopt and implement a groundwater management plan to first provide a copy of a resolution of intention to the Department of Water Resources within 30 days of the date of adoption. This bill also authorizes any person to request to be placed on a list established by the local agency for purposes of receiving notices regarding plan preparation, meeting announcements, and availability of draft plans, maps, and other relevant documents. This bill then requires the local agency to provide each of those interested persons and the Department of Water Resources with a specified notice prior to the 2nd hearing to determine whether to adopt the plan. Commencing January 1, 2013, this bill requires 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. This bill also requires the local agency to provide the map of the recharge areas to local planning agencies and to notify the Department of Water Resources and other interested persons when a map is submitted to those local planning agencies. ACWA Position: Favor Status: Ch. 572. G.3 AB 550 (Huber) Sacramento-San Joaquin Delta: Peripheral Canal. ACWA Position: Oppose Status: Dead. GA AB 627 (B. Berryhill) State Water Resources Development System: Delta Corridors Plan: feasibility ACWA Position: Not Favor Status: Dead. G.5 SB 224 (Pavley) Public contracts: Department of Water Resources. This bill authorizes the Department of Water Resources (DWR) to award contracts for the acquisition of specialized equipment for facilities of the State Water Resources Development System (System), and requires DWR, in collaboration with the Department of General Services, to establish the conditions under which a contract in excess of $25,000 is awarded without the competitive bidding process that is normally required. This bill expands the list of exempt contracts that do not require 3 competitive bids, by adding contracts for services for the operation, maintenance, repair, or replacement of specialized equipment at facilities of the System and other specified contracts entered into by the DWR. ACWA Position: Favor Status: Ch. 587. G.6 SB 607 (Walters) State Water Resources Control Board: water quality: brackish groundwater treatment. This bill requires the SWRCB, on or before January 1, 2013, to either amend the California Ocean Plan, or adopt separate standards, to address water quality objectives and effluent 8 Kidrnan, Behrens & Tague, LLP Legislative Report October 21, 2011 limitations that are specifically appropriate for brackish groundwater treatment system facilities that produce municipal water supplies for local use. ACWA Position: Watch Status: Ch. 241. G.7 SB 846 (Berryhill) The California Water Plan: water data ACWA Position: Favor Status: Dead. G.8 SB 834 (Wolk) Integrated regional water management plans: contents. Although enrolled by the Legislature, this bill was vetoed by the Governor because, according to him, it did not add anything to existing law. ACWA Position: Oppose Unless Amended Status: Vetoed. H. BROWN ACT/PUBLIC RECORDS/ETHICS HA AB 71 (Huber) Political Reform Act of 1974: lobbyists. ACWA Position: Watch Status: Dead H.2 AB 148 (Smyth) Local government: ethics training: disclosure. ACWA Position: Watch Status: Dead. H.3 AB 182 (Davis) Political. Reform Act of 1974: statements of economic interests. This bill extends a pilot program authorizing the electronic filing of statements of economic interests under the Political Reform Act. This bill allows the pilot program to continue until December 31, 2012. ACWA Position: Watch Status: Ch. 96 H.4 AB 392 (Alejo) Ralph M. Brown Act: posting agendas. ACWA Position., Oppose Status: Dead. H.5 AB 1241 (Norby) Political Reform Act of 1974: contributions. ACWA Position: Favor Status: Dead. H.6 SB 31 (Correa) Local government: lobbyist registration. ACWA Position: Oppose Status: Dead, 9 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 H.7 SB 415 (Wright) Political Reform Act of 1974: investigations. ACWA Position: Not Favor Status: Dead. H.8 SCA 7 (Yee) Public bodies: meetings. ACWA Position: Watch Status: Deaa! h LABOR, EMPLOYMENT AND BENEFITS 1.1 AB 22 (Mendoza) Employment: credit reports. This bill prohibits an employer or prospective employer, with the exception of certain financial institutions, from obtaining a consumer credit report for employment purposes unless the position of the person for whom the report is sought is (1) a position in the state Department of Justice, (2) a managerial position, as defined, (3) that of a sworn peace officer or other law enforcement position, (4) a position for which the information contained in the report is required by law to be disclosed or obtained, (5) a position that involves regular access to specified personal information for any purpose other than the routine solicitation and processing of credit card applications in a retail establishment, (6) a position in which the person is or would be a named signatory on the employer's bank or credit card account, or authorized to transfer money or enter into financial contracts on the employer's behalf, (7) a position that involves access to confidential or proprietary information, or (8) a position that involves regular access to S 10,000 or more of cash. This bill also requires the employer/prospective employer to provide a written notice informing the person of the specific reason for obtaining the report. ACWA Position: Not Favor Unless Amended Status: Ch, 724. 1.2 AB 195 (R. Hernandez) Local public employee organizations. This bill specifies that a public agency may not impose reprisals on or discriminating against employees because of their exercise of rights guaranteed by the Meyers-Millias-Brown-Act (which provides-for representation of local public employees by employee organizations). This bill would specify that knowingly providing a recognized employee organization with inaccurate information regarding the financial resources of the public employer constitutes a refusal or failure to meet and negotiate in good faith. This bill also declares that these provisions are intended to be technical and clarify existing law. ACWA Position: Watch Status: Ch. 271. 1.3 AB 400 (Ma) Employment: paid sick days. ACWA Position: Not Favor Status: Dead: 10 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 1.4 AB 646 (Atkins) Local public employee organizations: impasse procedures. Under the Meyers-Mills-Brown Act, if the representatives of a public agency and an employee organization fail to reach an agreement regarding a dispute about wages, hours and similar terms, they may mutually agree on the appointment of a mediator and equally share the cost. If the parties reach an impasse, the Act provides that a public agency may unilaterally implement its last, best, and final offer. This bill instead authorizes the employee organization, if the mediator is unable to effect settlement of the controversy within 30 days of his or her appointment, to request that the matter be submitted to a factfinding panel. This bill requires, if the dispute is not settled within 30 days, the factfinding panel to make findings of fact and recommend terms of settlement, for advisory purposes only. Finally, this bill prohibits a public agency from implementing its last, best, and final offer until at least 10 days after the factfinders' written findings of fact and recommended terms of settlement have been submitted to the parties and the agency has held a public hearing regarding the impasse. ACWA Position. Oppose Status: Ch. 680. 1.5 AB 1344 (Feur) Local Governance 1) This bill, on and after January 1, 2012, prohibits an employment contract for a local agency executive, as defined, from providing an automatic renewal of a contract that provides for an automatic compensation increase in excess of a cost-of-living adjustment or a maximum cash settlement in excess of certain limits, as specified. 2) This bill, on and after January 1, 2012, requires a contract executed or renewed between a local agency and an officer or employee of the local agency to include a provision that requires an officer or employee of a local agency who is convicted of a crime involving an abuse of his or her office or position, as defined, to fully reimburse the local agency for specified payments made by that local agency to the officer or employee. The officer or employee of the local agency must also fully reimburse any such payments that are made by the local agency in the absence of a contractual obligation between the agency and the officer or employee. 3) This bill requires notices of legislative body regular and special meetings to be posted on the respective local agency's website, if the local agency has one, as specified. In addition, this bill prohibits any legislative body from holding a special meeting regarding the salary, salary schedule, or other form of compensation for any local agency executive. ACWA Position: Watch Status: Ch. 692 1.6 AB 1399 (Committee on Labor and Employment records: right to inspect. Employment) ACWA Position: Not Favor Unless Amended Status: ,Dead. 11 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 1.7 SB 883 (Correa) Employers: good faith defense. ACWA Position: Watch Status: Dead. 1.8 SB 931 (Vargas) Payroll cards. This bill was a gut and amend and changed significantly from the version in our last report. The previous version involved payment by public agencies for the purpose of receiving counseling on employee organizations. This bill instead became a payroll bill and, although enrolled by the Legislature, it was vetoed by the Governor. ACWA Position: Oppose Status: Vetoed. J. PUBLIC WORKS/CONTRACTS J.1 AB 356 (Hill) Public works projects: local hiring policies. ACWA Position: Watch Status: Dead. J.2 AB 457 (Wagner) Public works contracts: relief for bidders ACWA Position Oppose Status: Dead. J.3 AB 987 (Grove) Public works: prevailing wages. ACWA Position: Favor Status: Dead. K. WATER QUALITY/POLLUTION K.1 AB 54 (Solorio) Drinking water. 1) This bill provides that in considering an application for funding a project from the Safe Drinking Water State Revolving Fund, the Department of Public Health shall not be prejudiced by the applicant initiating the project prior to DPH approving the application for funding. This bill also provides that preliminary project costs or construction costs that are otherwise eligible for funding shall not be ineligible because the costs were incurred by the applicant during certain time periods. 2) This bill authorizes a local agency formation commission to approve, with or without amendment, wholly, partially, or conditionally, or disapprove the annexation of territory served by a mutual water company that operates a public water system into the jurisdiction of a city, a public utility, or a special district, with the consent of the respective public agency or public utility and mutual water company. 3) This bill authorizes a local agency formation commission to include in its service review, a review of whether the agencies under review comply with safe drinking water standards. This 12 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 bill provides that a public water system may comply with that review by submitting certain documents. ACWA Position: Favor Status: Ch. 512. K.2 AB 246 (Wieckowski) Water Quality: Enforcement. ACWA Position: Not Favor Status: Dead. K.3 AB 403 (Campos) Public Drinking Water Standards: Hexavalent Chromium. ACWA Position: Watch Status: Dead. K.4 AB 741 (Huffman) Onsite Wastewater Disposal. This bill allow property owners to enter into voluntarily agreement with local wastewater agencies for installment loans (not to exceed 30 years at a rate not to exceed 12%) in order to construct sewer improvements to convert properties from onsite septic systems to a sewer system. ACWA Position: Favor Status: Ch. 106 K.5 AB 938 (V Manuel Perez) Public Water Systems This bill requires, commencing July 1, 2012, that Tier 1 written public notices (boil water, exceedance of MCLs, etc.) given by a public water system be in English, Spanish, and in the language spoken by prescribed numbers of residents of the community served, and that the notice contain prescribed public water system contact information. ACWA Position: Watch Status: Ch. 514. K.6 AB 964 (Huffman) Water rights: appropriation. This bill requires the State Water Resources Control Board (SWRCB) to set the total revenue collected each year through the fees at an amount equal to amounts appropriated from the Water Rights Fund by the Legislature for water rights program activities, as specified. This bill additionally applies the fee requirements to a registration of appropriation for small irrigation use. ACWA Position: Watch Status: Ch. 579. K.7 AB 1048 (Harkey) Water quality: recycled water and wastewater: fluoride. ACWA Position: Favor Status: Dead 13 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 K.8 SB 215 (Huff) Invasive aquatic species: mussels. This bill extends provisions relating to the quagga mussels problem to January 1, 2017. The provisions, which generally penalize persons for the possession, importing, shipping or transporting of quagga mussels were set to expire on January 1, 2012. ACWA Position: Support/Sponsor Status: Ch. 332. L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES L.1 AB 83 (Jeffries) Environment: CEQA exemption: recycled water pipeline. ACWA Position:- Favor Status: Dead L.2 AB 320 (Hill) Environmental quality: California Environmental Quality Act (CEQA): determination: dispute. The California Environmental Quality Act (CEQA) allows a public agency, upon approval of a project, to file a notice of determination/notice of exemption containing specified information with the Office of Planning Research or the county clerk of each county in which the project is located, as appropriate. CEQA provides a procedure by which a party may attack, review, set aside, void, or annul the determination, finding, or decision of a public agency on specified grounds and requires that a petitioner or plaintiff name, as a real party in interest, a recipient of an approval that is the subject of an action or proceeding challenging the determination, finding, or decision of a public agency pursuant to CEQA. This bill requires a notice of approval or notice of determination under CEQA to identify the person undertaking an activity that receives financial assistance from a public agency or the person receiving-a lease, permit, license, certificate, or other entitlement of use from a public agency. This bill then requires a petitioner or plaintiff to name, as a real party in interest, the person identified by the public agency in its notice of determination or notice of exemption, as reflected by the agency's record of proceedings. ACWA Position: Favor Status: Ch. 570. L.3 SB 241 (Cannella) Environment: California Environmental Quality Act (CEQA). ACWA Position: Watch Status: Dead. LA SB 683 (Correa) Environment: California Environmental Quality Act: noncompliance allegations ACWA Position:- Favor Status: Dead 14 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 M. SPECIFIC AGENCIES AND/OR PROJECTS M.1 AB 954 (Calderon) Water Replenishment Districts. ACWA Position: Not Favor Status: Dead. M.2 SB 34 (Simitian) California Water Resources Investment Act of 2011 ACWA Position: Oppose Status: Dead. M.3 SB 52 (Steinberg) Water quality: Sacramento Regional County Sanitation District. ACWA Position:, Oppose Status: Dead. MA SB 659 (Hernandez) San Gabriel Basin Water Quality Authority: board members. ACWA Position: Watch Status: Dead. M.5 SB 701 (Calderon) Central Basin Municipal Water District directors: report. ACWA Position: Not Favor Status: Dead. 15 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 INDEX AB 19 (Fong) ...................................................................................................................................6 AB 22 (Mendoza) .....................10 AB 23 (Smyth) ..........2 AB 54 (Solorio) .............................................................................................................................12 AB 71 (Huber)....-... ...9 AB 83 (Jeffries) .............................................................................................................................14 AB 134 (Dicksinson) 7 AB 148 (Smyth) ...............................................................................................................................9 AB 157 (Jeffries) .............................................................................................................................7 AB 162 (Smyth) ...............................................................................................................................9 AB 182 (Davis) ............................................................................................................................2, 2,9 AB 195 (R. Hernandez) .................................................................................................................10 AB 229 (Lara) ..................................................................................................................................2 AB 246 (Wieckowski) ...................................................................................................................13 AB 275 (Solorio) AB 320 (Hill) .................................................................................................................................14 AB 340 (Furutani) ...............3 AB 344 (Furutam) ...........................................................................................................................3 AB 356 (Hill) ....12 AB 359 (Huffman) ...........................................................................................................................8 AB 392 (Alejo) ...................................................................................................9 AB 400 (Ma) ..................................................................................................................................10 AB 403 (Campos)-, .......................................................................................................................13 AB 457 (Wagner) ..........................................................................................................................12 AB 467 (Eng) ...................................................................................................................................7 AB 527 (R.Hernandez) ....................................................................................................................2 AB 550 (Huber) 8 AB 576 (Dickinson) .........................................................................................................................7 AB 582 (Pan) ...................................................................................................................................2 AB 627 (B. Berryhill) ......................................................................................................................8 AB 646 (Atkins) ....10, 10,11 AB 685 (Eng) 7 AB 738 (Hagman) 3 AB 741 (Huffman) .........................................................................................................................13 AB 785 (Mendoza) ..........................................................................................................................2 AB 849 (Gatto) . ..............................................................................................................................6 AB 912 (Gordon) 5 AB 938 (V Manual Perez) .............................................................................................................13 AB 954 (Calderon) ........................................................................................................................15 AB 963 (Valadao) ............................................................................................................................7 AB 987 (Grove) AB 1028 (Committee on Public Employees, Retirement and Social Security) ..............................3 AB 1048 (Harkey) .........................................................................................................................13 AB 1184 (Gatto) ..............................................................................................................................4 AB 1241 (Norby) 9 16 Kidman, Behrens & Tague, LLP Legislative Report October 21, 2011 AB 1287 (Buchanan) 2 AB 1344 (Peur) .3,11 AB 1399 (Committee on Labor and Employment) .......................................................................11 SB 27 (Simitian) .............................................................................................................................4 SB 31 (Correa) 9 SB 34 (Simitian) ............................................................................................................................15 SB 46 (Correa) SB 52 (Steinberg) ..........................................................................................................................15 SB 200 (Wolk) SB 215 (Huff) ..14 SB 224 (Pavley) ...8 SB 241 (Cannella) .........................................................................................................................14 SB 322 (Negrete Mcloud) ................................................................................................................4 SB 415 (Wright) ............................................................................................................................10 SB 449 (Pavley) ...............................................................................................................................5 SB 475 (Wright) SB 520 (Walters) ....................4 SB 521 (Walters) .............................................................................................................................4 SB 522 (Walters) ..........5 SB 523 (Walters) 5 SB 524 (Walters) SB 525 (Walters) .............................................................................................................................5 SB 526 (Walters) .............................................................................................................................5 SB 527 (Walters) 5 SB 607 (Walters) .............................................................................................................................8 SB 659 (Hernandez) .15 SB 683 (Correa) .............................................................................................................................14 SB 701 (Calderon) .........................................................................................................................15 SB 744 (Wyland) 6 SB 834 (Wolk) SB 846 (Berryhill) . 9 SB 883 (Correa). .............................................................................................................................12 SB 931 (Vargas) ............................................................................................................................12 SCA 7 (Yee) ..................................................................................................................................10 17 ITEM NO. 2.3 AGENDA REPORT Meeting Date: November 16, 2011 To: Executive-Administrative- Organizational Committee Subject: General Counsel's Monthly Summary Report ATTACHMENTS: Blame: Description: Type: Kidman October Summary.pdf October 2011 Legal Summary Report Backup Material YORBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2011-2012 MONTHLY SUMMARY BILLING CHART Matter Matter Current Billing Total Billed to Date Total Billed 2010-2011 Number Name October 26, 2011 Current Fiscal Year Prior Fiscal Year 001 RETAINER AGREEMENT $2,607.54 $12,060.40 $25,561.72 002 CONSTRUCTION CONTRACTS $0.00 $1,125.00 084 NON-CONSTRUCTION AGREEMENTS $2,137.50 $13,940.54 $13,634.41 1. Hall & Foreman/Pressure Re Stations $200.00 2. Townsend $797.50 3. Vactor $860.00 4. Donut Desi ns/W ebsite Redesign $280.00 040 OCWD ANNEXATION $2,042.50 $2,642.50 068 FREEWAY COMPLEX FIRE LITIGATION $27,458.86 $85,073.76 $95,686.62 100 CITY SEWER SYSTEM $1,440.00 $12,304.45 $43,549.86 101 OCTA LAKEVIEW $0.00 $3,417.50 $22,857.53 102 EMPLOYEE DISCIPLINE $300.00 $2,702.50 $12,428.84 104 ELK MOUNTAIN $6,989,66 $6,989.66 TOTAL $42,976.06 $140,256.31 $218, 718.98 ITEM NO. 2.4 AGENDA REPORT Meeting Date: November 16, 2011 Subject: Quarterly Director and General Manager Fees and Expenses (July - September 2011) ATTACHMENTS: Narn9: Doscrip ion: u Travel Expenses 2011-12.xlsx Travel and Expenses Backup Material QtrlyReport _2011-12.xlsx Fees & Expenses - Qtr Backup Material DIRECTORS & GENERAL MANAGER RECAP OF TRAVEL/CONFERENCE EXPENSES JULY - SEPTEMBER 2011 GL TRIP TRIP TRIP DIRECTOR DATE DATE NAME LOCATION MEALS LODGING TRAVEL CONF. FEE MISC. TOTAL TRIP TOTAL Beverage $0 $0 $0 Collett $0 $0 $0 Hawkins 9/13/2011 9/29/2011 ISDOC Quarter Meeting Fountain Valley, CA $17 $17 $17 Kiley 7/6/2011 7/21/2011 MWDOC Water Policy Forum Costa Mesa, CA $75 $75 9/27/2011 9/29/2011 ISDOC Quarter Meeting Fountain Valley, CA $17 $17 $0 $92 Melton 7/6/2011 7/21/2011 MWDOC Water Policy Forum Costa Mesa, CA $75 $75 $0 $75 TOTAL DIRECTORS $0 $0 $0 $184 $0 $184 $184 GENERAL MANAGER: Vecchiarelli 8/26/2011 9/7-9/2011 CUEMF Leadership Summit San Diego, CA $250 $250 8/30/11 9/11/2011 OCWA Annual BBQ Irvine, CA $25 $25 9/28/11 9/7-9/2011 CUEMF Leadership Summit San Diego, CA $378 $378 TOTAL GENERAL MANAGER $25 $378 $0 $250 $0 $653 $653 TOTAL DIRECTORS & GENERAL MANAGER $25 $378 $0 $434 $0 $837 $837 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2011-2012 1ST QUARTER REPORT FROM 07-01-2011 TO 09-30-2011 BEVERAGE COLLETT HAWKINS KILEY MELTON SUB-TOTAL VECCHIARELLI TOTAL DIRECTORS: REGULAR MEETINGS ATTENDED 6 3 5 6 6 26 COMMITTEE MEETINGS ATTENDED 11 6 7 6 6 36 OFF SITE MEETINGS ATTENDED 2 3 6 14 11 36 SPECIAL MEETINGS ATTENDED 2 2 2 2 1 9 OTHER MEETINS ATTENDED 7 0 5 0 2 14 TOTAL MEETINGS ATTENDED QTD 28 14 25 28 26 121 121 DIRECTOR FEES QTD $4,200 $2,100 $3,750 $4,200 $3,900 $18,150 $18,150 DIRECTOR MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 DIRECTORS TRAVEL & CONF. EXPENSES QTD $0 $0 $17 $92 $75 $184 $184 DIRECTOR TRAVEL & CONF. BUDGET QTD $760 $760 $760 $760 $760 $3,800 $3,800 DIRECTOR FEES AND EXPENSES QTD $4,200 $2,100 $3,767 $4,292 $3,975 $18,334 $18,334 DIRECTOR FEES AND EXPENSES BUDGET QTD $5,260 $5,260 $5,260 $5,260 $5,260 $26,300 $26,300 GENERAL MANAGER EXPENSES QTD $653 $653 GENERAL MANAGER TRAVEL & CONF. BUDGET QTD $1,750 $1,750 TOTAL FEES & EXPENSES QTD $4,200 $2,100 $3,767 $4,292 $3,975 $18,334 $653 $18,987 TOTAL FEES & EXPENSES BUDGET QTD $5,260 $5,260 $5,260 $5,260 $5,260 $26,300 $1,750 $28,050 ITEM NO. 2.5 AGENDA REPORT Meeting Date: November 16, 2011 Subject: Status of Strategic Plan Initiatives ATTACHMENTS: Name: cv, i~a$icri: a ype: Strategic Plan Tracking- EAO(1).xlsx EAO Strategic Plan Initiatives Backup Material Strategic Plan Initiatives Status Report Executive-Administrative-Organizational Committee Strategies Start Date Completion Lead Party Oct 2011 Progress Date CP 1: Increase Brand Reco nition within the Communit Have Board of Directors and YLWD Attendance at MWDOC Water Staff Attend More Immediately BOD/GM/PIO/ Policy Forum, City of Yorba CP 1-C Local and Regional following Nov- On-going Staff Linda Mayor's Prayer Breakfast Events and Inter- 2010 election & Santa Ana River Intercepter governmental Line Groundbreaking Ceremony Meetings CP 2: Increase Public Awareness of Water and Wastewater Related Issues Provide Financial (5) Customers received rebates CP 2-A Incentives and Jul-11 On-going BOD/GM/PIO for SmarTimers. MWDOC Turf Rebates for Water Use Removal Program & Synthetic Efficiency Turf Program tabled. Consider Participation in the California Urban Water Reviewing Requirements for CP 2-C Sep-11 Dec-11 GM Participation. Tentative report to Conservation Committee in Nov./Dec. 2011 's Best Council Management Practices Enhance the District's CP 2-D Regional Water and On-going On-going BOD/GM/Staff Hosted MWDOC WUE meeting Wastewater Industry with 25 attendees. Participation WE 1: Retain a Hi hl Skilled and Capable Workforce 1 ACWA-JPIA Professional Development Classes held at Encourage Staff YLWD. Attended MWDOC Participation in Managers Meeting, Groundwater WE 1-F Professional On-going On-going General Manager Producers Meeting, Public Affairs Organizations and Meeting & Water Use Efficiency Local Civic Groups Meeting. Attended quarterly OC Water Operations Managers Association meeting. WE 3: Enhance Em to ee Relations Implement a Program Employee of the Month criteria discussed & Quotes for Plaques WE 3-A to Recognize Employees for Jul-11 Sep-11 EPIC Committee received. Board recognition of (5) Excellence employees for excellence in customer service. WE 3-13 Conduct Quarterly All- Jul-11 Quarterly General Manager To be scheduled Hands Meetings Continue to 2 ACWA-JPIA Professional Encourage Employee Development Classes scheduled WE 3-C Training in Leadership On-going On-going General Manager at YLWD for Sept/Oct 2011. (2) and Technology employees attended a Board meetings as part of the PDP. SR 2: Ex lore Service Bounda O ortunities Evaluate Feasibility of Providing Additional Jul-11 Jun-12 General Manager On-going SR 2-A Services with Water the Region Evaluate Feasibility of SR 2-B Providing Additional Jul-11 Jun-12 General Manager On-going Wastewater Services with the Region Evaluate Feasibility of Providing Other Communication with City of YL SR 2-C Jul-11 Jun-12 General Manager Staff regarding sharing GIS Professional Services services with the Region SR 1: Work Toward Service Reliabilitv an Efficiency Continue with Efforts to Annex District Attended 2nd meeting regarding SR 1-A Service Area to Orange On-going On-going General Manager followup to Notice of Preparation County Water District Engage with Regional Attended/Hosted MWDOC Water SR 1-C Agencies on Water On-going On-going General Manager Use Efficiency Meeting. Supply Issues Strengthen Existing Emergency Update of Emergency Response Plan in process & will be SR 1-D Emergency Operations On-going On-going Operations Partnerships Coordinator/GM presented to other participating agencies for feedback FR 3: Identify and Develo Additional Revenue Options Research and Obtain FR 3-A Grant Funding On-going On-going General Manager On-going assessment through Townsend Public Affairs Whenever Feasible OE 2: Address Inefficiencies Identified in the Self-Assessment Survey OE 2-A Identify Core Jul-11 Jun-12 EPIC Committee Discussion Item for Nov. 2011 Inefficiencies m eeting. OE 2-13 Develop Measurable Aug-11 Jun-12 EPIC Committee Discussion Item for Nov. 2011 Productivity Goals meeting. Engage Employees in Discussion Item for Nov. 2011 OE 2-C Methods of Addressing Sep-11 Jun-12 EPIC Committee Inefficiencies meeting. OE 3: Consider Utilization of a Peer Review Surve Determine the Cost OE 3-A Benefit Ratio of a Peer Jul-11 Sep-11 Management Working with EPIC Committee. Analyst Expect to complete in Nov. 2011 Review Survey Establish a Team to Discussion Item for Dec. 2011 OE 3-13 Determine the Focus Sep-11 Oct-11 EPIC Committee of the Survey meeting. Institute Guidelines OE 3-C for Areas to Be Sep-11 Dec-11 EPIC Committee On schedule to completed in Addressed January y 2012