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HomeMy WebLinkAbout2019-03-12 - Board of Directors Meeting Agenda Packet AGENDA YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, March 12, 2019, 6:30 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Brooke Jones, President Phil Hawkins, Vice President Andrew J. Hall, Director J. Wayne Miller, Director Al Nederhood, Director 4. ADDITIONS/DELETIONS TO THE AGENDA 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports 6. PUBLIC COMMENTS Any individual wishing to address the Board is requested to identify themselves and state the matter on which they wish to comment. If the matter is on the agenda, the Board will recognize the individual for their comment when the item is considered. No action will be taken on matters not listed on the agenda. Comments are limited to matters of public interest and matters within the jurisdiction of the Water District. Comments are limited to three minutes. 7. CONSENT CALENDAR All items listed on the consent calendar are considered to be routine matters, status reports, or documents covering previous Board instructions. The items listed on the consent calendar may be enacted by one motion. There will be no discussion on the items unless a member of the Board, staff, or public requests further consideration. 7.1. Minutes of the Board of Directors Regular Meeting Held February 12, 2019 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $847,902.09. 7.3. Support of Senate Bill 669 (Caballero) - Water Quality: Safe Drinking Water Fund Recommendation: That the Board of Directors adopt a resolution supporting SB 669 (Caballero), the Safe Drinking Water Trust. 7.4. Support of Senate Bill 414 (Caballero) - Small System Water Authority Act of 2019 Recommendation: That the Board of Directors adopt a support position on Senate Bill 414 (Caballero). 7.5. Support of Assembly Bill 533 (Holden) - Income Taxes: Exclusion: Water Conservation or Efficiency Programs: Water Runoff Management Improvement Program Recommendation: That the Board of Directors adopt a support position on Assembly Bill 533 (Holden). 7.6. Opposition of Senate Bill 204 (Dodd) - State Water Project: Contracts Recommendation: That the Board of Directors adopt an oppose position on Senate Bill 204 (Dodd). 7.7. Terms and Conditions for Sewer Service with Gerard Mahoney and Michael Kirtland - La Pradera Sewer Main Extension Recommendation: That the Board of Directors approve the Terms and Conditions for Sewer Service with Gerard Mahoney and Michael Kirtland, La Pradera Sewer Main Extension, Job No. 201907S. 8. ACTION CALENDAR This portion of the agenda is for items where staff presentations and Board discussions are needed prior to formal Board action. 8.1. Concurring Nomination Resolution for ACWA JPIA 2019 Executive Committee Election Recommendation: That the Board of Directors consider adopting concurring resolutions in support of the nominations of Paul E. Dory, Vista Irrigation District, and Fred R. Bockmiller, Mesa Water District, to ACWA JPIA's Executive Committee. 8.2. Concurring Nomination Resolution for CA Water Insurance Fund Board of Directors Election Recommendation: That the Board of Directors consider adopting a resolution concurring in the nomination of Paul E. Dory to the CA Water Insurance Fund Board of Directors. 8.3. California Special District Association Call for Nominations (Seat B) Recommendation: That the Board of Directors consider nominating one Board member or the General Manager as a candidate for election to CSDA's Board of Directors. 8.4. Applications to United States Department of the Interior, Bureau of Reclamation's WaterSMART: Water and Energy Efficiency Grant Program and CalFED Water Use Efficiency Grant Program Recommendation: That the Board of Directors adopt resolutions authorizing the General Manager, or designee, to submit applications to the United States Department of the Interior, Bureau of Reclamation's WaterSMART: Water and Energy Efficiency Grant Program in the amount of $1.5 million and CalFED Water Use Efficiency Grant Program in the amount of $500,000 for installation of the District's Advanced Metering Infrastructure (AMI) Project. 9. DISCUSSION ITEMS This portion of the agenda is for matters that cannot reasonably be expected to be concluded by action of the Board of Directors at the meeting, such as technical presentations, drafts of proposed policies, or similar items for which staff is seeking the advice and counsel of the Board of Directors. Time permitting, it is generally in the District's interest to discuss these more complex matters at one meeting and consider formal action at another meeting. This portion of the agenda may also include items for information only. 9.1. Water Use Efficiency Program 9.2. Board Goals for 2019 Calendar Year 10. REPORTS. INFORMATION ITEMS. AND COMMENTS 10.1. Directors' Reports • Intergovernmental Meetings, Conferences, and Events 10.2. General Manager's Report 10.3. General Counsel's Report 10.4. Future Agenda Items and Staff Tasks 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Jones/Hawkins) • Next meeting scheduled March 28, 2019 at 4:00 p.m. 11.2. Joint Agency Committee with City of Yorba Linda (Jones/Hawkins) • Next meeting scheduled March 18, 2019 at 4:00 p.m. at YL City Hall. 11.3. Joint Agency Committee with City of Placentia (Jones/Hawkins) • Next meeting yet to be scheduled. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from March 13 - May 31, 2019 13. ADJOURNMENT 13.1. The next Regular Meeting will be held Tuesday, March 26, 2019. Closed Session (if necessary) will begin at 5:30 p.m. and regular business at 6:30 p.m. Items Distributed to the Board Less Than 72 Hours Prior to the Meetinq 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 Board 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. 7.1 AGENDA REPORT Meeting Date: March 12, 2019 Subject:Minutes of the Board of Directors Regular Meeting Held February 12, 2019 STAFF RECOMMENDATION: That the Board of Directors approve the minutes as presented. ATTACHMENTS: Name:Description:Type: 2019-02-12_-_Minutes_-_BOD.docx Minutes Minutes Minutes of the YLWD Board of Directors Regular Meeting Held February 12, 2019 at 6:30 p.m. 1 2019-XXX MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, February 12, 2019, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL DIRECTORS PRESENT STAFF PRESENT Brooke Jones, President Marc Marcantonio, General Manager Phil Hawkins, Vice President Brett Barbre, Assistant General Manager Andrew J. Hall John DeCriscio, Operations Manager J. Wayne Miller Gina Knight, HR/Risk and Safety Mgr Al Nederhood Delia Lugo, Finance Manager Rosanne Weston, Engineering Manager Annie Alexander, Exec Asst/Board Secretary Mike Carreon, Facilities Maintenance Worker Kelly McCann, Senior Accountant Freddie Ojeda, Operations Superintendent Rachel Padilla, Customer Service Billing Admin Kaden Young, Management Analyst ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP Lisa Ohlund, General Manager, East Orange County Water District (EOCWD) Paul Shoenberger, General Manager, Mesa Water (Mesa) 4. ADDITIONS/DELETIONS TO THE AGENDA None. 5. INTRODUCTIONS AND PRESENTATIONS 5.1. Elected Official Liaison Reports Minutes of the YLWD Board of Directors Regular Meeting Held February 12, 2019 at 6:30 p.m. 2 2019-XXX Brett Barbre, in his capacity as Director for the Metropolitan Water District of Southern California (MWDSC) and President for Municipal Water District of Orange County (MWDOC), commented on water supply conditions, status of the Delta twin tunnel project, and the upcoming MWDOC Water Policy Forum. Yorba Linda Councilmember Gene Hernandez commented on the recent precipitation and status of the Yorba Linda Town Center. 6. PUBLIC COMMENTS Julia Schultz, resident, commented on an article recently published in the OC Register regarding the Board of Directors’ annual self-assessment. 7. CONSENT CALENDAR Director Nederhood requested to remove Item No. 7.3 from the Consent Calendar for separate action. Director Hawkins made a motion, seconded by Director Hall, to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0. 7.1. Minutes of the Board of Directors Regular Meeting Held January 22, 2019 Recommendation: That the Board of Directors approve the minutes as presented. 7.2. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $1,663,467.65. 7.4. Directors’ and General Manager Fees and Expenses Report for Second Quarter of FY19 Recommendation: That the Board of Directors receive and file the Directors’ and General Manager Fees and Expenses Report for Second Quarter of FY19. 7.5. Terms and Conditions for Sewer Service with Ted and Maria C. Matsumoto, 16941 Bastanchury Road Recommendation: That the Board of Directors approve the Terms and Conditions for Sewer Service with Ted and Maria C. Matsumoto, 16941 Bastanchury Road, Job No. 2019-06S. Minutes of the YLWD Board of Directors Regular Meeting Held February 12, 2019 at 6:30 p.m. 3 2019-XXX 7.6. Terms and Conditions for Water Service with Joseph Miller, 4892 Main Street Recommendation: That the Board of Directors approve the Terms and Conditions for Water Service with Joseph Miller, 4892 Main Street, Job No. 201905. 7.7. Approval of Change Order No. 4 for the Fairmont Booster Pump Station Upgrade Project Recommendation: That the Board of Directors approve Change Order No. 4 for $15,675.25 and 28 additional calendar days to Pacific Hydrotech Corporation for construction of the Fairmont Booster Pump Station Upgrade Project, Job No. 2010-11B. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION 7.3. Unaudited Financial Statements for Second Quarter of FY19 Staff provided a brief presentation regarding actual vs. budgeted water production and consumption through December 2018, and budgeted vs. projected water production and consumption through June 2019. Director Nederhood made a motion, seconded by Director Hawkins, to receive and file the Unaudited Financial Statements for Second Quarter of FY19. Motion carried 5-0-0-0. 8. DISCUSSION ITEMS 8.1. Alternate Water Rate Structures – Presentations by EOCWD and Mesa Water Paul Shoenberger, General Manager for Mesa Water, provided an overview of the agency’s considerations when designing its water rate structure. He also reviewed the performance of various rate structures during the recent drought and mandated conservation. Lisa Ohlund, General Manager for EOCWD, reviewed the agency’s methodology and criteria when designing its water rate structure. She also reviewed the agency’s application of drought rates and fines. Greg Schultz, resident, commented on the statewide success/failure of agencies during the period of mandated conservation and the impact of YLWD’s water shortage administrative penalty structure. Minutes of the YLWD Board of Directors Regular Meeting Held February 12, 2019 at 6:30 p.m. 4 2019-XXX John Koeller, resident, commented on the amount of staff time required to implement and maintain a budget-based water rate structure. 8.2. Communications Plan Staff provided an overview of the District’s current public/government affairs resources in comparison to other agencies in Orange County. Staff also described the purpose of strategic communications as related to YLWD’s mission/vision and reviewed the District’s available channels, target audiences, opportunities for growth, and future challenges. Staff then recommended the hiring of a full time Director of Public and Governmental Affairs to address the District’s communications needs and listed qualifications for the ideal candidate. Councilmember Gene Hernandez commented on the City of Yorba Linda’s public relations efforts, staffing, and platforms, and the fast pace of social media. Julia Schultz, resident, commented on the District’s public communications activities and the importance of educating the community on water related issues. Councilmember Gene Hernandez also commented on the City’s plans to launch a new web-based mapping application in the next few weeks. John Koeller, resident, spoke in favor of reactivating the District’s Citizens Advisory Committee. The Board and staff then discussed at length the District’s communications needs and the hiring of a full time employee versus a consultant to address these needs. Consideration of Item Nos. 8.3. and 8.4. was deferred to the next regular meeting. 8.3. Water Use Efficiency Program 8.4. Board Goals for CY19 Director Nederhood left the meeting at 10:04 p.m. 8.5. Status of Engineering Activities Staff reviewed the status of various construction projects. Minutes of the YLWD Board of Directors Regular Meeting Held February 12, 2019 at 6:30 p.m. 5 2019-XXX 9. REPORTS, INFORMATION ITEMS, AND COMMENTS 9.1. Directors' Reports Intergovernmental Meetings, Conferences, and Events The Directors noted their attendance at the listed meetings and events. 9.2. General Manager's Report General Manager Marc Marcantonio asked each of the managers to report on activities within their respective departments. 9.3. General Counsel’s Report None. 9.4. Future Agenda Items and Staff Tasks None. 10. COMMITTEE REPORTS 10.1. Interagency Committee with MWDOC and OCWD (Jones/Hawkins) Minutes of the meeting held January 24, 2019 at 4:00 p.m. were included in the agenda packet. Next meeting is scheduled March 28, 2019 at 4:00 p.m. 10.2. Joint Agency Committee with City of Yorba Linda (Jones/Hawkins) Next meeting is scheduled March 18, 2019 at 4:00 p.m. at YL City Hall. 10.3. Joint Agency Committee with City of Placentia (Jones/Hawkins) Minutes of the meeting held January 22, 2019 at 8:30 a.m. were included in the agenda packet. Next meeting yet to be scheduled. Minutes of the YLWD Board of Directors Regular Meeting Held February 12, 2019 at 6:30 p.m. 6 2019-XXX 11. BOARD OF DIRECTORS ACTIVITY CALENDAR 11.1. Meetings from February 13 – March 31, 2019 The Board made no changes to the activity calendar. 12. ADJOURNMENT 12.1. The meeting was adjourned at 10:28 p.m. Annie Alexander Board Secretary ITEM NO. 7.2 AGENDA REPORT Meeting Date: March 12, 2019 Budgeted:Yes To:Board of Directors Cost Estimate:$847,902.09 Funding Source:All Funds From:Marc Marcantonio, General Manager Presented By:Delia Lugo, Finance Manager Dept:Finance Reviewed by Legal:N/A Prepared By:Richard Cabadas, Accounting Assistant I CEQA Compliance:N/A Subject:Payments of Bills, Refunds, and Wire Transfers SUMMARY: Section 31302 of the California Water Code says the District shall pay demands made against it when they have been approved by the Board of Directors. Pursuant to law, staff is hereby submitting the list of disbursements for Board of Directors’ approval. STAFF RECOMMENDATION: That the Board of Directors ratify and authorize disbursements in the amount of $847,902.09. DISCUSSION: The items on this disbursement list includes: a check of $52,373.32 to Aqua Metric Sales Co. for replacement meters and operations work material; a check of $56,404.96 to City of Anaheim for electricity charges at multiple locations; a check of $56,711.75 to Orange County Tax Collector for cost on the November 2018 general election; and a check of $251,535.90 to OCWD – Replenishment Assessment for CPTP allocation. The balance of $144,433.62 is routine invoices. The Accounts Payable check register total is $561,459.55, Payroll No. 04 total is $286,442.54; where the total of all listed disbursements for this agenda report is $847,902.09. A summary of the disbursements is attached. PRIOR RELEVANT BOARD ACTION(S): The Board of Directors approves bills, refunds and wire transfers semi-monthly. ATTACHMENTS: Name:Description:Type: 19-CS_0312.pdf Cap Sheet Backup Material CkReg031219.pdf Check Register Backup Material 19_CC_0312.pdf Credit Card Summary Backup Material Summary of Disbursements March 12, 2019 CHECK NUMBERS: 02/26/2019 Computer Checks 73750 $ 13,117.50 03/12/2019 Computer Checks 73751-73832 $ 548,342.05 03/12/2019 Voided Checks 73777 & 73804 $ 0.00 ____________ $ 561,459.55 TOTAL OF CHECKS $ 561,459.55 PAYROLL NO. 04: Direct Deposits $ 174,303.86 Third Party Checks 7146-7155 $ 24,466.11 Payroll Taxes $ 47,065.21 EFT – TASC #04 $ 2,572.88 EFT – CalPERS Payroll #04 $ 38,034.48 $ 286,442.54 TOTAL OF PAYROLL $ 286,442.54 ---------------------------------------------------------------------------------------------------------------------- DISBURSEMENT TOTAL: $847,902.09 ================================================================== APPROVED BY THE BOARD OF DIRECTORS MINUTE ORDER AT BOARD MEETING OF MARCH 12, 2019 ==================================================================. Check No.Date Vendor Name Amount Description 73772 03/12/2019 Albert A. Webb Associates 3,825.95 J09-22#22 - PROFESSIONAL ENGINEERING SERVICES -WELL22 73761 03/12/2019 ALLIANCE PROPERTY MANAGEMENT 27.17 CUSTOMER REFUND 73773 03/12/2019 American Legal Publishing Corporation 1,454.63 2018 S-2 SUPPLEMENT PAGES 73774 03/12/2019 Aqua-Metric Sales Co.52,373.32 OPERATIONS WORK MATERIAL 73775 03/12/2019 Aramark 206.70 UNIFORM SERVICE 73776 03/12/2019 AT & T - Calnet3 2,751.17 ATT CALNET3 73768 03/12/2019 BIC PICTURE INVESTMENT INC 370.85 CUSTOMER REFUND 73753 03/12/2019 BLAKE VONSPRECKEN 472.83 CUSTOMER REFUND 73778 03/12/2019 BrightView Tree Care Services Inc.8,798.40 LANDSCAPE SERVICE - OCTOBER '18 & MARCH '19 AND TREE CARE SERVICE7377903/12/2019 Brooke Jones 19.72 TRAVEL EXPENSE - WATER TAX HEARING 73780 03/12/2019 Bryan Hong 107.14 TRAVEL EXPENSE - 2019 ESRI WATER CONFERENCE 73781 03/12/2019 CalCard US Bank 21,524.32 CREDIT CARD TRANSACTIONS - JANUARY & FEBRUARY 2019 73782 03/12/2019 CDW Government, Inc 4,821.06 IT EQUIPMENT - PRINTER - HP M452DN & (8) INTEL NETWORK CARD 73783 03/12/2019 City Of Anaheim 56,404.96 SEVERAL LOCATIONS -ELECTRICITY CHARGES- 01/10/19 - 02/11/19 73784 03/12/2019 Complete Paperless Solutions 1,732.06 LASERFICHE SUPPORT 73785 03/12/2019 Cortech Engineering 256.10 CL2 PARTS 73786 03/12/2019 Delta Wye Electric, Inc.2,980.00 J18-38 - PRS SOLENOID 73770 03/12/2019 DHANDO RESIDENTIAL RENTAL FUND LP 68.26 CUSTOMER REFUND 73787 03/12/2019 Eisel Enterprises, Inc.335.10 METER BOX & LIDS 73788 03/12/2019 ENV Services, Inc.284.26 FUME HOOD CERTIFICATION 73789 03/12/2019 Factory Motor Parts 92.06 VEHICLE MAINTENANCE - UNIT #224 73790 03/12/2019 Federal Express 24.49 SHIPPING FEES 73791 03/12/2019 Fry's Electronics 1,208.14 IT HARDWARE SUPPLIES 73792 03/12/2019 Georgina Knight 20.00 TRAVEL EXPENSE REIMBURSEMENT - RISK MANAGEMENT TRAINING 73793 03/12/2019 Graybar Electric Co 672.39 J19-02 - UPS BATTERY 73794 03/12/2019 Hach Company 170.80 WATER QUALITY TEST MATERIAL 73795 03/12/2019 Hydrex Pest Control 175.00 PEST CONTROL SERVICE 73796 03/12/2019 Infosend Inc.10,675.49 BILLING & POSTAGE - CUSTOMER BILLING 73798 03/12/2019 J.J. Keller & Associates 82.08 DOT BOOKLETS 73754 03/12/2019 JAMES PELKEY 48.55 CUSTOMER REFUND 73797 03/12/2019 Jeremy Smith 102.70 SAFETY MEETING SUPPLIES & PARKING FEE 73759 03/12/2019 JOEL HOLLY 166.89 CUSTOMER REFUND 73799 03/12/2019 John R Brundahl III 71.12 OP MAINTENANCE VOL. 1 BOOK 73760 03/12/2019 JOHN S MEEK CO 708.70 CUSTOMER REFUND 73750 02/26/2019 Kidman Gagen Law 13,117.50 LEGAL SERVICES 73800 03/12/2019 Lee & Ro, Inc.628.00 J10-11B - CONSTRUCTION SUPPORT & INSPECTION SERVICES 73763 03/12/2019 MAGGIE WANG 77.79 CUSTOMER REFUND 73757 03/12/2019 MARIA DEGUZMAN 92.73 CUSTOMER REFUND 73751 03/12/2019 MARISELA RAMOS 57.73 CUSTOMER REFUND 73801 03/12/2019 Mc Fadden-Dale Hardware 9.70 HARDWARE SUPPLIES 73802 03/12/2019 Mc Master-Carr Supply Co.652.49 PRODUCTION REPAIR PARTS 73812 03/12/2019 Measurement Specialties, Inc.1,014.93 LEVEL MEASURING INSTRUMENTS 73756 03/12/2019 MNG REAL ESTATE INVESTMENTS, LLC 625.98 CUSTOMER REFUND 73767 03/12/2019 MORGAN PICKS TWO, LLC 424.00 CUSTOMER REFUND 73803 03/12/2019 Morton Salt, Inc.2,725.69 COARSE SALT 73805 03/12/2019 Nickey Kard Lock Inc 5,303.06 FUEL - 02/01/19 - 02/15/19 73806 03/12/2019 Office Solutions 488.79 OFFICE SUPPLIES & TONER 73807 03/12/2019 Omni Enterprise Inc.2,990.00 JANITORIAL SERVICES - JANUARY 2019 73808 03/12/2019 Orange County - Tax Collector 56,711.75 COST OF GENERAL ELECTION - NOVEMBER 2018 73809 03/12/2019 Orange County Water Assn 45.00 OCWA - FEBRUARY LUNCHEON - DIR. JONES 73810 03/12/2019 Orange County Water District 251,535.90 REPLENISHMENT ASSESMENT - CPTP ALLOCATION - JULY - DECEMBER 2018 73758 03/12/2019 P ASSET INC 56.65 CUSTOMER REFUND 73766 03/12/2019 PAIGE ESPOSITO 204.90 CUSTOMER REFUND 73811 03/12/2019 Powerstride Battery 215.49 MECHANIC SHOP EQUIPMENT 73813 03/12/2019 RACHEL PADILLA 87.47 TRAVEL EXPENSE REIMBURSEMENT - JPIA LEADERSHIP 73819 03/12/2019 Rachel Padilla/Petty Cash 5.24 PETTY CASH - O010319 73814 03/12/2019 RE Fabricators 2,982.52 SAMPLING STATIONS 73771 03/12/2019 RELIEF HOUSING SOLUTIONS LLC 410.64 CUSTOMER REFUND 73815 03/12/2019 Safety-Kleen Systems Inc 409.13 HAZARDOUS MATERIAL DISPOSAL 73816 03/12/2019 Sanders Paving, Inc.24,534.89 ASPHALT REPAIR - 31 LOCATIONS 73817 03/12/2019 Shred Confidential, Inc.63.00 ON SITE SHRED SERVICE 73818 03/12/2019 South Coast AQMD 6,564.55 ANNUAL EMISSIONS FEES #94677 73769 03/12/2019 SPIRIT HALLOWEEN SUPER STORE 158.95 CUSTOMER REFUND 73820 03/12/2019 Stater Bros. Markets 42.52 MEETING SUPPLIES 73821 03/12/2019 Sunrise Medical Group 670.00 POST EMPLOYMENT PHYSICALS Yorba Linda Water District Check Register For Checks Dated: 02/27/2019 thru 03/12/2019 73822 03/12/2019 Switch Ltd 552.00 DATA HOSTING - COLOCATION 73765 03/12/2019 TAIHO INVESTMENTS LLC 275.21 CUSTOMER REFUND 73755 03/12/2019 THOMAS STEVENS 58.89 CUSTOMER REFUND 73823 03/12/2019 Time Warner Cable 2,531.03 SPECTRUM BUSINESS TV & T10MB DEDICATED INTERNET 73824 03/12/2019 Titus Industrial Group 192.82 TOOL & EQUIPMENT 73827 03/12/2019 United Water Works, Inc.2,598.25 OPERATIONS WORK MATERIAL 73825 03/12/2019 UNUM Life Insurance Co. of America 3,984.43 LIFE, AD&D, STD & LTD - MARCH 2019 73826 03/12/2019 USA Blue Book 230.48 PRODUCTION REPAIR PARTS 73828 03/12/2019 Vivian Lim 185.92 TRAVEL EXPENSE - LASERFICHE CONFERENCE 73777 03/12/2019 VOID 0.00 VOID 73804 03/12/2019 VOID 0.00 VOID 73830 03/12/2019 Western A/V 3,189.32 WIRELESS PRESENTATION GATEWAY 73829 03/12/2019 Westside Building Material 710.56 TOOL & EQUIPMENT 73752 03/12/2019 WILLIAM GLASS 2.79 CUSTOMER REFUND 73762 03/12/2019 WORKHOLDING CONNECTION INC 646.89 CUSTOMER REFUND 73764 03/12/2019 YAN WANG 77.13 CUSTOMER REFUND 73831 03/12/2019 YO Fire 69.43 MISCELLANEOUS WAREHOUSE PARTS 73832 03/12/2019 Zane Woller 215.00 CERTIFICATE REIMBURSEMENT - CWEA GRADE 4 561,459.55 02-21-2019 PAYROLL #04 - EMPLOYEE DIRECT DEPOSIT 174,303.86 02-21-2019 PAYROLL #04 - PAYROLL TAX PAYMENT 47,065.21 02-21-2019 PAYROLL #04 - CALPERS EFT 38,034.48 02-21-2019 PAYROLL #04 - TASC 2,572.88 7146 02-21-2019 COLONIAL LIFE 107.10 7147 02-21-2019 LINCOLN FINANCIAL GROUP 4,548.41 7148 02-21-2019 NATIONWIDE RETIREMENT SOLUTIONS 15,121.65 7149 02-21-2019 CA STATE DISBURSEMENT UNIT 366.92 7150 02-21-2019 CA STATE DISBURSEMENT UNIT 339.69 7151 02-21-2019 CA STATE DISBURSEMENT UNIT 384.92 7152 02-21-2019 AMERICAN HERITAGE LIFE 1,476.13 7153 02-21-2019 MIDLAND LIFE INSURANCE 200.00 7154 02-21-2019 RELIANCE DI 66.61 7155 02-21-2019 AMERITAS 1,854.68 286,442.54 Payroll Checks #04 Vendor Name Amount Description Hollinger - Metal Edge 1,075.60 Stage 1 - Engineering project files archives Amazon.com 28.78 Port authority fleece jacket Lands End 113.35 (3) YLWD fleece jackets & (1) vest Home Depot 28.36 Sod - landscape repair Home Depot 122.01 Supplies - Building 1 Rehab project Smog Tech 495.00 Smog test - several vehicles Mc Master-Carr Supply Co.42.14 Vehicle maintenance - Unit #174 Killingsworth Gear 40.17 Well maintenance - Well #18 Home Depot 286.73 Electrical & paint supplies Staples 241.64 Office supplies and toner Cla-Val Co.325.00 Cla-Val Training - Varian, A Full Source 46.99 Red Kap work coat - Ostiz, M Home Depot 219.12 Electrical supplies South Point Hotel 79.10 Travel expense -Tri-State Seminar - Marcantonio Powerstride Battery 104.86 Vehicle maintenance - Unit #198 Fluid Conservation Systems 280.00 Cable for leak detection equipment Staples 30.15 Operations office supplies New Concept Technologies 40.00 Software - Recreate district seal OC United 1,500.00 Sponsorship - Love Placentia Silver Sponsorship Home Depot 59.28 Miscellaneous building repair parts Nexus Office Environments 1,105.90 Office equipment - DeCriscio Amazon.com 76.95 Dual monitor desktop mounts Amazon.com 319.48 Vehicle emergency kits CalCard US Bank -83.38 Returned - (3) fleece jackets Sunstate Equipment Co 69.65 Propane - Unit #E01 Komatsu 41.23 Propane - Unit #E01 Amazon.com 200.56 Breakroom equipment - microwave Best Value Tire & Wheel 126.80 Vehicle maintenance - Unit #208 Alternative Hose Inc.59.91 Hose assembly - forklift Bucatini Trattoria Pizzeria 51.26 Travel expense - LCW Conference - Knight, G & Lim, V Powerstride Battery 104.86 Vehicle maintenance - Unit #207 Calif Water Environ Assn (CWEA)350.00 Winter Collection Seminar - (7) attendees Calif Water Environ Assn (CWEA)188.00 Membership renewal - Woller, Z North American Recycling and Crushing, LLC 440.00 Road material disposal Grainger 61.73 Hardware supplies Marriott Hotels 132.10 Travel expense - LCW Conference - Barbre Marriott Hotels 149.20 Travel expense - LCW Annual Conference - Segura, J Shermans Deli & Bakery 30.82 Travel expense - LCW Conference - Knight, G & Lim, V Marriott Hotels 269.90 Travel expense - LCW Annual Conference -Lim, V Marriott Hotels 298.40 Travel expense - LCW Conference - Knight, G United Airlines 309.60 Travel expense - REMTEC Summit REMTEC 745.00 Travel expense - REMTEC Summit 5.11 Tactical 366.33 Supplies - Vehicle emergency kits Amazon.com 48.60 Supplies - Vehicle emergency kits Amazon.com 98.98 Service recognition award Amazon.com 26.25 Service recognition award City Of Brea 2,428.05 Encroachment permits 12-Mar-19 Cal Card Credit Card U S Bank Village Nurseries 104.03 Sod - Landscape repair The Dana on Mission Bay 135.23 Travel expense - GRAC Conference - Dir. Jones Home Depot 13.13 PVC parts for leak repair B & M Lawn and Garden Inc 48.42 Maintenance supplies Harrington Industrial 53.75 Hardware supplies - site maintenance Southwest Airlines 139.01 Travel expense - Water Tax Hearing - Marcantonio Southwest Airlines 256.97 Travel expense - Water Tax Hearing - Marcantonio Southwest Airlines 395.98 Travel expense - Water Tax Hearing - Dir. Jones NEOGOV, Inc.499.00 NEOGOV Onboard Training - Segura, J Harbor Freight Tools 40.82 Tools for hydrant truck Mc Master-Carr Supply Co.126.20 Production CL2 parts - Fairmont Mom's Deli 7.34 Lunch - AMI/Radio/Meter meeting - DeCriscio Fry's Electronics 69.99 Office supplies Fleet Services, Inc 24.91 Equipment maintenance - Unit #E-193 Shakey's 25.44 Lunch - AQMD Seminar - (2) attendees Nexus Office Environments 560.00 Repair - Building 1 roof Amazon.com 18.30 CASIO Scientific calculator Government Finance Officers 395.00 GFOA Conference & Membership - Knight, G R.E. Michel Company, LLC 104.52 Safety switch for AC system KB Design 55.98 District jackets and vest Home Depot 133.05 Miscellaneous hardware supplies South Point Hotel 395.50 Travel expense -Tri-State Seminar - 5 attendees Emergency Essentials 41.80 Vehicle emergency kits Sacramento Independent Taxi Op 45.00 Travel expense - Water Tax Hearing - Marcantonio ACWA-Assn Of Ca Water Agencies 725.00 Travel expense - ACWA Spring Conference - Marcantonio Lucca 28.00 Travel expense - Water Tax Hearing - Marcantonio Flappy Jacks 82.89 Lunch meeting - (5) attendees Lucca 23.49 Travel expense - Water Tax Hearing - Dir. Jones Fleet Services, Inc 112.12 Vehicle maintenace - Unit #196 Home Depot 90.38 Batteries for warehouse Amazon.com 11.18 Book - Contractors guide to Change Orders Howard Industries 202.16 PC control board - Mira Loma A/C Sacramento Int'l Airport 33.00 Travel expense - Water Tax Hearing - Marcantonio & Dir. Jones John Wayne Airport 32.00 Travel expense - Water Tax Hearing - Marcantonio Jacks Urban 13.99 Travel expense - Water Tax Hearing - Marcantonio Statehouse 13.50 Travel expense - Water Tax Hearing - Marcantonio John Wayne Airport 30.00 Travel expense - Water Tax Hearing - Dir. Jones Jacks Urban 14.00 Travel expense - Water Tax Hearing - Dir. Jones Statehouse 7.50 Travel expense - Water Tax Hearing - Dir. Jones Sheraton Grand Hotel 360.89 Travel expense - Water Tax Hearing - Dir. Jones Tom's Place 45.26 Forklift training supplies Calif Water Environ Assn (CWEA)87.00 CWEA renewal - Ostiz, M Home Depot 346.83 (56) 50# Quickrete Concrete Orange County Water District 30.00 OCWA meeting - Feb 19 Industry Insight Presentation Sheraton Grand Hotel 375.84 Travel expense - Water Tax Hearing - Marcantonio Hilton Hotels 836.42 Travel expense - LaserFiche Conference - Lim, V Residence Inn Marriot 459.58 Travel expense - LaserFiche Conference - Millen, M Avenue of the Arts Wyndham Hotel 213.92 ACWA/JPIA Leadership meeting Best Value Tire & Wheel 104.47 Vehicle maintenace - Unit #211 CalCard US Bank -13.93 Refund for Stage 1 - Eng project files archives Long Beach Convention Center 15.00 Parking fee - Laserfiche Empower PARMA 380.00 2019 PARMA Conference 21,524.32 ITEM NO. 7.3 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Support of Senate Bill 669 (Caballero) - Water Quality: Safe Drinking Water Fund STAFF RECOMMENDATION: That the Board of Directors adopt a resolution supporting SB 669 (Caballero), the Safe Drinking Water Trust. DISCUSSION: ACWA has requested its members support SB 669, which would create a Safe Drinking Water Trust that will help community water systems in disadvantaged communities provide access to safe drinking water. ACWA and the California Municipal Utilities Association (CMUA) are sponsoring the bill by Senator Anna Caballero (D-Salinas). The Trust would be created in the State Treasury and funded with General Fund dollars during a state budget surplus year. The principal would be invested and the net income from the Trust would be transferred to a Safe Drinking Water Fund, which the State Water Resources Control Board would administer. This proposal would create a durable funding source for costs associated with operation and maintenance (O&M) and consolidation efforts and would complement existing federal and state funding sources for capital costs. In addition to sending letters requesting the support of the Senate Environmental Quality Committee members and our local legislators, staff has prepared the attached resolution for the Board's consideration. The full text of the bill can be viewed here: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB669 ATTACHMENTS: Name:Description:Type: Resolution_No._2019-XX_-_Support_of_SB669.docx Resolution Resolution Resolution No. 2019-XX Supporting SB 669 (Caballero), The Safe Drinking Water Trust 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT SUPPORTING SB 669 (CABALLERO), THE SAFE DRINKING WATER TRUST WHEREAS, the Association of California Water Agencies and the California Municipal Utilities Association are sponsoring SB 669 (Caballero) to create the Safe Drinking Water Trust (the Trust); and WHEREAS, drinking water is essential to life and the lack of access to safe drinking water in disadvantaged communities is a public health issue that the state should address; and WHEREAS, a funding solution for operation and maintenance and consolidation costs is needed that can complement existing federal and state funding sources for capital costs; and WHEREAS, ACWA and CMUA have developed the Trust proposal to provide the needed funding solution; WHEREAS, SB 669 would create the Trust in the state Treasury; and WHEREAS, the Trust would be funded with an infusion of General Fund dollars during a state budget surplus year; and WHEREAS, there is a record General Fund budget surplus for the 2019-‘20 fiscal year and a portion could be used to fund the Trust’s principal; and WHEREAS, the net income from the Trust would provide the needed durable source of funding; and Resolution No. 2019-XX Supporting SB 669 (Caballero), The Safe Drinking Water Trust 2 WHEREAS, a statewide water tax on local water bills of approximately 3,000 community water systems would work against the common goal of keeping water affordable. NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the Yorba Linda Water District formally supports SB 669. PASSED AND ADOPTED this 12th day of March 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP ITEM NO. 7.4 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Support of Senate Bill 414 (Caballero) - Small System Water Authority Act of 2019 STAFF RECOMMENDATION: That the Board of Directors adopt a support position on Senate Bill 414 (Caballero). ATTACHMENTS: Name:Description:Type: SB_414.pdf Backup Material Backup Material SHARE THIS:Date Published: 02/20/2019 09:00 PM SB-414 Small System Water Authority Act of 2019.(2019-2020) CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION SENATE BILL No. 414 Introduced by Senator Caballero February 20, 2019 An act to amend Sections 56017.1, 56017.2, 56069, 56653, 56658, and 56895 of, and to add Section 56666.5 to, the Government Code, and to add Division 23 (commencing with Section 78000) to the Water Code, relating to small system water authorities. LEGISLATIVE COUNSELʹS DIGEST SB 414, as introduced, Caballero. Small System Water Authority Act of 2019. Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems and imposes on the State Water Resources Control Board various responsibilities and duties. The act authorizes the state board to order consolidation with a receiving water system where a public water system or a state small water system, serving a disadvantaged community, as defined, consistently fails to provide an adequate supply of safe drinking water. The act, if consolidation is either not appropriate or not technically and economically feasible, authorizes the state board to contract with an administrator to provide administrative and managerial services to designated public water systems and to order the designated public water system to accept administrative and managerial services, as specified. Existing law, the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, provides the exclusive authority and procedure for the initiation, conduct, and completion of changes of organization and reorganization for cities and districts, except as specified. This bill would create the Small System Water Authority Act of 2019 and state legislative findings and declarations relating to authorizing the creation of small system water authorities that will have powers to Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 1 of 25 3/6/2019, 8:29 AM absorb, improve, and competently operate noncompliant public water systems. The bill, no later than March 1, 2020, would require the state board to provide written notice to cure to all public agencies, private water companies, or mutual water companies that operate a public water system that has either less than 3,000 service connections or that serves less than 10,000 people, and are not in compliance, for the period from July 1, 2018, through December 31, 2019, with one or more state or federal primary drinking water standard maximum contaminant levels, as specified. The bill would require the state board to provide a copy of the notice, in the case of a water corporation, to the Public Utilities Commission and would require the Public Utilities Commission to be responsible with the state board for ensuring compliance with the provisions of the bill. The bill would require an entity receiving the notice to respond to the state board, and, if appropriate, the Public Utilities Commission, as to whether the violations of drinking water standards are remedied and the basis for that conclusion, as specified. The bill would require an entity reporting a continuing violation of drinking water standards to have 180 days from the date of a specified response filed with the state board to prepare and submit a plan to the state board to permanently remedy a violation of drinking water standards within a reasonable time that is not later than January 1, 2025. The bill would require the state board to review the plan and accept, accept with reasonable conditions, or reject the plan, as prescribed. The bill would require an entity with an accepted plan to provide quarterly reports to the state board on progress towards a permanent remedy for violations of drinking water standards and would require the state board to annually hold a public hearing to consider whether the progress is satisfactory. The bill would require the state board, if it rejects the plan and after a certain period to allow for a petition for reconsideration, to cause the formation of an authority by the applicable local agency formation commission to serve the customers of the public water system that submitted the plan the state board rejects, if certain findings are made by the state board. If the state board is unable to make those findings, the bill would require the state board to remedy the failure to meet the applicable drinking water standards, as specified. The bill would require the state board, no later than July 1, 2021, to provide written notice to each county, city, water district, private water company, or mutual water company located within a county where an entity receiving a notice to cure from the state board is located stating that the state board may consider the formation of an authority within that county and inviting other public water suppliers to consider a voluntary dissolution and subsequent inclusion into the authority that may be formed. The bill would require an entity wishing to consolidate into a proposed authority to provide a written statement opting into an authority to the administrator of the authority on or before December 31, 2021. The bill would authorize an entity wishing to join an authority after the formation of an authority to do so by a proposal or petition to the local agency formation commission and would require an entity to join a proposed authority upon the petition of the entity’s customers, as prescribed. The bill would require any county or city receiving a notice to cure from the state board to determine, not later than November 1, 2021, whether any county service areas, county waterworks districts, or other dependent special districts providing water service or water and sewer service located within the county that provide water service or water and sewer service only in the proposed area of the authority should be included within the proposed authority, as prescribed. The bill would authorize an authority to include areas that are not contiguous. The bill would require the state board, no later than 30 days after the rejection of an entity’s plan to permanently remedy a violation of drinking water standards, to notify a local agency formation commission of a county where the public water system that submitted the plan is located, and if appropriate, the Public Utilities Commission, that it has determined that the public water system shall be consolidated into an authority. The bill would require the state board, no later than 60 days after the rejection, to notify the local agency formation commission, and if appropriate, the Public Utilities Commission, of the public water systems that will be consolidated into an authority and to appoint an administrator for each proposed authority. The bill would require an administrator to be responsible for the interim administration and management of the authority and would require the state board to bear the cost of the administrator, as specified. The bill would require the administrator, after consultation with the executive officer of the local agency formation commission, to submit to the state board a conceptual formation plan, with specified components. The bill would require the state board to provide comments on the conceptual formation plan to the administrator and applicable local agency formation commission within 60 days of its receipt. The bill would require the administrator, within 180 days after the state board provides comments on the draft conceptual formation plan, to submit an application for formation and proposed plan for service to the local agency formation commission for review and would require the commission to hold a hearing on the plan and approve or deny it, as prescribed. The bill would require an authority to file a statement, under penalty of perjury, with the executive office of the local agency formation commission certifying that the authority will take the appropriate actions to comply with an approved plan. By expanding the application of the crime of perjury, this bill would impose a state-mandated local program. The bill would require the executive officer of the commission, within 30 days of the filing of a statement, to issue a notice of completion to the authority Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 2 of 25 3/6/2019, 8:29 AM and send a copy of that notice to the state board. The bill would authorize the state board, in the event that the authority fails to timely file a statement certifying compliance with the plan, to issue an order to the authority requiring the filing of a statement certifying compliance with the plan or other remedial action as may be appropriate. The bill would require, annually for the first 3 years after the date of an authority’s formation by a local agency formation commission, an authority to file a certain report with the local agency formation commission and the state board. The bill would require a local agency formation commission to hold a public hearing within 90 days of receipt of the report to review the authority’s performance during the previous year and would authorize the state board to order an authority to remedy any failures to comply with conditions imposed by the state board or the plan for service. The bill would authorize the state board to impose a civil penalty on an authority of up to $500 per day for each violation if an authority fails to timely comply with a remedial order by the state board, up to a maximum of $10,000 per year for each particular violation. The bill would require the Public Utilities Commission to order the dissolution of a public water system and the transfer of all assets of a subject water corporation to an authority formed by the local agency formation commission, as prescribed. The bill would require the state board to petition a court for an order dissolving any mutual water company, water corporation, or private corporation that has been operating a public water system and transferring the assets of that company or corporation to the authority formed by the local agency formation commission. The bill would provide for an owner or shareholder of a dissolved public water system to be compensated, as specified, in accordance with a distressed business valuation issued by the state board. The bill would authorize an authority to receive financing from the state to pay all liabilities assumed from a public water system and would require an authority to issue bonds to repay the state with interest. The bill would require the Controller, no later than January 1, 2026, to prepare and submit to the Legislature a report regarding the fiscal and operational health of the authorities that includes a recommendation regarding the need for supplemental state funding, if any, and the potential sources of that funding. The bill would require the state board, no later than January 1, 2026, to prepare and submit to the Legislature a report specifying the number of public water systems that, at any time between July 1, 2018, and January 1, 2025, were out of compliance with one or more state or federal primary drinking water standards, as specified. The bill would provide for the appointment of an initial board of an authority, and the election of subsequent boards of an authority. The bill would require a director to be a resident of the area served by the authority and, to the extent practicable, to represent a division with equal population being served by the authority. The bill would require a director to receive compensation in an amount not to exceed $250 per day, not to exceed a total of 10 days in any calendar month, together with any expenses incurred in the performance of the director’s duties required or authorized by the board. The bill would require the board to hold meetings, exercise and perform all powers, privileges, and duties of an authority, designate a depository to have custody of the funds of the authority, appoint officers, and hire employees, as specified. The bill would require the board to file a certain certificate with the Secretary of State within 180 days of its initial meeting after formation. The bill would require a person convicted of an infraction for a violation of any local ordinance or regulation adopted by an authority to be punished upon a first conviction by a fine not exceeding $50 and for a 2nd conviction within a period of one year by a fine of not exceeding $100 and for a 3rd or any subsequent conviction within a period of one year by a fine of not exceeding $250. By creating new crimes, this bill would impose a state-mandated local program. The bill would specify the powers of an authority, including that an authority is authorized to acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water, including sewage and stormwater, for the beneficial use of the authority. The bill would authorize the authority to fix a water standby assessment or availability charge, as prescribed. The bill would require a board of supervisors to levy the standby charge in the amounts for the respective parcels fixed by the board of the authority. The bill would require all county officers charged with the duty of collecting taxes to collect authority standby charges with the regular tax payments to the county and would require the charges to be paid to the authority. The bill would authorize an authority to restrict the use of authority water, as specified, and would provide that it is a misdemeanor, punishable as specified, for any person to use or apply water received from the authority contrary to or in violation of any restriction or prohibition specified in the authority’s ordinance. By creating a new crime, this bill would impose a state-mandated local program. The bill would authorize an authority to conduct inspections and would authorize an authority to obtain an inspection warrant. Because the willful refusal of an inspection lawfully authorized by an inspection warrant is a misdemeanor, this bill would impose a state-mandated local program by expanding the application of a crime. The bill would require an authority to notify the county or city building inspector, county health inspector, or other affected county or city employee or office, in writing, within a reasonable time if an actual violation of an authority, city, or county ordinance is discovered during the investigation. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 3 of 25 3/6/2019, 8:29 AM The bill would require the administrator to prepare and submit a capital improvement plan to the state board no later than one year after the date upon which an authority is formed. The bill would require the plan to bring the authority into full compliance with drinking water standards within 3 years, which time may be extended by the state board for good cause. The bill would require the state board, upon appropriation by the Legislature from the General Fund, or, to the extent funds are available from bond revenues or other sources, including federal, state, academic, or other public or private entities, to provide funding for the administrator and for formation and startup costs for up to 3 fiscal years after formation of the authority, as specified. The bill would provide for the state board, upon appropriation by the Legislature from the General Fund, or, to the extent funds are available from bond revenues or other sources, including federal, state, academic, or other public or private entities, to receive up to an unspecified amount for the preparation of distressed business valuations to determine the net fair market value of the water corporation or mutual water company. The bill would require, if those moneys are not sufficient to meet the statewide needs of the authorities, funding to be made available upon appropriation from the Safe Drinking Water State Revolving Fund. By imposing new duties or a higher level of service on cities, counties, and local agency formation commissions, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 56017.1 of the Government Code is amended to read: 56017.1. “Applicant” means a local agency or person or persons that submits an application, as defined by Section 56017.2. 56017.2, or the State Water Resources Control Board where an application is submitted by its appointed administrator pursuant to Section 78038 of the Water Code. SEC. 2. Section 56017.2 of the Government Code is amended to read: 56017.2. “Application” means any of the following: (a) A resolution of application or petition initiating a change of organization or reorganization with supporting documentation as required by the commission or executive officer. (b) A request for a sphere of influence amendment or update pursuant to Section 56425. (c) A request by a city or district for commission approval of an extension of services outside the agency’s jurisdictional boundaries pursuant to Section 56133. (d) A request by a public agency for commission approval of an extension of services outside the agency’s jurisdictional boundaries pursuant to Section 56134. (e) A request by the State Water Resources Control Board that includes the formation of a small system water authority made pursuant to Section 78038 of the Water Code. SEC. 3. Section 56069 of the Government Code is amended to read: 56069. “Proposal” means a desired change of organization or reorganization initiated by a petition or petition, by resolution of application of a legislative body or school district district, or by order of the State Water Resources Control Board in the case of an application including the formation of a small system water authority submitted pursuant to Section 78038 of the Water Code, for which a certificate of filing has been issued. SEC. 4. Section 56653 of the Government Code, as amended by Section 1 of Chapter 43 of the Statutes of Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 4 of 25 3/6/2019, 8:29 AM 2017, is amended to read: 56653. (a) If a proposal for a change of organization or reorganization is submitted pursuant to this part, the applicant shall submit a plan for providing services within the affected territory. (b) The plan for providing services shall include all of the following information and any additional information required by the commission or the executive officer: (1) An enumeration and description of the services currently provided or to be extended to the affected territory. (2) The level and range of those services. (3) An indication of when those services can feasibly be extended to the affected territory, if new services are proposed. (4) An indication of any improvement or upgrading of structures, roads, sewer or water facilities, or other conditions the local agency would impose or require within the affected territory if the change of organization or reorganization is completed. (5) Information with respect to how those services will be financed. (c) (1) In the case of a change of organization or reorganization initiated by a local agency that includes a disadvantaged, unincorporated community as defined in Section 56033.5, a local agency may include in its resolution of application for change of organization or reorganization an annexation development plan adopted pursuant to Section 99.3 of the Revenue and Taxation Code to improve or upgrade structures, roads, sewer or water facilities, or other infrastructure to serve the disadvantaged, unincorporated community through the formation of a special district or reorganization of one or more existing special districts with the consent of each special district’s governing body. (2) The annexation development plan submitted pursuant to this subdivision shall include information that demonstrates that the formation or reorganization of the special district will provide all of the following: (A) The necessary financial resources to improve or upgrade structures, roads, sewer, sewer or water facilities facilities, or other infrastructure. The annexation development plan shall also clarify the local entity that shall be responsible for the delivery and maintenance of the services identified in the application. (B) An estimated timeframe for constructing and delivering the services identified in the application. (C) The governance, oversight, and long-term maintenance of the services identified in the application after the initial costs are recouped and the tax increment financing terminates. (3) If a local agency includes an annexation development plan pursuant to this subdivision, a local agency formation commission may approve the proposal for a change of organization or reorganization to include the formation of a special district or reorganization of a special district with the special district’s consent, including, but not limited to, a community services district, municipal water district, or sanitary district, to provide financing to improve or upgrade structures, roads, sewer or water facilities, or other infrastructure to serve the disadvantaged, unincorporated community, in conformity with the requirements of the principal act of the district proposed to be formed and all required formation proceedings. (4) Pursuant to Section 56881, the commission shall include in its resolution making determinations a description of the annexation development plan, including, but not limited to, an explanation of the proposed financing mechanism adopted pursuant to Section 99.3 of the Revenue and Taxation Code, including, but not limited to, any planned debt issuance associated with that annexation development plan. (d) This section shall not preclude a local agency formation commission from considering any other options or exercising its powers under Section 56375. (e) A plan for providing services accompanying an application that includes the formation of a small system water authority submitted pursuant to subdivision (a) of Section 78038 of the Water Code shall meet the requirements set forth in subdivision (b) of Section 78038 of the Water Code. (e) (f) This section shall remain in effect only until January 1, 2025, and as of that date is repealed. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 5 of 25 3/6/2019, 8:29 AM SEC. 5. Section 56658 of the Government Code is amended to read: 56658. (a) Any petitioner or legislative body desiring to initiate proceedings shall submit an application to the executive officer of the principal county. (b) (1) Immediately after receiving an application and before issuing a certificate of filing, the executive officer shall give mailed notice that the application has been received to each affected local agency, the county committee on school district organization, and each school superintendent whose school district overlies the affected territory. The notice shall generally describe the proposal and the affected territory. The executive officer shall not be required to give notice pursuant to this subdivision if a local agency has already given notice pursuant to subdivision (c) of Section 56654. (2) It is the intent of the Legislature that a proposal for incorporation or disincorporation shall be processed in a timely manner. With regard to an application that includes an incorporation or disincorporation, the executive officer shall immediately notify all affected local agencies and any applicable state agencies by mail and request the affected agencies to submit the required data to the commission within a reasonable timeframe established by the executive officer. Each affected agency shall respond to the executive officer within 15 days acknowledging receipt of the request. Each affected local agency and the officers and departments thereof shall submit the required data to the executive officer within the timelines established by the executive officer. Each affected state agency and the officers and departments thereof shall submit the required data to the executive officer within the timelines agreed upon by the executive officer and the affected state departments. (3) If a special district is, or as a result of a proposal will be, located in more than one county, the executive officer of the principal county shall immediately give the executive officer of each other affected county mailed notice that the application has been received. The notice shall generally describe the proposal and the affected territory. (c) Except when a commission is the lead agency pursuant to Section 21067 of the Public Resources Code, the executive officer shall determine within 30 days of receiving an application whether the application is complete and acceptable for filing or whether the application is incomplete. (d) The executive officer shall not accept an application for filing and issue a certificate of filing for at least 20 days after giving the mailed notice required by subdivision (b). The executive officer shall not be required to comply with this subdivision in the case of an application which that meets the requirements of Section 56662 or in the case of an application for which a local agency has already given notice pursuant to subdivision (c) of Section 56654. (e) If the appropriate fees have been paid, an application shall be deemed accepted for filing if no determination has been made by the executive officer within the 30-day period. An executive officer shall accept for filing, and file, any application submitted in the form prescribed by the commission and containing all of the information and data required pursuant to Section 56652. (f) When an application is accepted for filing, the executive officer shall immediately issue a certificate of filing to the applicant. A certificate of filing shall be in the form prescribed by the executive officer and shall specify the date upon which the proposal shall be heard by the commission. From the date of issuance of a certificate of filing, or the date upon which an application is deemed to have been accepted, whichever is earlier, an application shall be deemed filed pursuant to this division. (g) If an application is determined not to be complete, the executive officer shall immediately transmit that determination to the applicant specifying those which parts of the application which are incomplete and the manner in which they can be made complete. (h) Following the issuance of the certificate of filing, the executive officer shall proceed to set the proposal for hearing and give published notice thereof as provided in this part. The date of the hearing shall be not more than 90 days after issuance of the certificate of filing or after the application is deemed to have been accepted, whichever is earlier. In the case of an application submitted pursuant to subdivision (a) of Section 78038 of the Water Code by an administrator appointed by the State Water Resources Control Board, the date of the hearing shall be not more than 180 days after issuance of the certificate of filing or after the application is deemed to have been accepted, whichever is earlier. Notwithstanding Section 56106, the date for conducting the hearing, as determined pursuant to this subdivision, is mandatory. SEC. 6. Section 56666.5 is added to the Government Code, to read: Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 6 of 25 3/6/2019, 8:29 AM 56666.5. (a) This section applies only to a proposal that includes the formation of a small system water authority submitted pursuant to subdivision (a) of Section 78038 of the Water Code. (b) At the hearing described in Section 56666, the commission shall approve the plan and the formation of the authority, approve the plan and the formation of the authority with modifications, or disapprove the plan and request resubmittal by the administrator. (c) If the commission disapproves the plan, the commission shall, within 30 days of the hearing, provide the administrator with written comments identifying the changes that the administrator must make in order to submit an acceptable plan. If the administrator concurs with those changes, the administrator may provide a written statement of concurrence to the commission and the commission shall deem approved the commission’s proposed changes upon receipt of the written statement of concurrence. If the administrator disagrees with those changes, the administrator shall provide a revised plan for service to the commission no later than 90 days after the date on which the commission provides the administrator with comments disapproving the plan. (d) The commission shall hold a hearing no later than 90 days after the date the administrator provides a revised plan for service to the commission, during which the commission shall approve the revised plan for service, either as proposed by the administrator or with the modifications the commission believes best serve the public interest. SEC. 7. Section 56895 of the Government Code is amended to read: 56895. (a) When a commission has adopted a resolution making determinations, any person or affected agency may file a written request with the executive officer requesting amendments to or reconsideration of the resolution. The request shall state the specific modification to the resolution being requested and shall state what new or different facts that could not have been presented previously are claimed to warrant the reconsideration. If the request is filed by a school district that received notification pursuant to Section 56658, the commission shall consider that request at a public hearing. (b) Notwithstanding Section 56106, the deadlines set by this section are mandatory. The person or agency shall file the written request within 30 days of the adoption of the initial or superseding resolution by the commission making determinations. If no person or agency files a timely request, the commission shall not take any action pursuant to this section. (c) Upon receipt of a timely request, the executive officer shall not take any further action until the commission acts on the request. (d) Upon receipt of a timely request by the executive officer, the time to file any action, including, but not limited to, an action pursuant to Section 21167 of the Public Resources Code and any provisions of Part 4 (commencing with Section 57000) governing the time within which the commission is to act shall be tolled for the time that the commission takes to act on the request. (e) The executive officer shall place the request on the agenda of the next meeting of the commission for which notice can be given pursuant to this subdivision. The executive officer shall give notice of the consideration of the request by the commission in the same manner as for the original proposal. The executive officer may give notice in any other manner as he or she the executive officer deems necessary or desirable. (f) At that meeting, the commission shall consider the request and receive any oral or written testimony. The consideration may be continued from time to time but not to exceed 35 days from the date specified in the notice. The person or agency that filed the request may withdraw it at any time prior to the conclusion of the consideration by the commission. (g) At the conclusion of its consideration, the commission may approve with or without amendment, wholly, partially, or conditionally, or disapprove the request. If the commission disapproves the request, it shall not adopt a new resolution making determinations. If the commission approves the request, with or without amendment, wholly, partially, or conditionally, the commission shall adopt a resolution making determinations that shall supersede the resolution previously issued. (h) The determinations of the commission shall be final and conclusive. No person or agency shall make any further request for the same change or a substantially similar change, as determined by the commission. (i) Notwithstanding subdivision (h), clerical errors or mistakes may be corrected pursuant to Section 56883. (j) This section does not apply to commission determinations for a proposal that includes the formation of a Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 7 of 25 3/6/2019, 8:29 AM small system water authority submitted pursuant to subdivision (a) of Section 78038 of the Water Code. SEC. 8. Division 23 (commencing with Section 78000) is added to the Water Code, to read: DIVISION 23. Small System Water Authority Act of 2019 PART 1. Short Title 78000. This division shall be known, and may be cited, as the Small System Water Authority Act of 2019. PART 2. Findings and Declarations 78001. The Legislature finds and declares all of the following: (a) As of November 2017, according to the state board, there are approximately 300 public water systems in the State of California that are chronically serving contaminated water to their customers and are operationally deficient in violation of public health regulations. (b) The vast majority of those systems are small, only serving a population of less than 10,000 people, with deficiencies that range from natural contaminants, manmade contaminants, and failing infrastructure. These systems are located throughout California, with a greater percentage of these failing systems primarily located in economically distressed or rural counties. (c) These chronically out of compliance systems lack the financial, managerial, and technical resources to adequately serve their communities and face higher costs per customer to provide adequate service because of their small size, rural location, and aging infrastructure. (d) There is an inefficient deployment of existing local system financial resources and potential funding shortfalls, largely due to duplication of overhead and the inability to access state and other funding streams necessary for modern water service. (e) A new category of public water agency is needed to absorb and consolidate failing small public water systems to provide technical, managerial, and financial capabilities to ensure the provision of safe, clean, affordable, and accessible water and local governance. (f) This act authorizes the creation of small system water authorities that will have unique powers to absorb, improve, and competently operate currently noncompliant public water systems with either contiguous or noncontiguous boundaries. (g) Existing public water systems, whether public agencies, investor-owned utilities, water corporations regulated by the Public Utilities Commission, private mutual water companies, or other private unregulated water systems, that are currently providing adequate water service but that are located in a county where an authority may be formed will have the option of voluntarily consolidating with a new authority. PART 3. Definitions 78005. Unless the context otherwise requires, the provisions of this part govern the construction of this division. 78006. “Affected county” means any county in which the land of a proposed authority is situated. 78007. “Authority” means a small system water authority formed pursuant to this division. 78008. “Board” means the board of directors of an authority. 78009. “Board of supervisors” means the board of supervisors of the principal county. 78010. “City” means any chartered or general law city. 78011. “County clerk” means the county clerk of the principal county. 78012. “Local agency formation commission” means a local agency formation commission of the principal county in which the proposed authority is located. 78013. “President” means the president of the board of directors of an authority. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 8 of 25 3/6/2019, 8:29 AM 78014. “Principal county” means the county in which the greater portion of the land of a proposed authority is situated. 78015. “Private corporation” means any private corporation organized under the laws of the United States or of this or any other state. 78016. “Public agency” means the state or any department or agency thereof, and a county, city, public corporation, or public district of the state, including an authority formed pursuant to this division. 78017. “Public water system” has the same meaning as defined in Section 116275 of the Health and Safety Code. 78018. “Secretary” means the secretary of an authority. 78019. “State board” means the State Water Resources Control Board. 78020. “Voter” means a voter as defined in Section 359 of the Elections Code. 78021. “Water” includes potable water and nonpotable water. 78022. “Water corporation” has the same meaning as defined in Section 241 of the Public Utilities Code. PART 4. Formation CHAPTER 1. In General 78025. The area proposed to be served by a proposed authority may consist of the service areas of one or more public agencies, private water companies, or mutual water companies that need not be contiguous. The area proposed to be served by a proposed authority may also include one or more parcels that need not be contiguous, either with each other or with the service areas of the public agencies, private water companies, or mutual water companies that will be served through the proposed authority. CHAPTER 2. Formation Proceedings 78030. (a) No later than March 1, 2020, the state board shall provide written notice to cure to all public agencies, private water companies, or mutual water companies that meet both of the following criteria: (1) Operate a public water system that has either less than 3,000 service connections or that serves less than 10,000 people. (2) Are not in compliance with one or more state or federal primary drinking water standard maximum contaminant levels based on a running average for the period from July 1, 2018, through December 31, 2019. (b) In the case of a water corporation, the state board shall provide a copy of the notice to the Public Utilities Commission and the Public Utilities Commission shall be responsible with the state board for ensuring compliance with this part. 78031. An entity receiving a notice pursuant to subdivision (a) of Section 78030 shall respond to the state board and, if appropriate, the Public Utilities Commission, within 60 days of receiving the notice as to whether the violations of drinking water standards are remedied and the basis for that conclusion. 78032. (a) (1) If an entity receiving a notice pursuant to subdivision (a) of Section 78030 reports pursuant to Section 78031 that a violation of drinking water standards is continuing, the entity shall have 180 days from the date of the response filed with the state board pursuant to Section 78031 to prepare and submit a plan to the state board to permanently remedy a violation of drinking water standards within a reasonable time that is not later than January 1, 2025. (2) The state board shall review a plan submitted pursuant to paragraph (1) and, within 60 days of receipt, shall accept, accept with reasonable conditions, or reject the plan. (3) The state board shall not accept the plan with reasonable conditions or reject the plan without meeting with the entity at least 15 days before the acceptance with reasonable conditions or rejection of the plan. The state board may extend the 60-day period described in paragraph (2) by no more than 180 days in order to allow for full consultation and collaboration between the state board and the entity, with the goal of that full Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 9 of 25 3/6/2019, 8:29 AM consultation and collaboration being a mutually agreeable plan to remedy the violations of drinking water standards in a timely manner. The state board shall not unreasonably withhold or delay approval of a plan or impose unreasonable conditions on a plan. (b) If an entity receiving a notice pursuant to subdivision (a) of Section 78030 has begun a remediation plan under the authority of the state board, a California regional water quality control board, the Public Utilities Commission, or a local agency formation commission, the state board shall deem the remediation plan acceptable without additional conditions. (c) (1) If the state board accepts the plan or accepts the plan with conditions, the entity shall provide quarterly reports to the state board on progress towards a permanent remedy for the violations of drinking water standards and the state board shall hold an annual public hearing to consider whether progress is satisfactory. (2) If the state board rejects the plan, the state board shall cause the formation of an authority, subject to the provisions of subdivision (d), by the applicable local agency formation commission, in accordance with Section 78034, to serve the customers of the public water system that submitted the plan the state board rejects, if the state board makes all of the following findings: (A) The continued operation of the public water system in its current condition is a threat to public health and safety. (B) The public water system lacks the financial, managerial, or technical resources required to remedy the violation of state or federal primary drinking water standards, which results in the entity’s inability to remain operationally viable as a public water system. (C) There is no reasonable alternative that would protect the public drinking water supplies of the public water system other than for there to be the formation of an authority to serve the customers of the public water system. (3) If the state board is unable to make all of the findings in paragraph (2), the state board shall do either of the following: (A) Exercise its authority to remedy the failure to meet applicable drinking water standards pursuant to Article 9 (commencing with Section 116650) of Chapter 4 of Part 12 of Division 104 of the Health and Safety Code. (B) Use existing funding sources and existing legal authority to remedy the failure to meet applicable drinking water standards. (d) Before causing the formation of an authority by the applicable local agency formation commission, the state board shall provide the entity with a period of 15 business days from the date on which the state board issues a written determination rejecting the plan to file a petition for reconsideration. The state board shall, if so requested by the entity, hold an evidentiary hearing under the provisions of the Administrative Procedure Act that shall commence within 90 days of the date on which the petition for reconsideration is filed with the state board and shall issue a final order not later than 60 days after the close of the evidentiary hearing. If the entity does not request an evidentiary hearing, the state board shall issue a final order not later than 60 days after the date on which the entity files its petition for reconsideration. (e) If the state board and the Public Utilities Commission reject the plan of a water corporation regulated by the commission, the commission shall proceed with the consolidation or receivership, or both, under the commission’s existing programs, or, in consultation with the state board, the commission shall cause the dissolution and transfer of assets of the water corporation into an authority pursuant to paragraph (2) of subdivision (a) of Section 78037. 78033. (a) (1) No later than July 1, 2021, the state board shall provide written notice to each county, city, water district, private water company, or mutual water company located within a county where an entity receiving a notice under subdivision (a) of Section 78030 is located stating that the state board may consider the formation of an authority within that county and inviting other public water suppliers to consider a voluntary dissolution and subsequent inclusion into the authority that may be formed. (2) (A) An entity wishing to consolidate into a proposed authority shall provide a written statement opting into an authority to the administrator of the authority on or before December 31, 2021. After the formation of an authority, an entity wishing to join an authority may do so by means of a proposal or petition to the local agency formation commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 10 of 25 3/6/2019, 8:29 AM (B) (i) The customers of an entity identified in paragraph (1) may submit a petition to the administrator of a proposed authority on or before December 31, 2021, that their public water system be included in the proposed authority by filing a petition containing the signatures of either of the following, whichever is less: (I) One thousand residents of the area served by the public water system (II) Ten percent of the service connections of the public water system. (ii) If a petition is timely submitted under this subparagraph, the administrator shall deem that petition to be a request by the entity to be included within the authority. The administrator may deny the request if the administrator determines that including the entity would substantially increase the costs for other anticipated customers of the authority or if the administrator determines that the consolidation of the water systems cannot be accomplished in a successful manner in a reasonable period of time, taking into account economic, environmental, legal, social and technological factors. (b) On or before November 1, 2021, a county or city receiving notice from the state board pursuant to subdivision (a) shall determine whether any county service areas, county waterworks districts, or other dependent special districts providing water service or water and sewer service located within the county that provide water service or water and sewer service only in the proposed area of the authority should be included within the proposed authority. If the governing board of the county or city determines that the dependent special district should be included within the proposed authority, the county or city shall provide a written statement on behalf of the dependent special district opting into an authority to the administrator of the authority on or before December 1, 2021. After the formation of an authority, a county or city that concludes that a dependent special district should be consolidated into an authority shall make a proposal or petition to the local agency formation commission for the consolidation pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (c) An authority may include areas that are not contiguous. (d) No later than November 1, 2021, the administrator for an authority shall consult with all entities identified pursuant to subdivision (a) to provide advice as to the advantages and disadvantages of opting into being included in the authority. 78034. (a) No later than 30 days after the rejection of a plan pursuant to Section 78032, the state board shall notify a local agency formation commission of a county where the public water system that submitted the plan is located, and, if appropriate given the governance of the public water system, the Public Utilities Commission, that it has determined that the public water system shall be consolidated into an authority. (b) No later than 60 days after the rejection of a proposed plan, the state board shall do both of the following: (1) Notify the appropriate state agency identified in subdivision (a) of the public water systems that will be consolidated into an authority. (2) Appoint an independent administrator pursuant to Section 78035 for each proposed authority who shall be responsible for the preparation of a plan for service and interim administration and management of the authority. 78035. (a) On or before March 1, 2022, the administrator, after consultation with the executive officer of the local agency formation commission, shall submit to the state board a conceptual formation plan that includes all of the following: (1) The public water system service areas to be served by the authority. (2) The population to be served by the authority. (3) The available infrastructure to be used by the authority and any known deficiencies. (4) The recorded violations of drinking water standards and the nature of the threat to public health and safety. (5) Financial and operational provisions to be addressed in the plan for service pursuant to Section 78038. (6) A plan for the provision of safe and clean water supplies to the customers of the public water system being included in the authority from the date of submission until the date upon which all infrastructure repair, construction, rehabilitation, or reconstruction needed to provide safe and clean drinking water is completed. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 11 of 25 3/6/2019, 8:29 AM (b) The state board shall provide comments on the conceptual formation plan to the administrator and applicable local agency formation commission within 60 days of its receipt. (c) The state board or an authority may determine the legality of the existence of the authority or validate the financial provisions of an interim plan in an action brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. 78036. (a) On or before March 1, 2021, the state board shall establish and publish a list of individuals who meet the qualifications in subdivision (e) to serve as administrators pursuant to this division. (b) A single administrator may provide services to several authorities if, in the judgment of the state board, the services can be provided in a manner that achieves the purposes of this division. (c) An administrator, who may be an employee of a consulting firm, shall provide or contract for administrative and managerial service to establish the authority, retain staff and consultants, and commence the remediation of the violations of drinking water standards. (d) The state board shall bear the cost of the administrator and be responsible for all compensation of and reasonable expenses incurred by the administrator for the duration of the period that the administrator serves the authority. (e) The minimum qualifications and selection process for an administrator appointed by the state board pursuant to this division shall be consistent with the minimum qualifications and selection process for administrators appointed in accordance with paragraph (1) of subdivision (m) of Section 116686 of the Health and Safety Code. (f) An administrator shall serve at the pleasure of the state board until whichever of the following dates occurs earlier: (1) The local agency formation commission issues a notice of completion of the plan for service pursuant to Section 78038. (2) Three years from the date that the local agency formation commission forms an authority. (3) No sooner than 30 days after the appointment of a general manager by the board of the authority, at which date the services of the administrator shall be terminated. 78037. (a) (1) No later than 240 days after the state board issues a notice pursuant to paragraph (1) of subdivision (b) of Section 78034, the Public Utilities Commission shall order the dissolution of the public water system and the transfer of all assets of the water corporation subject to this paragraph to the authority formed by the local agency formation commission. (2) No later than 240 days after the state board issues a notice pursuant to paragraph (1) of subdivision (b) of Section 78034, the state board shall petition a court of competent jurisdiction for an order dissolving any mutual water company, water corporation, or private corporation that has been operating a public water system identified in subdivision (a) of Section 78034 and transferring the assets of that company or corporation to the authority formed by the local agency formation commission. (b) An owner or shareholder of a water corporation or a mutual water company consolidated into an authority pursuant to subdivision (a) shall be compensated as follows: (1) Within 180 days of the dissolution, the state board shall cause to be prepared a distressed business valuation to determine the net fair market value of the corporation or company, calculated as follows: (A) The assets of the water corporation or mutual water company shall be calculated by estimating the net book value of all assets, including, but not limited to, cash and investments, receivables, prepaid expenses, water in storage, real property, water rights, structures and improvements, equipment, general facilities, and other assets. (B) Notwithstanding subparagraph (A), water rights shall be appraised at their market value if both of the following requirements are met: (i) The water rights provide for the extraction of groundwater in a groundwater basin that has been fully adjudicated and wherein the production right of the water corporation or mutual water company has been determined in that adjudication. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 12 of 25 3/6/2019, 8:29 AM (ii) The market valuation is calculated so as to exclude any capital or operating costs that may be required to bring the water being produced under the water right into full compliance with all state and federal law. (C) The liabilities of the water corporation or mutual water company shall be calculated by estimating the financial liabilities, including, but not limited to, accounts payable, unfunded pension or other benefit liabilities, notes payable, bonds payable, as well as outstanding fines, fees, or other assessments for drinking water or other public health violations, estimated costs for outstanding litigation and other anticipated liabilities, and the estimated costs to bring all structures and works into good repair and in compliance with contemporary water infrastructure and drinking water standards. (2) Upon issuance by the state board of the distressed business valuation determining the net fair market value, the authority may seek an order for immediate possession of all of the assets and liabilities of the corporation or company using the procedures set forth in Article 3 (commencing with Section 1255.410) of Chapter 6 of Title 7 of Part 3 of the Code of Civil Procedure. A court shall grant immediate possession if the court determines that the procedures in this section have been followed. Judicial review of the determinations by the state board shall be based on substantial evidence in the record before the state board. (3) If an owner or shareholder disputes the distressed business valuation of the state board, the owner or shareholder may file an action pursuant to Section 1094.5 of the Code of Civil Procedure seeking a writ of mandate overturning the valuation. An action pursuant to this paragraph shall have preference in the civil calendar. (4) Payment of the net fair market value of the water corporation or mutual water company, with interest accruing from the effective date of dissolution, shall be paid by the authority within two years of the authority’s formation from the proceeds of bond sales or other available funds derived from rates, fees, charges, taxes, or other revenue sources. (5) The authority shall assume all obligations and liabilities of the public water system. After paying the net fair market value to the owners or shareholders of a water corporation or mutual water company, the authority may receive financing from the state to pay all liabilities. The authority shall issue bonds to repay the state with interest for those liabilities pursuant to Part 8 (commencing with Section 78100). (c) At the time a water corporation or a mutual water company is dissolved and consolidated into an authority pursuant to subdivision (a), if there is pending any action in state or federal court or other judicial proceeding brought or maintained by the water corporation or mutual water company for damages to property associated with contamination or pollution of its water supply against one or more responsible parties, both of the following apply: (1) The water corporation’s or mutual water company’s rights, interests, claims, and causes of action in the action or proceeding shall be deemed transferred, as that term is used in Section 954 of the Civil Code and Section 368.5 of the Code of Civil Procedure, to the authority. (2) The authority shall assume any and all contractual obligations of the water corporation or mutual water company owed to any attorney or law firm in connection with the attorney’s or firm’s representation of the water corporation or mutual water company in connection with the action or proceeding. 78038. (a) Within 180 days after the state board provides comments on the draft conceptual formation plan pursuant to subdivision (b) of Section 78035, the administrator shall submit an application for the dissolution and formation and proposed plan for service to the local agency formation commission for review and potential approval pursuant to Part 3 (commencing with Section 56650) of Division 3 of Title 5 of the Government Code. An application to form an authority shall include at least five public water systems, unless the administrator determines that the authority would be financially and operationally viable with fewer than five public water systems, and may include the following: (1) A public water system from a county service area or other dependent special district. (2) A public water system that has been meeting drinking water standards and that wishes to join the proposed authority. (3) A public water system identified by the state board as chronically serving water that fails to meet drinking water standards in the county in which the proposed authority will be formed. (4) A public water system for which a petition was submitted to the administrator pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 78033 and not denied by the administrator. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 13 of 25 3/6/2019, 8:29 AM (b) A proposed plan for service shall include all of the following information, as well as any additional information required or requested by the local agency formation commission or its executive officer: (1) In the case of the formation of an authority that does not involve the dissolution of an existing special district, the plan for service shall include all of the following: (A) An enumeration and description of the services currently provided and to be extended to the affected territory, including the level and range of those services and an indication of when those services can feasibly be extended to the affected territory. (B) An indication of any improvement or upgrading of water facilities, or other conditions the authority would impose or require within the affected territory. (C) Information with respect to how the services to be provided by the authority will be financed, in accordance with Articles XIII, XIII A, XIII C, and XIII D and any other applicable provisions of the California Constitution, that shall include all of the following: (i) The necessary financial resources to improve or upgrade water facilities or other infrastructure identified in the formation application. (ii) A discussion of the economies of scale that accrue when several small organizations are consolidated into a single authority. (iii) An estimated timeframe for constructing and delivering the services identified in the formation application. (iv) The operation and maintenance needs of the authority. (v) Financial plans for the financing of capital improvements, operation and maintenance of facilities, and operation of the authority. (vi) The governance, oversight, and long-term maintenance of the services identified in the formation application after the initial costs are recouped and any tax increment financing terminates. (D) Information showing how the area currently being serviced by a public water system that will be included within an authority will be served with water during the period when the authority is being formed until the completion of all capital improvement projects needed to provide safe and clean drinking water. (2) In the case of the formation of an authority that includes dissolution of an existing special district, the plan for services shall include all of the following: (A) All of the elements required pursuant to subparagraphs (A) to (C), inclusive, of paragraph (1). (B) An enumeration and description of the services currently provided by the special district proposed for dissolution and identification of the authority proposed to be formed by the successor to assume responsibility for the services following completion of the dissolution. (C) An enumeration and description of each service proposed to be discontinued or transferred, the current financing of each service, and any method of financing proposed by the successor. (D) A delineation of any existing financing of services currently provided to include, but not be limited to, bonds, assessments, general taxes, special taxes, other charges, and joint powers authorities or agreements. (E) Information about any current bankruptcy proceeding, including, but not limited to, the status and exit plan. (F) Information about any current order relating to services provided by the special district proposed for dissolution by any agency, department, office, or other division of the state, including, but not limited to, a cease and desist order or water prohibition order. (G) Information showing how the area currently being serviced by a public water system that will be included within an authority will be served with water during the period when the authority is being formed until the completion of all capital improvement projects needed to provide safe and clean drinking water. (H) Any other information that the local agency formation commission or its executive officer may deem necessary to evaluate the plan for services submitted. (3) A statement by the administrator that the administrator has consulted with representatives of the entities whose customers will be served by the authority to consider the plan for service. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 14 of 25 3/6/2019, 8:29 AM (c) (1) If the administrator determines that the formation of an authority would be infeasible for financial, technical, or operational reasons, or would not provide the necessary economies of scale or operating benefits, the administrator may set forth those conclusions in a report to the state board in lieu of submitting a plan for service to the local agency formation commission. (2) The report to the state board shall be submitted at the same time that the administrator would have submitted the application for consolidation to the local agency formation commission. (3) If the state board receives notice from the administrator pursuant to paragraph (1), the state board shall, based on substantial evidence, determine whether the following conditions are present: (A) The continued operation of the public water system in its current condition is a threat to public health and safety. (B) The public water system lacks the financial, managerial, or technical resources required to remedy the violation of state or federal primary drinking water standards, which results in the entity’s inability to remain operationally viable as a public water system. (4) If the state board makes both of the findings in paragraph (3), the state board shall do either of the following: (A) Exercise its authority to remedy the failure to meet applicable drinking water standards pursuant to Article 9 (commencing with Section 116650) of Chapter 4 of Part 12 of Division 104 of the Health and Safety Code. (B) Use existing funding sources and existing legal authority to remedy the failure to meet applicable drinking water standards. (d) (1) If the local agency formation commission approves the plan and the formation of the authority, the authority shall take the appropriate actions to comply with the plan, subject to Articles XIII, XIII A, XIII C, and XIII D and any other applicable provisions of the California Constitution. (2) If the local agency formation commission approves the plan and the formation of the authority with modifications, the authority shall take the appropriate actions to comply with the modifications within 180 days of the plan’s approval with modifications in accordance with Articles XIII, XIII A, XIII C, and XIII D and any other applicable provisions of the California Constitution. (3) An authority subject to paragraph (1) or (2) shall file a statement, under penalty of perjury, with the executive officer of the local agency formation commission certifying compliance with the plan. An authority shall take the appropriate actions to comply with Articles XIII, XIII A, XIII C, and XIII D and any other applicable provisions of the California Constitution and shall file a statement, under penalty of perjury, with the executive officer of the local agency formation commission certifying the compliance. Within 30 days of filing a statement, the executive officer of the local agency formation commission shall issue a notice of completion to the authority and send a copy of that notice to the state board. In the event that the authority fails to timely file a statement certifying compliance with the plan, the state board may issue an order to the authority requiring the filing or other remedial action as may be appropriate. (e) An authority is deemed to be a successor agency to an entity identified in subdivision (a) of Section 78030. An action described in this chapter shall not affect an authority’s eligibility or priority for a state loan or grant. 78039. Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to either of the following: (a) The formation of an authority pursuant to this chapter. (b) The dissolution of a public water system pursuant to this chapter. 78040. (a) Annually for the first three years after the date of an authority’s formation by the local agency formation commission, an authority shall file a report with the local agency formation commission and state board as follows: (1) The report shall contain both of the following: (A) A description of operations over the past year. (B) Details of any violations of drinking water standards and the actions taken to remediate a violation. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 15 of 25 3/6/2019, 8:29 AM (2) The administrator or, after the discharge of the administrator, the general manager of the authority shall submit the report. (3) A certificate stating that the report consists of a true, full, and complete description of the activities of the authority during the past year shall accompany the report. (b) A local agency formation commission shall hold a public hearing within 90 days of receipt of a report pursuant to subdivision (a) to review the authority’s performance during the previous year. If a report states that an authority has failed to comply with any conditions imposed by the commission on either the original formation or the plan for service adopted pursuant to Section 78038, the state board may order the authority to remedy the violations within a reasonable period of time. If an authority fails to timely comply with a remedial order by the state board, the state board may impose a civil penalty on the authority in an amount not to exceed five hundred dollars ($500) per day for each violation and not to exceed ten thousand dollars ($10,000) per year for each particular violation. 78041. (a) No later than January 1, 2026, the Controller shall prepare, or cause the preparation of, and submit to the Legislature a report that does all of the following: (1) Reviews and evaluates the startup operations of the authorities, in terms of timeliness and cost-effective provision of safe and clean water. (2) Evaluates the fiscal and operational health of the authorities. (3) Makes a recommendation regarding the need for supplemental state funding, if any, and the potential sources of that funding. (b) In preparing the report, the Controller may consult with any individual or organization the Controller deems appropriate, including, but not limited to, the state board, the Association of California Water Agencies, the California Association of Local Agency Formation Commissions, the California Municipal Utilities Association, the California Association of Mutual Water Companies, or the California State Association of Counties. (c) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2030. 78042. (a) No later than January 1, 2026, the state board shall prepare and submit to the Legislature a report specifying the number of public water systems that, at any time between July 1, 2018, and January 1, 2025, were out of compliance with one or more state or federal primary drinking water standards on a running annual average. The report shall identify the public water systems that satisfy any of the following conditions: (1) Were brought into compliance with the applicable drinking water standards through the creation of an authority pursuant to this division. (2) Were brought into compliance with the applicable drinking water standards pursuant to Article 9 (commencing with Section 116650) of Chapter 4 of Part 12 of Division 104 of the Health and Safety Code. (3) Remain out of compliance with the applicable drinking water standards. (b) For those public water systems that remain out of compliance with those standards as of January 1, 2025, the report shall propose one or more plans that will, using financial and other resources then available to the state board to the greatest extent feasible, bring those public water systems into compliance with the applicable drinking water standards by January 1, 2029. (b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (2) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed under subdivision (a) is inoperative on January 1, 2030. PART 5. Internal Organization CHAPTER 1. Directors 78045. (a) The initial board of an authority shall consist of an odd number of directors composed as follows: Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 16 of 25 3/6/2019, 8:29 AM (1) One representative from each entity consolidated into the authority appointed by the entity before its dissolution. (2) One representative from the board of supervisors. (3) Additional directors, as needed, appointed by the board of supervisors to comprise at least a five-member board of directors, if one of the entities does not appoint a director. (b) The public water system representatives in consultation with the administrator shall determine the final number of directors that will compose the initial board if it will consist of more than five members because of the number of former public water systems included in the authority. If the number of directors cannot be agreed upon by the representatives of the public water systems that will become part of the authority in a timely manner, the local agency formation commission shall determine the number of directors that will compose the initial board. (c) If the initial board consists of five members, the directors shall classify themselves by lot so that two of them shall hold office until the qualification of their successors after the first general district election and three of them shall hold office until the election and qualification of their successors and the second general district election. If the initial board of directors consists of more than five members, the local agency formation commission shall provide for the classification of directors so as to provide that not more than a majority of the directors stand for election every two years. (d) If the initial board consists of more than five members, the administrator shall include, as part of the plan for service, after consultation with the representatives of public water systems, and the local agency formation commission shall include, as part of the order forming the authority, a transitional plan that will bring the number of directors to five within a reasonable period of time. To the extent practicable, the transitional plan shall ensure that each director represents a division with equal population being served by the authority and that the final divisions are drawn so as to ensure that each director represents a division with equal population being served by the authority. 78046. (a) A director shall be a resident of the area served by the authority. To the extent practicable, a director shall represent a division with equal population being served by the authority. If a director moves residence, as defined in Section 244 of the Government Code, outside of the area served by the authority, the director shall have 180 days after the move to reestablish a place of residence within the area served by the authority. If a director cannot establish a place of residence, it shall be presumed that a permanent change of residence has occurred and that a vacancy exists on the board of directors pursuant to Section 1770 of the Government Code. (b) Each elected director shall hold office for a term of four years. A director elected to office shall take office at noon on the first Friday in December succeeding the director’s election. (c) Whenever a vacancy occurs in the office of director it shall be filled pursuant to Section 1780 of the Government Code by a qualified person. 78047. Notwithstanding Section 20201, a director shall receive compensation in an amount not to exceed two hundred fifty dollars ($250) per day for each day’s attendance at meetings of the board or for each day’s service rendered as a director by request of the board, not exceeding a total of 10 days in any calendar month, together with any expenses incurred in the performance of the director’s duties required or authorized by the board. For purposes of this section, the determination of whether a director’s activities on any specific day are compensable shall be made pursuant to, and reimbursement for these expenses is subject to, Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. The board may adjust the compensation for directors pursuant to Chapter 2 (commencing with Section 20200) of Division 10. CHAPTER 2. The Board 78050. (a) The board is the governing body of the authority. (b) The board shall hold its first meeting as soon as possible after the selection of the first board of directors and not later than the sixth Monday after the date of the formation. (c) At its first meeting, the board shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 17 of 25 3/6/2019, 8:29 AM (d) At its first meeting, and its first meeting in the month of January of each odd-numbered year, the board shall elect one of its members as president. The board may, at any meeting, elect one of its members as vice president. If the president is absent or unable to act, the vice president shall exercise the powers of the president granted in this division. (e) A majority of the board shall constitute a quorum for the transaction of business. However, no ordinance, motion, or resolution may become effective without the affirmative vote of a majority of the members of the board. (f) The board shall act only by ordinance, resolution, or motion. Votes of the members of the board shall not be cast or exercised by proxy. (g) On all ordinances the roll shall be called and the ayes and noes shall be recorded in the journal of the proceedings of the board. (h) The board may adopt resolutions or motions by voice vote, but on demand of any member of the board, the roll shall be called. (i) The board may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. 78051. (a) The board shall exercise and perform all powers, privileges, and duties of an authority. (b) Any executive, administrative, and ministerial powers may be delegated and redelegated by the board to any of the offices created by this division or by the board. (c) The board may fix the time and place or places at which its regular meetings will be held and shall provide for the calling and holding of special meetings. (d) The board may fix the location of the principal place of business of the authority and the location of all offices and departments maintained under this division. (e) The board may, by ordinance, prescribe a system of business administration. (f) The board may create any necessary offices and establish and reestablish the powers, duties, and compensation of all officers and employees. (g) The board may require and fix the amount of all official bonds necessary for the protection of the funds and property of the authority. (h) The board may, by ordinance, prescribe a system of civil service. (i) The board may, by ordinance, delegate and redelegate to the officers of the authority the power to employ clerical, legal, and engineering assistants and labor. (j) The board may prescribe a method of auditing and allowing or rejecting claims and demands. (k) The board shall designate a depository or depositories to have the custody of the funds of the authority, all of which depositories shall give security sufficient to secure the authority against possible loss, and who shall pay the warrants drawn by the authority’s treasurer for demands against the authority under any rules the directors may prescribe. (l) An authority may issue bonds, borrow money, and incur indebtedness as authorized by law. (m) An authority may refund bonds, loans, or indebtedness by the issuance of the same obligations following the same procedure or retire any indebtedness or lien that may exist against the authority or its property. (n) An authority may insure its directors, officers, assistants, employees, agents, and deputies for injury, death, or disability incurred while engaged in the business of the authority and the cost of the insurance is a proper charge against the authority. The insurance is in addition to any compensation secured under the provisions of Division 4 (commencing with Section 3200) of the Labor Code and inuring to the benefit of the director, officer, deputy, assistant, employee, or agent, or their beneficiary or heir. 78052. Within 180 days of its initial meeting after formation, the board shall file a certificate with the Secretary of State that includes all of the following: (a) The name of the authority. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 18 of 25 3/6/2019, 8:29 AM (b) The date of formation. (c) Any county in which the authority is located and a legal description of the boundaries of the authority, a reference to a map showing the boundaries of the authority, or a reference to a map on file with a county recorder’s office showing the boundaries of the authority. (d) An identification of all of the public agencies, water corporations, or mutual water companies that were consolidated into the authority. CHAPTER 3. Officers and Employees 78055. (a) At its first meeting, or as soon as practicable, the board shall appoint, by a majority vote, a secretary, treasurer, attorney, general manager, and auditor. The board, at any meeting, may appoint a deputy secretary and a deputy treasurer. The board shall define the duties of these officers and fix their compensation. Each officer shall serve at the pleasure of the board. A deputy director, deputy secretary, attorney, general manager, and auditor shall not be directors, but the secretary and treasurer may be directors. (b) The officers appointed pursuant to subdivision (a) shall, until such time as the local agency formation commission issues a notice of completion, pursuant to Section 78038, take direction from the administrator appointed by the state board. (c) The board may employ additional assistants, contractors, and employees as the board deems necessary to efficiently maintain and operate the authority. (d) The board may consolidate the offices of secretary and treasurer. 78056. (a) The president and secretary, in addition to the duties imposed on them by law, shall perform any duties that may be imposed on them by the board. (b) The treasurer, or other person as may be authorized by the board, shall draw checks or warrants to pay demands when the demands have been audited and approved in the manner prescribed by the board. (c) Subject to the approval of the board, the general manager shall have full charge and control of the maintenance, operation, and construction of the waterworks or waterworks system of the authority, with full power and authority to employ and discharge all employees and assistants, other than those described in subdivision (a) of Section 78055, at pleasure, prescribe their duties, and fix their compensation. (d) The general manager shall perform duties as may be imposed on the general manager by the board. The general manager shall report to the board in accordance with the rules and regulations adopted by the board. (e) The attorney shall be the legal adviser of the authority and shall perform any other duties that may be prescribed by the board. (f) The general manager, secretary, and treasurer, and other employees or assistants of the authority designated by the board, shall give any bonds to the authority conditioned for the faithful performance of their duties that the board from time to time may provide. The premiums on the bonds shall be paid by the authority. PART 6. Elections 78060. Elections shall be conducted pursuant to the provisions of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). PART 7. Powers and Purposes CHAPTER 1. Powers Generally 78065. An authority may exercise the powers that are expressly granted by this division or are necessarily implied. 78066. An authority may have perpetual succession. An authority may adopt a seal and alter it at pleasure. 78067. An authority may make contracts, employ labor, and do all acts necessary for the full exercise of its powers. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 19 of 25 3/6/2019, 8:29 AM 78068. (a) An authority may provide by ordinance for the pensioning of officers or employees, for the terms and conditions under which the pensions shall be awarded, and for the time and extent of service of officers or employees before the pensions shall be available to them. (b) An authority may contract with any insurance corporation, the Public Employees’ Retirement System, or any other insurance carrier for the maintenance of a service covering the pension of the authority officers or employees and for their health and accident insurance coverage. 78069. An authority may disseminate information concerning the rights, properties, and activities of the authority. The power shall not be construed as an exception to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). 78070. An authority may, by resolution, obtain membership in an association having for its purpose the furtherance of a subject relating to the powers and duties of the authority and for the interchange of information relating to those powers and duties. An authority may appropriate the funds necessary for these purposes. 78071. An authority may, by resolution of the board of directors spread on its minutes, change the name of the authority. Certified copies of the resolution changing the name of the authority shall be recorded in the office of the county recorder of every affected county and sent to the county clerk of every affected county and to the state board. 78072. Every person convicted of an infraction for a violation of any local ordinance or regulation adopted pursuant to this division shall be punished upon a first conviction by a fine not exceeding fifty dollars ($50) and for a second conviction within a period of one year by a fine of not exceeding one hundred dollars ($100) and for a third or any subsequent conviction within a period of one year by a fine of not exceeding two hundred fifty dollars ($250). 78073. (a) In order to enforce the provisions of any ordinance of the authority, including an ordinance fixing charges for the furnishing of commodities or services, the authority may correct any violation of an ordinance of the authority. The authority may also petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining any person from the continued violation of any ordinance of the authority or for the issuance of an order stopping or disconnecting a service if the charges for that service are unpaid at the time specified in the ordinance. (b) The authority may enter upon the private property of any person within the jurisdiction of the authority in order to investigate possible violations of an ordinance of the authority. The investigation shall be made with the consent of the owner or tenant of the property or, if consent is refused, with a warrant duly issued pursuant to the procedures set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, except that, notwithstanding Section 1822.52 of the Code of Civil Procedure, the warrant shall be issued only upon probable cause. (c) The authority shall notify the county or city building inspector, county health inspector, or other affected county or city employee or office, in writing, within a reasonable time if an actual violation of an authority, city, or county ordinance is discovered during the investigation. CHAPTER 2. Water 78075. (a) An authority may acquire, control, distribute, store, spread, sink, treat, purify, recycle, recapture, and salvage any water, including sewage and stormwater, for the beneficial use of the authority. (b) An authority may undertake a water conservation program to reduce water use and may require, as a condition of new service, that reasonable water-saving devices and water reclamation devices be installed to reduce water use. (c) An authority may sell water under its control, without preference, to cities, other public corporations, agencies, and persons, within the authority for use within the authority. (d) An authority may fix the rates at which water shall be sold. Different rates may be established for different classes or conditions of service, but rates shall be uniform throughout the authority for like classes and conditions of service. Rates fixed by an authority shall result in revenues that will do all of the following: (1) Pay the operating expenses of the authority. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 20 of 25 3/6/2019, 8:29 AM (2) Provide for repairs and depreciation of works. (3) Provide a reasonable surplus for improvements, extensions, and enlargements. (4) Pay the interest on any bonded debt. (5) Provide a sinking or other fund for the payment of the principal of the bonded debt as it becomes due. (e) An authority furnishing water for residential use to a tenant shall not seek to recover any charge or penalty for the furnishing of water to or for the tenant’s residential use from any subsequent tenant on account of nonpayment of charges by a previous tenant. The authority may require that service to subsequent tenants be furnished on the account of the landlord or property owner. 78076. (a) Pursuant to the notice, protest, and hearing requirements imposed by Section 53753 of the Government Code, an authority, by ordinance on or before the third Monday in August in each fiscal year, may fix a water standby assessment or availability charge in the authority or in any portion of the authority to which the authority makes water available, whether the water is actually used or not. (b) The standby assessment or availability charge shall not exceed one hundred dollars ($100) per acre per year for each acre of land on which the charge is levied or one hundred dollars ($100) per year for a parcel less than one acre. (c) The ordinance fixing a standby assessment or availability charge shall be adopted by the board pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code and only after adoption of a resolution setting forth the particular schedule or schedules of charges or assessments proposed to be established by ordinance and after a hearing on the resolution. (d) If the procedures set forth in this section were followed, the board may, by ordinance, continue the standby assessment or availability charge pursuant to this chapter in successive years at the same rate. If new, increased, or extended assessments are proposed, the board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (e) An ordinance fixing a standby assessment or availability charge may establish a schedule varying the charges according to land uses, water uses, and degree of water availability. (f) On or before the third Monday in August, the board shall furnish in writing to the board of supervisors and the county auditor of each affected county a description of each parcel of land within the authority upon which a standby charge is to be levied and collected for the current fiscal year, together with the amount of standby charge fixed by the authority on each parcel of land. (g) The board shall direct that, at the time and in the manner required by law for the levying of taxes for county purposes, the board of supervisors shall levy, in addition to any other tax it levies, the standby charge in the amounts for the respective parcels fixed by the board. (h) All county officers charged with the duty of collecting taxes shall collect authority standby charges with the regular tax payments to the county. The charges shall be collected in the same form and manner as county taxes are collected, and shall be paid to the authority. (i) Charges fixed by the authority shall be a lien on all the property benefited by the charges. Liens for the charges shall be of the same force and effect as other liens for taxes, and their collection may be enforced by the same means as provided for the enforcement of liens for state and county taxes. 78077. (a) An authority may restrict the use of authority water during any emergency caused by drought, or other threatened or existing water shortage, and may prohibit the wastage of authority water or the use of authority water during periods for any purpose other than household uses or other restricted uses as the authority determines to be necessary. An authority may also prohibit use of authority water during these periods for specific uses that it finds to be nonessential. (b) An authority may prescribe and define by ordinance the restrictions, prohibitions, and exclusions referred to in subdivision (a). The ordinance is effective upon adoption; but, within 10 days after its adoption, the ordinance shall be published pursuant to Section 6061 of the Government Code in full in a newspaper of general circulation that is printed, published, and circulated in the authority. If there is no newspaper of general circulation printed, published, and circulated in the authority, the ordinance shall be posted within 10 days after its adoption in three public places within the authority. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 21 of 25 3/6/2019, 8:29 AM (c) A finding by the board upon the existence, threat, or duration of an emergency or shortage, or upon the matter of necessity or of any other matter or condition referred to in subdivision (a), shall be made by resolution or ordinance. The finding is prima facie evidence of the fact or matter so found, and the fact or matter shall be presumed to continue unchanged unless and until a contrary finding is made by the board by resolution or ordinance. (d) The finding made by the board pursuant to subdivision (c) shall be received in evidence in any civil or criminal proceeding in which it may be offered, and shall be proof and evidence of the fact or matter found until rebutted or overcome by other sufficient evidence received in the proceeding. A copy of any resolution or ordinance setting forth the finding shall, when certified by the secretary of the authority, be evidence that the finding was made by the authority as shown by the resolution or ordinance and certification. (e) From and after the publication or posting of any ordinance pursuant to subdivision (b), and until the ordinance has been repealed or the emergency or threatened emergency has ceased, it is a misdemeanor for any person to use or apply water received from the authority contrary to or in violation of any restriction or prohibition specified in the ordinance. Upon conviction, such a person shall be punished by imprisonment in the county jail for not more than 30 days, or by fine not exceeding six hundred dollars ($600), or by both. CHAPTER 3. Property 78080. An authority may, within or without the authority, take real and personal property of every kind by grant, purchase, gift, device, or lease, and hold, use, enjoy, lease, or dispose of real and personal property of every kind. 78081. An authority may do all of the following: (a) Acquire, or contract to acquire, waterworks or a waterworks system, waters, water rights, lands, rights, and privileges. (b) Construct, maintain, and operate conduits, pipelines, reservoirs, works, machinery, and other property useful or necessary to store, convey, supply, or otherwise make use of water for a waterworks plant or system for the benefit of the authority. (c) Complete, extend, add to, repair, or otherwise improve any waterworks or waterworks system acquired by the authority. (d) Carry on and conduct waterworks or a waterworks system. 78082. An authority may lease from any person, or public corporation or agency, with the privilege of purchasing or otherwise, all or any part of water storage, transportation, or distribution facilities, existing waterworks, or a waterworks system. 78083. An authority may exercise the right of eminent domain to take any property necessary to supply the authority or any portion of the authority with water. The authority, in exercising the power, shall, in addition to the damage for the taking, injury, or destruction of property, also pay the cost of removal, reconstruction, or relocation of any structure, railways, mains, pipes, conduits, wires, cables, or poles of any public utility that is required to be removed to a new location. 78084. An authority may construct works along and across any stream of water, watercourse, street, avenue, highway, canal, ditch, or flume, or across any railway that the route of the works may intersect or cross. The works shall be constructed in such a manner as to afford security for life and property, and the authority shall restore the crossings and intersections to their former state as near as may be, or in a manner so as not to have impaired unnecessarily their usefulness. CHAPTER 4. Contracts 78085. Contracts mentioned in this chapter include those made with the United States under the Federal Reclamation Act of June 17, 1902, and all acts amendatory thereof or supplementary thereto, or any other act of Congress heretofore or hereafter enacted permitting cooperation. 78086. An authority may join with one or more public agencies, private corporations, or other persons for the purpose of carrying out any of the powers of the authority, and for that purpose may contract with any other public agencies, private corporations, or persons to finance acquisitions, construction, and operations. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 22 of 25 3/6/2019, 8:29 AM 78087. The contracts with other public agencies, private corporations, or persons may provide for contributions to be made by each party to the contract, for the division and apportionment of the expenses of the acquisitions and operations, and for the division and apportionment of the benefits, services, and products from the contract. The contracts may also provide for an agency to effect the acquisitions and to carry on the operations, and shall provide in the powers and methods of procedure for the agency the method by which the agency may contract. The contracts may contain other and further covenants and agreements as may be necessary or convenient to accomplish the purposes of the contract. CHAPTER 5. Controversies 78090. An authority may sue and be sued, except as otherwise provided in this division or by law, in all actions and proceedings in all courts and tribunals of competent jurisdiction. 78091. An authority may commence, maintain, intervene in, and compromise, in the name of the authority, any action or proceeding involving or affecting the ownership or use of water or water rights within the authority, used or useful for any purpose of the authority, or a common benefit to lands within the authority or inhabitants of the authority. 78092. An action to determine the validity of any contract authorized by Chapter 4 (commencing with Section 78085) and any bonds, notes, or other evidences of indebtedness may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. 78093. All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable to the authority. 78094. To carry out the purposes of this division, an authority shall have the power to commence, maintain, intervene in, defend, and compromise, in the name of the authority, or as a class representative of the inhabitants, property owners, taxpayers, water producers, or water users within the authority, or otherwise, and to assume the costs and expenses of any and all actions and proceedings now or hereafter begun to determine or adjudicate all or substantially all of the water rights of a basin or other hydrologic unit overlain, in whole or in part, by the authority, as between owners of or claimants to those rights, to prevent any interference with water or water rights used or useful to the lands, inhabitants, owners, operators, or producers within the authority, or to prevent the diminution of the quantity or quality of the water supply of the authority or the basin, or to prevent unlawful exportation of water from the authority or basin. 78095. An authority may employ counsel to defend any action brought against it or against any of its officers, agents, or employees on account of any claimed action or inaction involving any claimed injury, taking, damage, or destruction, and the fees and expenses involved in the defense shall be a lawful charge against the authority. 78096. If any officer, agent, or employee of the authority is held liable for any act or omission in their official capacity, except in case of actual fraud or actual malice, and any judgment is rendered, the authority shall pay the judgment without obligation for repayment by the officer, agent, or employee. PART 8. Financial Provisions CHAPTER 1. Powers 78100. Article 4 (commencing with Section 53500) and Article 4.5 (commencing with Section 53506) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code apply to an authority for the purpose of providing funds for the acquisition, construction, improving, or financing of any public improvement authorized by this division. For the purposes of Article 4 (commencing with Section 53500) and Article 4.5 (commencing with Section 53506) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code, “property” shall refer to both land and improvements with the effect that ad valorem taxes or assessments levied by an authority to repay a general obligation bond may be levied upon both land and improvements if approved by the electorate. 78101. Any money belonging to an authority may be deposited or invested and drawn out as provided in Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code, as that article may be amended. References in that article to “auditor” shall mean, for the purposes of an authority, the secretary of an authority. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 23 of 25 3/6/2019, 8:29 AM 78102. (a) An improvement district may be formed in an authority in the same manner as an improvement district is formed in an irrigation district pursuant to Part 7 (commencing with Section 23600) of Division 11. When formed, an improvement district shall be governed and have the same powers as an improvement district in an irrigation district pursuant to Part 7 (commencing with Section 23600) of Division 11. (b) A board shall have the same rights, powers, duties, and responsibilities with respect to the formation and government of an improvement district as the board of directors of an irrigation district has with respect to an improvement district in an irrigation district pursuant to Division 11 (commencing with Section 20500). (c) An assessment in an improvement district in an authority shall be levied, collected, and enforced at the same time and in as nearly the same manner as practicable as annual taxes for purposes of the authority in which formed, except that the assessment shall be made in the same manner as provided with respect to an improvement district in an irrigation district pursuant to Part 7 (commencing with Section 23600) of Division 11. (d) All powers and duties of an authority may be exercised on behalf of or within any improvement district formed pursuant to this section. (e) An authority may issue revenue bonds in accordance with the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code) on behalf of any portion of the authority created as an improvement district pursuant to this section, except that the issuance of revenue bonds by an authority shall not be subject to the election procedures of Article 3 (commencing with Section 54380) of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code. The board shall authorize undertaking the improvement and the issuance of revenue bonds for that purpose by ordinance or resolution of the board, which shall be subject to referendum. If an authority issues revenue bonds on behalf of an improvement district, the issuance of the revenue bonds is limited to the area of the improvement district. The proceeds of any revenue bonds issued on behalf of an improvement district shall not be used to finance public improvements to provide service outside the service area of the improvement district. Only revenue derived from rates or charges for providing the service within the service area of the improvement district shall be pledged or used to pay for any revenue bonds issued on behalf of an improvement district. (f) For the purposes of subdivision (e), “service area of the improvement district” means the territory of an improvement district as it existed at the time of revenue bond issuance plus lands outside of the improvement district, if any, being served at the time of the bond issuance by the improvement district facilities, and additional territory, if any, annexed to the improvement district as the improvement district existed at the time of the issuance election, not exceeding, in the aggregate, 40 percent by area of the improvement district as the improvement district existed at the time of the bond issuance. 78103. The authority may exercise the powers granted pursuant to Division 10 (commencing with Section 8500) of the Streets and Highways Code. CHAPTER 2. Financial Plan and Implementation 78110. No later than one year after the date upon which an authority is formed, the administrator shall prepare and submit a capital improvement plan to the state board. The plan shall bring the authority into full compliance with drinking water standards within three years, which time may be extended by the state board for good cause. 78111. No later than 18 months after the date upon which an authority is formed, the authority shall levy an assessment, fee, charge, or special tax, in accordance with Articles XIII, XIII A, XIII C, and XIII D of the California Constitution, and any other applicable law, to fund the ongoing operations and maintenance of the public water system. CHAPTER 3. Fiscal Provisions 78115. (a) Upon appropriation by the Legislature from the General Fund, or, to the extent funds are available from bond revenues or other sources, including federal, state, academic, or other public or private entities, the state board shall provide funding for an administrator pursuant to subdivision (d) of Section 78036, and for formation and startup costs of an authority for up to three fiscal years after formation of the authority, as follows: (1) The state board shall provide to the local agency formation commission in the counties in which one or more authorities are to be formed up to a total of ____ dollars ($____) for staffing and consulting resources Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 24 of 25 3/6/2019, 8:29 AM and other reasonable expenses to implement Sections 78035, 78038, 78040, and 78041. This amount shall be for all formations of authorities pursuant to this division. (2) The state board shall provide, for the administrator and consulting resources under Section 78036, funding of up to a total of ____ dollars ($____). This amount shall be for all formations of authorities pursuant to this division. (3) The state board shall provide funding assistance to each authority for three consecutive fiscal years after formation based upon the plan for service approved by the local agency formation commission pursuant to Section 78038 in an amount not to exceed 33 percent of an authority’s annual projected rate revenue in the first fiscal year, 20 percent of an authority’s projected rate revenue in the second fiscal year, and 10 percent of an authority’s projected rate revenue in the third fiscal year. The total funding requirement for this paragraph shall not exceed ____ dollars ($____). (4) The state board shall provide funding assistance to each authority in its first fiscal year equivalent to 25 percent of an authority’s projected rate revenue to function as a working capital reserve fund. The total funding requirement for this paragraph shall not exceed ____ dollars ($____). (b) Upon appropriation by the Legislature from the General Fund, or, to the extent funds are available from bond revenues or other sources, including federal, state, academic, or other public or private entities, the state board shall receive up to ____ dollars ($____) for the preparation of distressed business valuations to determine the net fair market value of the water corporations or mutual water companies pursuant to Section 78037. (c) If the moneys specified in subdivisions (a) and (b) are not sufficient to meet the statewide needs of the authorities created pursuant to this division, funding shall be made available for the purposes of this division upon appropriation from the Safe Drinking Water State Revolving Fund created by Section 116760.30 of the Health and Safety Code as follows, to the extent permitted by federal law: (1) Grants or loans, as applicable, for capital improvements shall be deemed to be within the highest funding priority within the state revolving fund. Loans shall, until January 1, 2030, be awarded to an authority without interest. On and after July 1, 2030, the interest on loans shall be at the lowest possible rate then available. (2) Grants or loans, as applicable, for technical assistance, planning, or other nonconstruction-related matters other than staffing or the operation and maintenance of facilities shall, until January 1, 2030, be deemed to be within the highest funding priority within the state revolving fund and, on and after January 1, 2030, shall be deemed to be within the second-highest priority within the state revolving fund. PART 9. Changes in Organization 78120. Provided that a change in organization is consistent with this division, a change in organization shall be carried out as set forth in the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). SEC. 9. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. Bill Text - SB-414 Small System Water Authority Act of 2019. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 25 of 25 3/6/2019, 8:29 AM ITEM NO. 7.5 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Support of Assembly Bill 533 (Holden) - Income Taxes: Exclusion: Water Conservation or Efficiency Programs: Water Runoff Management Improvement Program STAFF RECOMMENDATION: That the Board of Directors adopt a support position on Assembly Bill 533 (Holden). ATTACHMENTS: Name:Description:Type: AB_533.pdf Backup Material Backup Material SHARE THIS:Date Published: 02/13/2019 09:00 PM AB-533 Income taxes: exclusion: water conservation or efficiency programs: water runoff management improvement program. (2019-2020) CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION ASSEMBLY BILL No. 533 Introduced by Assembly Member Holden (Principal coauthor: Senator Wiener) (Coauthor: Assembly Member Friedman) February 13, 2019 An act to add Sections 17139.9 and 24308.9 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy. LEGISLATIVE COUNSELʹS DIGEST AB 533, as introduced, Holden. Income taxes: exclusion: water conservation or efficiency programs: water runoff management improvement program. The Personal Income Tax Law and the Corporation Tax Law, in conformity with federal income tax law, generally defines “gross income” as income from whatever source derived, except as specifically excluded, and provides various exclusions from gross income. This bill would provide an exclusion from gross income for any amount received as a rebate, voucher, or other financial incentive issued by a local water agency or supplier for any water conservation or efficiency program or water runoff management improvement program, as provided. This bill would take effect immediately as a tax levy. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - AB-533 Income taxes: exclusion: water conservation or e... https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=... 1 of 2 3/6/2019, 8:33 AM THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 17139.9 is added to the Revenue and Taxation Code, to read: 17139.9. (a) Gross income does not include any amount received as a rebate, voucher, or other financial incentive issued by a local water agency or supplier for any water conservation or efficiency program the primary purpose of which is to reduce consumption of water or to improve the management of water demand. (b) Gross income does not include any amount received as a rebate, voucher, or other financial incentive issued by a local water agency or supplier for any water runoff management improvement program the primary purpose of which is to reduce the amount or manage the quality of storm water runoff. SEC. 2. Section 24308.9 is added to the Revenue and Taxation Code, to read: 24308.9. (a) Gross income does not include any amount received as a rebate, voucher, or other financial incentive issued by a local water agency or supplier for any water conservation or efficiency program the primary purpose of which is to reduce consumption of water or to improve the management of water demand. (b) Gross income does not include any amount received as a rebate, voucher, or other financial incentive issued by a local water agency or supplier for any water runoff management improvement program the primary purpose of which is to reduce the amount or manage the quality of storm water runoff. SEC. 3. This act provides for a tax levy within the meaning of Article IV of the California Constitution and shall go into immediate effect. Bill Text - AB-533 Income taxes: exclusion: water conservation or e... https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=... 2 of 2 3/6/2019, 8:33 AM ITEM NO. 7.6 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Opposition of Senate Bill 204 (Dodd) - State Water Project: Contracts STAFF RECOMMENDATION: That the Board of Directors adopt an oppose position on Senate Bill 204 (Dodd). ATTACHMENTS: Name:Description:Type: SB_204.pdf Backup Material Backup Material SHARE THIS:Date Published: 02/04/2019 09:00 PM SB-204 State Water Project: contracts.(2019-2020) CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION SENATE BILL No. 204 Introduced by Senator Dodd (Principal coauthor: Assembly Member Frazier) (Coauthors: Senators Galgiani, Glazer, and Pan) (Coauthors: Assembly Members Cooper, Eggman, Grayson, and McCarty) February 04, 2019 An act to add Section 6525.5 to the Government Code, and to add Section 147.6 to, and to repeal and add Section 147.5 of, the Water Code, relating to water. LEGISLATIVE COUNSELʹS DIGEST SB 204, as introduced, Dodd. State Water Project: contracts. (1) Under existing law, the Department of Water Resources operates the State Water Resources Development System, known as the State Water Project, in accordance with the California Water Resources Development Bond Act to supply water to persons and entities in the state. Existing law requires the department to present to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature the details of the terms and conditions of a long-term water supply contract between the department and a state water project contractor and to submit a copy of one long-term contract, as prescribed. This bill would instead require the department to provide at least 10 days’ notice to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature before holding public sessions to negotiate any potential amendment of a long-term water supply contract that is of projectwide significance with substantially similar terms intended to be offered to all contractors, or that would permanently transfer a contractual water amount between contractors. The bill would require the department, before the execution of a specified proposed amendment to a long-term water supply contract and at least 60 days before final Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Bill Text - SB-204 State Water Project: contracts. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 1 of 3 3/6/2019, 8:24 AM approval of such an amendment, to submit to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature certain information regarding the terms and conditions of a proposed amendment of a long-term water supply contract and to submit a copy of the long-term contract as it is proposed to be amended. The bill would prohibit the department from finally approving a long-term water supply contract for 90 days after the first hearing by the Legislature to review the proposed amendment, as specified. (2) Existing law, the Joint Exercise of Powers Act, authorizes 2 or more public agencies to enter into an agreement to jointly exercise any power common to the contracting parties. The bill would require a certain joint powers authority, at least 60 days before it enters into a contract for the planning, design, or construction of California WaterFix, to submit to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature certain information regarding the proposed contract. The bill would prohibit the joint powers authority from finally approving a contract for 90 days after the first hearing by the Legislature to review the proposed contract. (3) This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Delta. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 6525.5 is added to the Government Code, to read: 6525.5. (a) For the purposes of this section, “joint powers authority” means the Delta Conveyance Design and Construction Joint Powers Authority, any successor to that authority, or any joint powers authority created for the purposes of designing or constructing a water conveyance in the Sacramento-San Joaquin Delta to be owned and operated by the Department of Water Resources. (b) At least 60 days before the joint powers authority enters into a contract for the planning, design, or construction of California WaterFix, the joint powers authority shall submit to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature information regarding the terms and conditions of the proposed contract. (c) If the Joint Legislative Budget Committee or relevant policy and fiscal committees of the Legislature hold a hearing to review a contract described in subdivision (b), the joint powers authority shall not finally approve the contract for 90 days after the first hearing by the Legislature to review the proposed contract. SEC. 2. Section 147.5 of the Water Code is repealed. 147.5.At least 60 days prior to the final approval of the renewal or extension of a long-term water supply contract between the department and a state water project contractor, the department shall present at an informational hearing before the Legislature the details of the terms and conditions of the contract and how they serve as a template for the remaining long-term water supply contracts. This presentation shall be made to the Joint Legislative Budget Committee and relevant policy and fiscal committees of both houses, as determined by the Speaker of the Assembly and the Senate Committee on Rules. The department shall submit a copy of one long-term contract to the Joint Legislative Budget Committee no less than 30 days prior to the scheduled hearing. SEC. 3. Section 147.5 is added to the Water Code, to read: 147.5. The department shall provide at least 10 days’ notice to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature before holding public sessions to negotiate any potential amendment of a long-term water supply contract that is of projectwide significance with substantially similar terms intended to be offered to all contractors, or that would permanently transfer a contractual water amount between contractors. SEC. 4. Section 147.6 is added to the Water Code, to read: 147.6. (a) Before the execution of an amendment to a long-term water supply contract described in subdivision (d) and at least 60 days before final approval of such an amendment, the department shall submit to the Joint Legislative Budget Committee and relevant policy and fiscal committees of the Legislature information Bill Text - SB-204 State Water Project: contracts. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 2 of 3 3/6/2019, 8:24 AM regarding the terms and conditions of a proposed amendment of a long-term water supply contract. (b) The department shall submit the following information in compliance with subdivision (a): (1) A summary of the provisions of the proposed amendment. (2) The estimated costs associated with the proposed amendment, along with an estimate of the allocation of the costs borne by each contractor. (3) A copy of the long-term contract as it is proposed to be amended. (c) If the Joint Legislative Budget Committee or relevant policy and fiscal committees of the Legislature hold a hearing to review a proposed amendment described in subdivision (d), the department shall not finally approve the long-term water supply contract for 90 days after the first hearing by the Legislature to review the proposed amendment. (d) (1) This section applies to a proposed amendment by the department to a long-term water supply contract that is of projectwide significance with substantially similar terms intended to be offered to all contractors, and to a proposed contract amendment that would permanently transfer a contractual water amount between contractors. (2) This section does not apply to an amendment for which a copy of the long-term water supply contract as it was proposed to be amended was submitted by the department to the Joint Legislative Budget Committee in May 2018. SEC. 5. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the Sacramento-San Joaquin Delta. Bill Text - SB-204 State Water Project: contracts. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=... 3 of 3 3/6/2019, 8:24 AM ITEM NO. 7.7 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Account No:2-2600 Job No:201907S Presented By:Rosanne Weston, Engineering Manager Prepared By:Ariel Bacani, Engineering Technician II Subject:Terms and Conditions for Sewer Service with Gerard Mahoney and Michael Kirtland - La Pradera Sewer Main Extension SUMMARY: Gerard Mahoney proposes to construct additions to his existing home at 19151 La Pradera and requests to connect to the public sewer system. The property is approximately 0.42 acres and is located within the District's Western Service Area. Mr. Mahoney's neighbor, Michael Kirtland, at 19172 La Pradera, will participate in connecting to the public sewer system. An exhibit depicting the project location is attached for your reference. STAFF RECOMMENDATION: That the Board of Directors approve the Terms and Conditions for Sewer Service with Gerard Mahoney and Michael Kirtland, La Pradera Sewer Main Extension, Job No. 201907S. DISCUSSION: As depicted on the attached exhibit, customers at 19151 La Pradera, Gerald Mahoney, and 19172 La Pradera, Michael Kirtland, have requested to extend a new sewer main westerly along La Pradera to allow them to connect to the public sewer system and abandon their private septic systems. The District has an existing 8-inch sewer main pipeline that terminates at the intersection of La Pradera and Palm Avenue, from which the connection will occur. Mr. Kirtland will be required to install a private sewer pump system because his house pad elevation is lower than the finished street elevation. Engineering staff requires the sewer main to include a terminal manhole and three lateral stub-outs for future connections, in accordance with the District Rules and Regulations for Sewer Service and in compliance with the District Sewer Standards and Specifications. The proposed project is located in Drainage Area "1" within the District's Western Service Area. Both applicants will be entitled to reimbursement from the non-participating property owners that connect within a 30 year period. The Terms and Conditions for Sewer Service with Gerard Mahoney and Michael Kirtland are attached for the Board's consideration. ATTACHMENTS: Name:Description:Type: 201907S_T_C.docx Terms and Conditions Agreement 201907S_Exhibit.pdf Exhibit Exhibit Date: MARCH 12, 2019 YORBA LINDA WATER DISTRICT TERMS AND CONDITIONS FOR SEWER SERVICE NAME OF APPLICANT: GERARD MAHONEY & MICHAEL KIRTLAND LOCATION OF PROJECT: 19151 & 19172 LA PRADERA, YORBA LINDA TRACT NUMBER: N/A JOB NUMBER: 201907S LOT(S): N/A The applicant will be required to complete to the satisfaction of the District the following items that have an “X” following the number. 1) X The applicant shall provide the District with a copy of the Grant Deed or Title Report of the property to be served. 2) X The applicant shall include information deemed necessary by the District in the event the applicant is required to file a Department of Real Estate Tax Disclosure statement. 3) X The applicant shall submit two (2) sets of the improvement plans to the District for plan check processing. a) Improvement Plans b) Grading Plans c) Tract, Parcel or Vesting Map d) Landscaping Plans 4) X Improvement Plans submitted for plan check shall comply with the submittal requirements established by the YLWD Engineering Department. 5) X The applicant shall dedicate or obtain all easements deemed necessary by the District in accordance with the Rules and Regulations of the District. All easement documents shall be prepared under the supervision of and stamped by a Professional Land Surveyor or a Registered Civil Engineer (licensed prior to January 1, 1982) licensed to practice in the State of California. 6) X The applicant shall provide the District with a copy of the Recorded Tract/Parcel Map(s) or Easement Documents illustrating all District easements required by Term and Condition No. 7, prior to requesting occupancy releases. 7) The applicant shall prepare and process all easements to be quitclaimed by the District in accordance with the Rules and Regulations of the District. Page 2 of 5 NAME OF APPLICANT: GERARD MAHONEY AND MICHAEL KIRTLAND LOCATION OF PROJECT: 19151 & 19172 LA PRADERA, YORBA LINDA 8) X The applicant shall furnish the District with a 24-hour emergency telephone number prior to the District’s approval of the construction plans. 9) X The applicant shall notify the District 48 hours prior to initiating any work related to required or proposed improvements. 10) X The applicant shall complete a Temporary Construction Meter Permit application for all water to be used in construction work and all water used under such permit shall be taken from the approved construction meter. 11) X The applicant shall provide, per the District specifications, the "As Built" AutoCAD file (version 2016 or earlier) of the Water and/or Sewer facilities. 12) The applicant shall complete an Application to and Agreement with the Yorba Linda Water District for Water Service. 13) The applicant shall pay all of the water fees as required by the Rules and Regulations for Water Service of the District. 14) The applicant shall pay meter fees associated with the installation of radio read meters for this project. 15) The applicant shall comply with the Rules and Regulations for Water Service of the Yorba Linda Water District. 16) The applicant shall provide the District with a set of plans stamped and approved by the Orange County Fire Authority, or fire agency having jurisdiction, that identifies approved fire hydrant locations. Such approved plan must be submitted to the District before staff will initiate a District plan check for water improvements. 17) The applicant shall have all water facilities designed in accordance with the District's Water Facilities Plan and the Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 18) The applicant’s engineer shall provide a computer hydraulic analysis report to confirm that the District’s existing water system can accommodate the project. 19) The applicant’s water facilities (on-site) shall be District owned and maintained. 20) The applicant shall be required to conduct flow tests at their cost in the event the Orange County Fire Authority requires a flow test. A District representative shall be present to witness the flow test. Page 3 of 5 NAME OF APPLICANT: GERARD MAHONEY AND MICHAEL KIRTLAND LOCATION OF PROJECT: 19151 & 19172 LA PRADERA, YORBA LINDA 21) The applicant shall comply with all additional District requirements, relative to the fire protection system, fire hydrant construction and fire hydrant locations. 22) The applicant shall install water Sampling Station(s) in conformance with the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 23) The applicant shall provide a completed Surety Bond for the water facilities prior to the District signing the Water Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed water facilities. 24) The applicant shall install the curb and gutters a minimum of one week prior to the installation of the water main and services. 25) All existing water services that are not useable in the new plan shall be cut and plugged at the main line. 26) The applicant shall coordinate through the District all connections of new water facilities to the existing District facilities. 27) The applicant shall provide a written copy of the Bacteriological Report prior to occupancy releases certifying that the water meets the Health Department's requirements. 28) The applicant shall adjust and raise to grade all valve covers within the limits of this project. 29) The applicant shall install a pressure regulator in all buildings that have over 80 p.s.i. static water pressure in accordance with the appropriate building codes. 30) The applicant shall install a District approved backflow device in connection with any private fire suppression sprinkler facilities that may be required by the Orange County Fire Authority or fire agency having jurisdiction. 31) The applicant shall install a reduced pressure principle backflow prevention device on all commercial buildings and landscape services. 32) The applicant shall install and provide a written test report to the District for each backflow device certifying that the backflow devices are operating properly. 33) The applicant shall install and provide a written test report to the District certifying that the double check detector assembly is operating properly prior to the double check detector assembly being turned on for service. Page 4 of 5 NAME OF APPLICANT: GERARD MAHONEY AND MICHAEL KIRTLAND LOCATION OF PROJECT: 19151 & 19172 LA PRADERA, YORBA LINDA 34) The applicant shall provide an annual written test report to the District certifying that the backflow devices and fire detector assemblies are operating properly pursuant to the District’s Backflow Prevention Program and the State of California Administrative Code, Title 17, Public Health Rules and Regulations Relating to Cross-Connections. 35) The applicant shall complete a Sewer Connection Application and Permit for Sewer Service. 36) X The applicant shall complete an Application to and Agreement with the Yorba Linda Water District for Sanitary Sewer Service. 37) X The applicant shall comply with the Rules and Regulations for Sewer Service of the Yorba Linda Water District. 38) X The applicant shall pay all of the sewer fees as required by the Rules and Regulations for Sewer Service of the District. 39) X The applicant shall have all sewer facilities designed in accordance with the District's Sewer Master Plan and the Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. All design plans shall be prepared under the supervision of and stamped by a Registered Civil Engineer licensed to practice in the State of California. 40) X The applicant’s engineer shall provide sewer flow calculations to confirm that the District’s existing sewer system can accommodate the peak wastewater generation from the project. 41) X The applicant shall provide a completed Surety Bond for the sewer facilities prior to the District signing the Sewer Improvement Plans. The applicant shall also provide to the District an estimate of the construction costs of the proposed sewer facilities. 42) X The applicant’s sewer facilities (on-site) shall be Privately owned and maintained. 43) X The applicant shall construct a sewer main and appurtenances in conformance with the approved plans and the District’s Standard Specifications and Drawings for Construction of Domestic Water and Sewer Facilities. 44) X The applicant shall adjust and raise to grade all sewer manhole covers within the limits of this project. 45) X The applicant shall install a sewer backflow prevention valve on all sewer service connections in which the pad elevations of the property being served is lower than the rim elevation of the upstream manhole. Installation of the backflow device shall comply with all requirements of the Building and Plumbing Codes of the appropriate agency having jurisdiction. Page 5 of 5 NAME OF APPLICANT: GERARD MAHONEY AND MICHAEL KIRTLAND LOCATION OF PROJECT: 19151 & 19172 LA PRADERA, YORBA LINDA 46) X The applicant shall submit a video inspection report of their sewer project in DVD format. The video of the sewer facilities shall be conducted in the presence of the District inspector, which will include stationing locations of manholes, cleanouts, wyes, laterals, backflow devices and appurtenances. (END OF STANDARD TERMS AND CONDITIONS) PROJECT SPECIFIC TERMS AND CONDITIONS 47) X The applicant shall construct approximately 585 feet of new 8-inch sewer main with four manholes, two sewer laterals and three sewer lateral stub- outs, per approved plans and District Specifications. The applicant shall be reimbursed per District Rules and Regulations for Sewer Service, when neighboring homes connect to the lateral stub-outs. I hereby certify that the foregoing Terms and Conditions were approved at the March 12, 2019 Regular Meeting of the Board of Directors of the Yorba Linda Water District. The approved Terms and Conditions shall become void six (6) months from the approval date if a formal Application To and Agreement with the Yorba Linda Water District for Sewer Service is not executed for the project under consideration. Marc Marcantonio, General Manager WWWWWW W SSSSSWWWWWW 4511 19151191411913119121 19111 19110 19120 19140 1917219100 456119211 LA PRADERA PROP. 8" SEWER MAIN EX. 6" WATER MAIN EX. 8" SEWER MAIN ROAD EASEMENT PALM AVENUEPROP. SEWER LATERAL STUB-OUT PROP. SEWER LATERAL STUB-OUT PROP. SEWER LATERAL 1717 E. MIRALOMA AVENUE PLACENTIA, CALIFORNIA 92870 (714) 701-3100 PREPARED BY: YORBA LINDA WATER DISTRICT SCALE: DATE: FILENAME: EXHIBIT SEWER MAIN EXTENSION FOR 19151 AND 19172 LA PRADERA LOCATION MAP N.T.S. 3/12/2019 201907S ORIENTE DR LA PREDERA VIA DE CABALLO OHIO ST.PALM AVENUEPROJECT SITE VICINITY MAP SHADOW RIDGE LN VILLA TERRACE ITEM NO. 8.1 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Concurring Nomination Resolution for ACWA JPIA 2019 Executive Committee Election STAFF RECOMMENDATION: That the Board of Directors consider adopting concurring resolutions in support of the nominations of Paul E. Dory, Vista Irrigation District, and Fred R. Bockmiller, Mesa Water District, to ACWA JPIA's Executive Committee. DISCUSSION: ACWA JPIA will be conducting an Executive Committee election during the JPIA's Board of Directors' meeting on May 6, 2019, at the spring conference in Monterey. This election will fill four Executive Committee member positions, each for a four-year term. The incumbents are E.G. "Jerry" Gladbach, Santa Clarita Valley WA; and Bruce Rupp, Humboldt Bay MWD. There are two vacant positions. YLWD has received requests to adopt concurring resolutions for two candidates: Paul E. Dory from Vista Irrigation District, and Fred R. Bockmiller from Mesa Water District. JPIA members may concur in the nomination of as many candidates as they wish. The candidates must each receive concurring nomination resolutions from three other JPIA members in order to have their names placed on the ballots. Nominations must be submitted to ACWA JPIA by Friday, March 22, 2019 at 4:30 p.m. Final notice of the qualified candidates will be included as part of the ACWA JPIA Board of Directors' meeting packet. ATTACHMENTS: Name:Description:Type: ACWA_JPIA_ExCom_Nom.pdf Backup Material Backup Material Resolution_No._2019-XX_-_Nom_Dorey_Exe.docx Resolution Resolution Resolution_No._2019-XX_-_Nom_Bockmiller_Exe.docx Resolution Resolution ACWA JPIA | P.O. Box 619082, Roseville, CA 95661 | 800.231.5742 | www.acwajpia.com To: JPIA Members From: Sylvia Robinson, Publications & Web Editor Date: January 8, 2019 Subject: 2019 JPIA Executive Committee Election Notice There will be an Executive Committee election during the JPIA’s Board of Directors’ meeting to be held on May 6, 2019, at the spring conference in Monterey. This election will fill four Executive Committee member positions, each for a four-year term each. The incumbents are E.G. “Jerry” Gladbach, Santa Clarita Valley WA; and Bruce Rupp, Humboldt Bay MWD. There are two vacant positions. JPIA Directors who are interested in being candidates for the election must represent a District that participates in all four of the JPIA’s Programs: Liability, Property, Workers’ Compensation, and Employee Benefits. The candidates’ district must submit a nominating resolution and the candidates must also each receive concurring in nomination resolutions from three other JPIA members. However, JPIA members may concur in the nomination of as many candidates as they wish. These nominations must reach the JPIA by the close of business (4:30 pm) on Friday, March 22, 2019. Nominations may be mailed to the attention of Sylvia Robinson at the JPIA: P. O. Box 619082, Roseville, CA 95661-9082 or emailed to srobinson@acwajpia.com. The nominating procedures and copies of the nominating and concurring in nomination resolutions can be found on the JPIA’s website. ACWA JPIA Nomination Procedures for Executive Committee Approximately 120 Days before Election (January 8, 2019) All ACWA JPIA Directors and Member Districts are to be notified of: A) Date and place of Election; B) Executive Committee positions and terms of office to be filled by Election; C) Incumbent office holders; and D) Nomination Procedures. 120 to 45 Days before Election (January 8 – March 22, 2019) A) A district (that participates in all four of the JPIA’s programs: Liability, Property, Workers’ Compensation and Employee Benefits) may place into nomination its member of the Board of Directors of ACWA JPIA with the concurrence of three districts, then members of the ACWA JPIA, in addition to the nominating district. B) Sample resolutions are available on the ACWA JPIA website. C) The district is solely responsible for timely submission of the nominating resolution and the three additional concurring in nomination resolutions of its candidate for office. 45 Days before Election (March 22, 2019) A) Deadline and location for receiving the nominating and concurring in nomination resolutions in the ACWA JPIA office: Friday – March 22 2019 – 4:30 p.m. Sylvia Robinson Publications & Web Editor ACWA JPIA P. O. Box 619082 Roseville, CA 95661-9082 (srobinson@acwajpia.com) B) Candidates' statement of qualifications must be submitted, if desired, with the nominating resolutions. The statement of qualifications must be submitted on one side of an 8½ x 11" sheet of paper suitable for reproduction and distribution to all districts. (MSWord or PDF documents preferred). 14 Days before Election (April 22, 2019) Final notice of the upcoming Election of Executive Committee members will be included as part of the Board of Directors’ meeting packet. Final notice shall include: A) Date, Time, and Place of Election; B) Name and District of all qualified candidates; C) Candidate's statement of qualifications (if received); and D) Election Procedures and Rules. RECEIVE VIS Board of Directors w� VISTA FEB 19 20 v 9 Jo MacKenzie,Preside, IRRIGATION Paul E.Dorey ADDISTRICT BORBA LINDA�iJ R DISTRICT Marty Miller 1391 Engineer Street• Vista,California 92081-8840 Patrick H. Sanchez Phone(760) 597-3100 • Fax: (760) 598-8757 Richard L.Vasquez www.vidwater.org Administrative Staff Brett L.Hodgkiss General Manager February 7, 2019 Lisa R. Soto Board Secretary David B.Cosgrove General Counsel ACWA/JPIA Member Agencies Re: Nomination of Paul E. Dorey to the ACWA/JPIA Executive Committee Dear General Manager: The Vista Irrigation District (VID) has nominated Board member Paul E. Dorey to serve on the ACWA/JPIA Executive Committee. Elections will take place at the JPIA Board of Directors meeting on May 8, 2017 at the Spring ACWA Conference in Monterey, California. Paul has served as VID's representative to the JPIA Board of Directors for 12 years, and he has been a member of the JPIA Liability Subcommittee for 9 years. We hope your organization will concur with this nomination. As a member of ACWA/JPIA, Vista Irrigation District requests that your Board submit a resolution of support concurring with the nomination of Paul Dorey to serve on the ACWA/JPIA Executive Committee, and vote for him at the election. As you can see from the attached background information regarding Paul Dorey, he is well qualified for this position. All concurring nominations must reach the JPIA office to the attention of Sylvia Robinson at P.O. Box 619082, Roseville, CA 95661-9082 by 4:30 p.m. on Friday, March 22, 2019. If you have any questions, please feel free to contact me. Thank you for your consideration. Sincerely, Brett Hodgkiss General Manager Attachments: ➢ Statement of candidacy for Paul E. Dorey ➢ Vista Irrigation District nominating resolution ➢ Sample concurring resolution A public agencyserving the city of Vista and portions of San Marcos,Escondido, Oceanside and San Diego County Paul E. Dorey Statement of Candidacy ti I have served on the ACWAjJPIA Board of Directors since 2007. During the last nine years, I have had the privilege of serving on the Liability Committee of the JPIA. The Liability Committee has successfully kept its focus on providing member agencies with the most comprehensive, affordable and reliable liability insurance possible. Our Committee has recommended significant reductions in the premiums paid by member agencies while also increasing the insurance coverages provided. I was elected to the Vista Irrigation District Board of Directors in 2006. The District provides water service to over 135,00o residents in northern San Diego County. I served on the Board of Directors of the Groundwater Resources Association of California, and I currently serve on the San Luis Rey Watershed Council and the Southern California Water Coalition. My wife Nancy and I have lived in Vista since 1971, where we raised our two daughters. My forty-six years of public service, first in the United States Marine Corps and then in the water industry, have given me the necessary experience and background to serve as a member of the JPIA Executive Committee. This experience has helped me recognize the importance of safety and risk management and the value of developing appropriate policies and procedures, as well as establishing conservative fiscal controls. As a member of the JPIA's Executive Committee, I will perform my duties and make decisions to guide the organization to most efficiently benefit its member agencies. I will take my responsibility seriously and serve as a very useful and productive member of the Executive Committee. I value your trust and will honor it if elected to the Executive Committee. Thank you for your support. If you have any questions about my candidacy, feel free to contact me at (760) 208-5263 or Paul.Dorevwidwater.org. RESOLUTION NO. 19-08 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VISTA IRRIGATION DISTRICT NOMINATING PAUL E. DOREY TO THE EXECUTIVE COMMITTEE OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY ("ACWA/JPIA") WHEREAS, Vista Irrigation District is a member district of the ACWA/JPIA that participates in all four of its Programs: Liability, Property, Workers' Compensation,and Employee Benefits; and WHEREAS, the Bylaws of the ACWA/JPIA provide that in order for a nomination to be made to ACWA/JPIA's Executive Committee, the member district must place into nomination its member of the ACWA/JPIA Board of Directors for such open position; NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Vista Irrigation District that its member of the ACWA/JPIA Board of Directors, Paul E. Dorey, be nominated as a candidate for the Executive Committee for the election to be held on May 6, 2019. BE IT FURTHER RESOLVED that the ACWA/JPIA staff is hereby requested, upon receipt of the formal concurrence of three other member districts, to effect such nomination. BE IT FURTHER RESOLVED that the District Secretary is hereby directed to transmit a certified copy of this resolution to the ACWA/JPIA at P.O. Box 619082, Roseville, CA 95661- 9082, forthwith. PASSED AND ADOPTED by the following roll call vote of the Board of Directors for the Vista Irrigation District this 6th day of February 2019. AYES: Directors Miller, Vasquez, Dorey, Sanchez, and MacKenzie NOS: None ABSTAIN: None ABSENT: None 1c�&e, Preside ATTEST: 60+-6 Lisa R. oto, Secretary Board of Directors VISTA IRRIGATION DISTRICT A-1 Af March 14, 2019 M esaWate r DISTRICT° Dedicated to The Honorable Brooke Jones President Satisfying our Community's Yorba Linda Water District Water Needs P.O. Box 309 Yorba Linda, CA 92885-0309 Dear President Jones, BOARD OF DIRECTORS On behalf of Mesa Water District, it is an honor to request that your agency Shawn Dewane support and vote for Fred R. Bockmiller, P.E., for election to the ACWA/JPIA President Executive Committee. Division V Director Bockmiller has served on our Board for over two decades, making Marice H. DePasquale fair and informed decisions that have greatly benefited Mesa Water® and its Vice President constituents. Since 2006, he has been our representative on the ACWA/JPIA Division III Board and, since 2008, he has served on ACWA/JPIA's Risk Management Jim Atkinson Committee. He also serves on the AWCA Energy Committee. Director Division IV Due to his elected public service experience, community volunteer service, Fred R. Bockmiller, P.E. and his 30-year career at the University of California, Irvine, Director Director Bockmiller possesses the qualifications, knowledge, and understanding of Division I the many issues facing ACWA/JPIA. Attached for your review is a Statement of Qualifications for Director Bockmiller's election to the ACWA/JPIA James R. Fisler Executive Committee. Director Division II Four agencies issued a resolution of support for Director Bockmiller's nomination to the ACWA/JPIA Executive Committee: • East Orange County Water District; • Municipal Water District of Orange County; Paul E. Shoenberger, P.E. • Orange County Water District; and, General Manager • Santa Margarita Water District. Denise Garcia District Secretary Our Board has the highest confidence in Director Bockmiller and his proven leadership abilities, which can help guide ACWA/JPIA to continued District Treasurer MarWKhalifs, CPA, MBA organizational success and excellence in serving to its member agencies. If D you have any questions or requests for additional information, kindly contact Atkinson, Andelson, our General Manager, Paul E. Shoenberger, P.E., by calling 949.631.1206 Loya, Ruud & Romo or emailing PauIS(cDMesaWater.orq.. Thank you for your consideration in Legal Counsel voting for Director Bockmiller. Sincerely, a n ane 1965 Placentia Avenue Mesa Water Board President Costa Mesa, CA 92627 tel 949.631.1200 c: Mesa Water Board of Directors fax 949.574.1036 Paul E. Shoenberger, P.E., Mesa Water General Manager info@MesaWater.org MesaWater.org Elect Fred R. Bockmiller, P.E. to ACWA/JPIA Executive Committee Fred R. Bockmiller, P.E. Director, Mesa Water District OBJECTIVE: To further the goals of ACWA/JPIA in best serving its members, by applying my analytical and leadership skills, and my risk management experience, as a member of the ACWA/JPIA Executive Committee. STATEMENT OF QUALIFICATIONS: • Mesa Water District Director, 1996-present • Five-term Board President, Mesa Water District • ACWA/JPIA Board, 2006-present • ACWA/JPIA Risk Management Committee, 2008-present • ACWA Energy Committee, 2002-present • Chair of all various Mesa Water District Committees (Executive, Audit Ad Hoc, Finance, Human Resources, IT Ad Hoc, Engineering and Operations, Public Information) • Engineering Manager, UC Irvine Facilities Management Department BIOGRAPHY: A Newport-Mesa native, Fred Bockmiller represents Division 1 -- encompassing the West Side of Costa Mesa and portions of Newport Beach -- on the Mesa Water District Board of Directors. Having been Board President for five prior terms -- in 1999, 2000, 2004, 2011, and 2012 -- Director Bockmiller currently serves as Chairman of Mesa Water's Engineering and Operations Committee. Director Bockmiller represents Mesa Water on the Board of the Association of California Water Agencies (ACWA) Joint Powers Insurance Authority (JPIA). He also serves on the ACWA/JPIA Risk Management Committee and the ACWA Energy Committee. Director Bockmiller has previously chaired every Mesa Water committee (Executive, Audit Ad Hoc, Finance, Human Resources, IT Ad Hoc, Engineering and Operations, and Public Information). Additionally, he has represented Mesa Water at the City/Districts Liaison Committee, Orange County Council of Governments, Orange County Water District, and the Costa Mesa Westside Revitalization Oversight Committee. Throughout his elected service, Director Bockmiller has championed water quality and cost-efficient service reliability through a perpetual agency philosophy of long-term planning for the future of Mesa Water and continuous infrastructure maintenance, renewal, and improvement. He has been a relentless champion of high-quality, fact-based decision making. Director Bockmiller is the Engineering Manager in the Facilities Management Department at UC Irvine (UCI), a leader in energy conservation and construction efforts for more than 20 years, including completion of more than $3 billion in major capital construction projects, and extensive energy and water conservation retrofits, which tripled the developed building space, reduced energy consumption in laboratories by 50 percent, and decreased per capita water use by more than 30%. He also represents the department at the emergency operations center for the campus with a daytime population approaching 60,000 people on 1,500 acres. Developing the next generation is an area of interest for Director Bockmiller. He is a regular guest lecturer in UCI's Department of Mechanical and Aerospace Engineering, a mentor in the Junior Mentor Program at Newport Harbor High School, and was a Board member for 17 years of the Youth Employment Service -- a local charity that provides youth with the tools to find jobs --where he served as CFO and President. Resolution No. 2019-XX Concurring in Nomination of Paul E. Dory to ACWA JPIA Executive Committee 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT CONCURRING IN NOMINATION TO THE EXECUTIVE COMMITTEE OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY (“ACWA JPIA”) WHEREAS, the Yorba Linda Water District (“District”) is a member district of the ACWA JPIA; and WHEREAS, the Bylaws of the ACWA JPIA provide that in order for a nomination to be made to ACWA JPIA’s Executive Committee, three member districts must concur with the nominating district, and WHEREAS, another ACWA JPIA member district, the Vista Irrigation District, has requested that this District concur in its nomination of its member of the ACWA JPIA Board of Directors to the Executive Committee of the ACWA JPIA. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Yorba Linda Water District that this District concurs with the nomination of Paul E. Dorey of Vista Irrigation District to the Executive Committee of the ACWA JPIA. BE IT FURTHER RESOLVED, that the District Secretary is hereby directed to transmit a certified copy of this resolution to the ACWA JPIA at P.O. Box 619082, Roseville, CA 95661-9082, forthwith. PASSED AND ADOPTED this 12th day of March 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, President Yorba Linda Water District Resolution No. 2019-XX Concurring in Nomination of Paul E. Dory to ACWA JPIA Executive Committee 2 ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Resolution No. 2019-XX Concurring in Nomination of Fred R. Bockmiller to ACWA JPIA Executive Committee 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT CONCURRING IN NOMINATION TO THE EXECUTIVE COMMITTEE OF THE ASSOCIATION OF CALIFORNIA WATER AGENCIES JOINT POWERS INSURANCE AUTHORITY (“ACWA JPIA”) WHEREAS, the Yorba Linda Water District (“District”) is a member district of the ACWA JPIA; and WHEREAS, the Bylaws of the ACWA JPIA provide that in order for a nomination to be made to ACWA JPIA’s Executive Committee, three member districts must concur with the nominating district, and WHEREAS, another ACWA JPIA member district, the Mesa Water District, has requested that this District concur in its nomination of its member of the ACWA JPIA Board of Directors to the Executive Committee of the ACWA JPIA. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Yorba Linda Water District that this District concurs with the nomination of Fred R. Bockmiller of Mesa Water District to the Executive Committee of the ACWA JPIA. BE IT FURTHER RESOLVED, that the District Secretary is hereby directed to transmit a certified copy of this resolution to the ACWA JPIA at P.O. Box 619082, Roseville, CA 95661-9082, forthwith. PASSED AND ADOPTED this 12th day of March 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, President Yorba Linda Water District Resolution No. 2019-XX Concurring in Nomination of Fred R. Bockmiller to ACWA JPIA Executive Committee 2 ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP ITEM NO. 8.2 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:Concurring Nomination Resolution for CA Water Insurance Fund Board of Directors Election STAFF RECOMMENDATION: That the Board of Directors consider adopting a resolution concurring in the nomination of Paul E. Dory to the CA Water Insurance Fund Board of Directors. DISCUSSION: ACWA JPIA will be conducting an Executive Committee election during the JPIA's Board of Directors' meeting on May 6, 2019, at the spring conference in Monterey. This election will fill four Executive Committee member positions, each for a four-year term. There are two incumbents: E.G. "Jerry" Gladbach, Santa Clarita Valley WA; and Bruce Rupp, Humboldt Bay MWD. The remaining two seats are currently vacant. The District has received a request from Vista Irrigation District to submit a resolution of support concurring with the nomination of Paul Dorey to serve on the ACWA JPIA Executive Committee, and vote for him at the election. JPIA members may concur in the nomination of as many candidates as they wish. The candidates must each receive concurring nomination resolutions from three other JPIA members in order to have their names placed on the ballots. Nominations must be submitted to ACWA JPIA by Friday, March 22, 2019 at 4:30 p.m. Final notice of the qualified candidates will be included as part of the ACWA JPIA Board of Directors' meeting packet. ATTACHMENTS: Name:Description:Type: CA_Water_Ins_Fund_Board_Nom.pdf Backup Material Backup Material Resolution_No._2019-XX_-_Nom_Dorey_Ins.docx Resolution Resolution YOUR BEST PROTEC TI ON 2019 California Water Insurance Fund Board Election Notice There are two positions to be filled on the Board of JPIA's newly formed captive insurance company, the California Water Insurance Fund. The election will be held during the JPIA's Board of Directors' meeting on May 6, 2019, at the spring conference in Monterey. For the initial term, these two positions will be filled for three years each. Thereafter, they will be two-year terms. JPIA Directors who are interested in being candidates for the election must represent a District that participates in the JPIA Liability Program and at least one of the other programs: Property, Workers' Compensation or Employee Benefits. For either of the above noticed elections, the candidates' district must submit a nominating resolution and the candidates must also each receive concurring in nomination resolutions from three other JPIA members. However, JPIA members may concur in the nomination of as many candidates as they wish. These nominations must reach the JPIA by 4:30 pm on Friday, March 22, 2019. The nominating procedures and copies of the nominating and concurring in nomination resolutions can be found on the JPIA website www.acwajpia.com/ElectionNews.aspx . ACWA JPIA I P.O. Box 619082, Roseville, CA 95661 I 800.231.57421 www.acwajpia.com 2.5 - 1 California Water Insurance Fund Board An ACWA JPIA Captive Insurance Company Nomination Procedures Approximately 90 Days before Election (February 5, 2019) All ACWA JPIA Directors and Member Districts are to be notified of: A) Date and place of Election; B) California Water Insurance Fund Board positions and terms of office to be filled by election; and C) Nomination Procedures. 90 to 45 Days before Election (February 5 – March 22, 2019) A) A district (that participates in the JPIA Liability Program and at least one of the other programs: Property, Workers’ Compensation, or Employee Benefits) may place into nomination its member of the Board of Directors of ACWA JPIA with the concurrence of three districts, then members of the ACWA JPIA, in addition to the nominating district. B) Sample resolutions are available on the ACWA JPIA website. C) The district is solely responsible for timely submission of the nominating resolution and the three additional concurring in nomination resolutions of its candidate for office. 45 Days before Election (March 22, 2019) A) Deadline and location for receiving the nominating and concurring in nomination resolutions in the ACWA JPIA office: Friday – March 22 2019 – 4:30 p.m. Sylvia Robinson, Publications & Web Editor ACWA JPIA P. O. Box 619082, Roseville, CA 95661-9082 (srobinson@acwajpia.com) B) Candidates' statement of qualifications must be submitted, if desired, with the nominating resolutions. The statement of qualifications must be submitted on one side of an 8½ x 11" sheet of paper suitable for reproduction and distribution to all districts. (MSWord or PDF documents preferred). 14 Days before Election (April 22, 2019) Final notice of the upcoming Election of Executive Committee members will be included as part of the Board of Directors’ meeting packet. Final notice shall include: A) Date, Time, and Place of Election; B) Name and District of all qualified candidates; C) Candidate's statement of qualifications (if received); and D) Election Procedures and Rules. RECEIVED Board of Directors VISTA Jo MacKenzie,Preslde,u IRRIGATION MA? 4 2019 Paul E.Dorey VVIDDISTRICT YORBA LINDA:(ATE DISTRICT Marty Miller 1391 Engineer Street•Vista,California 92081-8840 BY � Patrick H. Sanchez Phone (760) 597-3100• Fax: (760)598-8757 Richard L.Vasquez www.vidwater.org Administrative Staff Brett L.Hodgkiss February 25, 2019 General Manager Lisa R. Soto Board Secretarv° David B.Cosgrove General Counsel ACWA/JPIA Member Agencies Re: Nomination of Paul E. Dorey to the California Water Insurance Fund Board of Directors (an ACWA JPIA Captive Insurance Company) Dear General Manager: The Vista Irrigation District (VID) has nominated Board member Paul E. Dorey to serve on the California Water Insurance Fund Board of Directors. Elections will take place at the JPIA Board of Directors meeting on May 6, 2019 at the Spring ACWA Conference in Monterey, California. Paul has served as VID's representative to the JPIA Board of Directors for 12 years, and he has been a member of the JPIA Liability Subcommittee for 9 years. We hope your organization will concur with this nomination. As a member of ACWA JPIA, Vista Irrigation District requests that your Board submit a resolution of support concurring with the nomination of Paul Dorey to serve on the California Water Insurance Fund, and vote for him at the election. As you can see from the attached background information regarding Paul Dorey, he is well qualified for this position. All concurring nominations must reach the JPIA office to the attention of Sylvia Robinson at P.O. Box 619082, Roseville, CA 95661-9082 by 4:30 p.m. on Friday, March 22, 2019. If you have any questions,please feel free to contact me. Thank you for your consideration. Sincerely, Brett Hodgkiss General Manager Attachments: ➢ Statement of candidacy for Paul E. Dorey ➢ Vista Irrigation District nominating resolution Sample concurring resolution A public agency serving the city of Vista and portions of San Marcos,Escondido, Oceanside and San Diego County Paul E. Dorey Statement of Candidacy for Board of Directors California Water Insurance Fund (an ACWA/JPIA Captive Insurance Company) I am seeking candidacy to become an at-large member of the Board of Directors for the California Water Insurance Fund (Fund). As a member of the Fund's Board of Directors, I will perform my duties and make decisions to guide the captive insurance company to most effectively benefit our member agencies. I will take my responsibility seriously and serve as a useful and productive member of the Fund's Board of Directors. I have served on the ACWA/JPIA Board of Directors since 2007. During the last nine years, I have had the privilege of serving on the Liability Committee of the JPIA. The Liability Committee has successfully kept its focus on providing member agencies with the most comprehensive, affordable and reliable liability insurance possible. Our Committee has recommended significant reductions in the premiums paid by member agencies while also increasing the insurance coverages provided. I was elected to the Vista Irrigation District Board of Directors in 2oo6. The District provides water service to over 135,000 residents in northern San Diego County. I served on the Board of Directors of the Groundwater Resources Association of California, and I currently serve on the San Luis Rey Watershed Council and the Southern California Water Coalition. My wife Nancy and I have lived in Vista since 1971, where we raised our two daughters. My forty-eight years of public service, first in the United States Marine Corps and then in the water industry, have given me the necessary experience and background to serve as a member of the California Water Insurance Fund Board of Directors. My past experience has helped me recognize the importance of safety and risk management and the value of developing appropriate policies and procedures, as well as establishing conservative fiscal controls. I value your trust and will honor it if elected to the California Water Insurance Fund Board of Directors. Thank you for your support. If you have any questions about my candidacy, feel free to contact me at (760) 208-5263 or Paul.DorevPvidwater.org, RESOLUTION NO. 19-10 RESOLUTION OF THE BOARD OF DIRECTORS OF THE NOMINATING ITS ACWA JPIA BOARD MEMBER TO THE CALIFORNIA WATER INSURANCE FUND BOARD AN ACWA JPIA CAPTIVE INSURANCE COMPANY WHEREAS, this district is a member district of the ACWA JPIA that participates in the JPIA's Liability Program and at least one of the other programs: Property, Workers' Compensation, or Employee Benefits; and WHEREAS, the Nominating Procedures for the California Water Insurance Fund Board provide that in order for a nomination to be made to the California Water Insurance Fund Board, the member district must place into nomination its member of the ACWA JPIA Board of Directors for such open position; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vista Irrigation District that its member of the ACWA JPIA Board of Directors, Paul E. Dorey, be nominated as a candidate for the California Water Insurance Fund Board for the election to be held on May 6, 2019. BE IT FURTHER RESOLVED that the ACWA JPIA staff is hereby requested, upon receipt of the formal concurrence of three other member districts to effect such nomination. BE IT FURTHER RESOLVED that the District Secretary is hereby directed to transmit a certified copy of this resolution to the ACWA JPIA at P.O. Box 619082, Roseville, CA 95661- 9082, forthwith. PASSED AND ADOPTED by the following roll call vote of the Board of Directors for the Vista Irrigation District this 20th day of February 2019. AYES: Directors Miller, Vasquez, Dorey, Sanchez, and MacKenzie NOES: None ABSTAIN: None ABSENT: None acKenzie, Presi ATTEST: Lisa R. Soto, Secretary Board of Directors VISTA IRRIGATION DISTRICT Resolution No. 2019-XX Concurring in Nomination of Paul E. Dory to the California Water Insurance Fund Board 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT CONCURRING IN NOMINATION TO THE CALIFORNIA WATER INSURANCE FUND BOARD AN ACWA JPIA CAPTIVE INSURANCE COMPANY WHEREAS, the Yorba Linda Water District (“District”) is a member district of the ACWA JPIA; and WHEREAS, the Nominating Procedures for the California Water Insurance Fund Board provide that in order for a nomination to be made to the California Water Insurance Fund Board, three member districts must concur with the nominating district, and WHEREAS, another ACWA JPIA member district, the Vista Irrigation District, has requested that this District concur in its nomination of its member of the ACWA JPIA Board of Directors to the California Water Insurance Fund Board. NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Yorba Linda Water District that this District concurs with the nomination of Paul E. Dorey of Vista Irrigation District to the California Water Insurance Fund Board. BE IT FURTHER RESOLVED, that the District Secretary is hereby directed to transmit a certified copy of this resolution to the ACWA JPIA at P.O. Box 619082, Roseville, CA 95661-9082, forthwith. PASSED AND ADOPTED this 12th day of March 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, President Yorba Linda Water District Resolution No. 2019-XX Concurring in Nomination of Paul E. Dory to the California Water Insurance Fund Board 2 ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP ITEM NO. 8.3 AGENDA REPORT Meeting Date: March 12, 2019 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Annie Alexander, Executive Assistant Subject:California Special District Association Call for Nominations (Seat B) STAFF RECOMMENDATION: That the Board of Directors consider nominating one Board member or the General Manager as a candidate for election to CSDA's Board of Directors. DISCUSSION: The California Special Districts Association (CSDA) Elections and Bylaws Committee is looking for Independent Special District Board Members or their General Managers who are interested in leading the direction of CSDA for the 2020-22 term. The leadership of CSDA is elected from six geographical networks. Each network has 3 seats on the Board with staggered 3-year terms. Board members are expected to attend all meetings, held every other month in Sacramento. Board Members are also expected to participate on at least one committee which meets 3-5 times a year also in Sacramento and attend both of the following events: Special Districts Legislative Days (held in the spring) and the annual conference (held in the fall). Additionally, Board members are required to complete all four modules of CSDA's Special District Leadership Academy within 2 years. (CSDA does not reimburse for expenses for conference attendance or academy classes even if a Board or committee meeting is held in conjunction with these events.) YLWD is eligible to nominate one person (Board member or General Manager) for election to the CSDA Board of Directors. The deadline for nominations is April 17, 2019. Electronic Ballots will be emailed to the District on June 17, 2019 and due on August 9, 2019 at 5:00 p.m.. The successful candidates will be notified no later than August 14, 2019 and will be introduced at the annual conference in Anaheim in September. The current incumbent in the expiring seat (Seat B) for the southern network is Bill Nelson, Director for the Orange County Cemetery District who is not seeking re-election. ATTACHMENTS: Name:Description:Type: CSDA_Nominations.pdf Backup Material Backup Material RRC El IVSD FEB 19 2019 YORBA LINDA WATER DISTRICT BY California Special Districts Association ©OLEO districts Stronger Together DATE: February 15, 2019 TO: CSDA Voting Member Presidents and General Managers FROM: CSDA Elections and Bylaws Committee SUBJECT: CSDA BOARD OF DIRECTORS CALL FOR NOMINATIONS SEAT B The Elections and Bylaws Committee is looking for Independent Special District Board Members or their General Managers who are interested in leading the direction of the California Special Districts Association for the 2020 - 2022 term. The leadership of CSDA is elected from its six geographical networks. Each of the six networks has three seats on the Board with staggered 3-year terms. Candidates must be affiliated with an independent special district that is a CSDA Regular Member in good standing and located within the geographic network that they seek to represent. (See attached CSDA Network Map) The CSDA Board of Directors is the governing body responsible for all policy decisions related to CSDA's member services, legislative advocacy, education and resources. The Board of Directors is crucial to the operation of the Association and to the representation of the common interests of all California's special districts before the Legislature and the State Administration. Serving on the Board requires one's interest in the issues confronting special districts statewide. Commitment and Expectations: • Attend all Board meetings, usually 4-5 meetings annually, at the CSDA office in Sacramento. • Participate on at least one committee, meets 3-5 times a year at the CSDA office in Sacramento. (CSDA reimburses Directors for their related expenses for Board and committee meetings as outlined in Board policy). • Attend, at minimum, the following CSDA annual events: Special Districts Legislative Days - held in the spring, and the CSDA Annual Conference - held in the fall. (CSDA does not reimburse expenses for the two conferences even if a Board or committee meeting is held in conjunction with the event) • Complete all four modules of CSDA's Special District Leadership Academy within 2 years of being elected. (CSDA does not reimburse expenses for the Academy classes even if a Board or committee meeting is held in conjunction with the event). Nomination Procedures: Any Regular Member in good standing is eligible to nominate one person, a board member or managerial employee (as defined by that district's Board of Directors), for election to the CSDA Board of Directors. A copy of the member district's resolution or minute action and Candidate Information Sheet must accompany the nomination. The deadline for receiving nominations is April 17, 2019. Nominations and supporting documentation may be mailed, faxed, or emailed. Mail: 1112 1 Street, Suite 200, Sacramento, CA 95814 Fax: 916.442.7889 E-mail: amberp@csda.net Once received, nominees will receive a candidate's letter in the mail. The letter will serve as confirmation that CSDA has received the nomination and will also include campaign guidelines. CSDA will begin electronic voting on June 17, 2019. All votes must be received through the system no later than 5:00 p.m. August 9, 2019. The successful candidates will be notified no later than August 13, 2019. All selected Board Members will be introduced at the Annual Conference in Anaheim, CA in September 2018. Expiring Terms (See enclosed map for Network breakdown) Northern Network Seat B-Greg Orsini, GM, McKinleyville Community Services District* Sierra Network Seat B-Ginger Root, GM, Lincoln Rural County Fire Protection District Bay Area Network Seat B-Ryan Clausnitzer, SDA, GM, Alameda County Mosquito Abatement District* Central Network Seat B-Tim Ruiz, GM, West Niles Community Services District Coastal Network Seat B-Jeff Hodge, SDA, GM, Santa Ynez Community Services District* Southern Network Seat B-Bill Nelson, Director, Orange County Cemetery District (* = Incumbent is running for re-election) AGAIN, THIS YEAR! This year we will be using a web-based online voting system, allowing your district to cast your vote easily and securely. Electronic Ballots will be emailed to the main contact in your district June 17, 2019. All votes must be received through the system no later than 5:00 p.m.August 9, 2019. Districts can opt to cast a paper ballot instead;but you must contact Amber Phelen by e-mail .110)07),c' c.�da.iwi by April 17, 2019 in order to ensure that you will receive a paper ballot on time. CSDA will mail paper ballots on June 17 per district request only. ALL ballots must be received by CSDA no later than 5:00 p.m. August 9, 2019. The successful candidates will be notified no later than August 14, 2019. All selected Board Members will be introduced at the Annual Conference in Anaheim, CA in September 2019. If you have any questions, please contact Amber Phelen at amberp(cDcsda.net. California Special Districts Association W©0El Districts Stronger Together 2019 BOARD OF DIRECTORS NOMINATION FORM Name of Candidate: District: Mailing Address: Network: (see map) Telephone: (PLEASE BE SURE THE PHONE NUMBER IS ONE WHERE WE CAN REACH THE CANDIDATE) Fax: E-mail: Nominated by (optional): Return this form and a Board resolution/minute action supporting the candidate and Candidate Information Sheet by fax, mail, or email to: CSDA Attn: Amber Phelen 1112 1 Street, Suite 200 Sacramento, CA 95814 (877) 924-2732 (916) 442-7889 fax amberp@csda.net DEA DL/NE FOR RECE/V/NG NOM/NA TIONS — ADri/ 17, 2019 California Special _ Districts Association (©W13 Districts Stronger Together 2019 CSDA BOARD CANDIDATE INFORMATION SHEET The following information MUST accompany your nomination form and Resolution/minute order: Name: District/Company: Title: Elected/Appointed/Staff: Length of Service with District: 1. Do you have current involvement with CSDA(such as committees, events, workshops, conferences, Governance Academy, etc.): 2. Have you ever been associated with any other state-wide associations (CSAC, ACWA, League, etc.): 3. List local government involvement (such as LAFCo, Association of Governments, etc.): 4. List civic organization involvement: **Candidate Statement—Although it is not required, each candidate is requested to submit a candidate statement of no more than 300 words in length. Any statements received in the CSDA office after April 17, 2019 will not be included with the ballot. California Special Districts Association o©oo DISTRICT NETWORKS Del Norte Siskiyou Modoc Northern Network Shasta Lassen Humbolt Trinity Tehama Plumes Mendocino Glenn Butte Sierra Sierra Network Nev Colus Yub Placer Lake utt r Yolo EI Dorado SonomaNapa Alpin ,", Bay Area Sac. Amada o ----" Network Calaveras arin SolanSan Tuolumne ntra Cost Joaquin Mono Ahmed — Saranc ` Central Network Stanisi Maripos San teo Santa are Merced Sa ruz Madera San Fresno Benito Inyo Monterey Tulare Kings Coastal Network San Luis Obispo Kern Santa San Bernardino Barbara Ventura Los Angeles range Riverside Southern Network fG San Diego Imperial LAST UPATED APR.15,2016 ITEM NO. 8.4 AGENDA REPORT Meeting Date: March 12, 2019 Budgeted:Yes Total Budget:$2,000,000 To:Board of Directors From:Marc Marcantonio, General Manager Prepared By:Kaden Young, Management Analyst Subject:Applications to United States Department of the Interior, Bureau of Reclamation's WaterSMART: Water and Energy Efficiency Grant Program and CalFED Water Use Efficiency Grant Program SUMMARY: The District is submitting grants applications, totaling $2,000,000, to the Bureau of Reclamation for implementation of the Advanced Metering Infrastructure project. STAFF RECOMMENDATION: That the Board of Directors adopt resolutions authorizing the General Manager, or designee, to submit applications to the United States Department of the Interior, Bureau of Reclamation's WaterSMART: Water and Energy Efficiency Grant Program in the amount of $1.5 million and CalFED Water Use Efficiency Grant Program in the amount of $500,000 for installation of the District's Advanced Metering Infrastructure (AMI) Project. DISCUSSION: The Bureau of Reclamation issued two grant funding programs: Water and Energy Efficiency Grant Program ($1,500,000 maximum per project) and CalFED Water Use Efficiency Grant Program ($500,000 maximum per project). The District's AMI Project is applicable under the "Municipal Metering" category for both grants. By upgrading the current meters and meter reading process, the District would have near real-time data for its distribution system. These sets of data would help reconfigure the current system's energy usage (pumping energy and vehicle fuel) and reduce/prevent system leakage. The detailed data will also help implement better water use efficiency and water conservation programs. STRATEGIC PLAN: G2 4B - Research and obtain grant/low interest loans or Energy Services Company funding for capital projects. ATTACHMENTS: Name:Description:Type: Resolution_No._2019-XX_-_WaterSMART_Grant.docx Resolution Resolution Resolution_No._2019-XX_-_CalFED_Grant.docx Resolution Resolution Resolution No. 2019-XX Application for BOR WaterSMART: Water & Energy Efficiency Grant Program 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AUTHORIZING THE GENERAL MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND ENTER INTO A COOPERATIVE AGREEMENT, AND ADMINISTER GRANT(S) FROM THE BUREAU OF RECLAMATION’S WATERSMART: WATER AND ENERGY EFFICIENCY GRANT PROGRAM WHEREAS, the United States Department of the Interior, Bureau of Reclamation, Policy and Administration has provided funds for the program shown above; and WHEREAS, the Bureau of Reclamation has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the Federal Government; and WHEREAS, the Yorba Linda Water District, if selected, will enter into an agreement with the Bureau of Reclamation to carry out the Advanced Metering Infrastructure Project. NOW, THEREFORE, the Board of Directors of Yorba Linda Water District does find, determine, and resolve: Section 1: The General Manager, or designee, is hereby authorized to acknowledge, approve, and submit all required documents pertaining to the grant application. Resolution No. 2019-XX Application for BOR WaterSMART: Water & Energy Efficiency Grant Program 2 Section 2: The General Manager, or designee, is hereby authorized to certify that the District will have sufficient matching funds to operate and maintain the grant project requirements in the amount not to exceed $1,500,000. Section 3: The General Manager, or designee, will work with Bureau of Reclamation to meet established deadlines for entering into a cooperative agreement. Section 4: The General Manager, or designee, as agent to conduct all negotiations, execute and submit all required documents including, but not limited to, agreements, payment requests and so on, which may be necessary for the completion of the project. PASSED AND ADOPTED this 12th day of March 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP Resolution No. 2019-XX Application for BOR CalFED W ater Use Efficiency Grant Program 1 RESOLUTION NO. 2019-XX RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AUTHORIZING THE GENERAL MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND ENTER INTO A COOPERATIVE AGREEMENT, AND ADMINISTER A GRANT FROM THE BUREAU OF RECLAMATION’S CALFED WATER USE EFFICIENCY GRANT PROGRAM WHEREAS, the United States Department of the Interior, Bureau of Reclamation, Mid- Pacific Region has provided funds for the program shown above; and WHEREAS, the Bureau of Reclamation has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures require a resolution certifying the approval of application(s) by the Applicant’s governing board before submission of said application(s) to the Federal Government; and WHEREAS, the Yorba Linda Water District, if selected, will enter into an agreement with the Bureau of Reclamation to carry out the Advanced Metering Infrastructure Project. NOW, THEREFORE, the Board of Directors of Yorba Linda Water District does find, determine, and resolve: Section 1: The General Manager, or designee, is hereby authorized to acknowledge, approve, and submit all required documents pertaining to the grant application. Resolution No. 2019-XX Application for BOR CalFED W ater Use Efficiency Grant Program 2 Section 2: The General Manager, or designee, is hereby authorized to certify that the District will have sufficient matching funds to operate and maintain the grant project requirements in the amount not to exceed $500,000. Section 3: The General Manager, or designee, will work with Bureau of Reclamation to meet established deadlines for entering into a cooperative agreement. Section 4: The General Manager, or designee, as agent to conduct all negotiations, execute and submit all required documents including, but not limited to, agreements, payment requests and so on, which may be necessary for the completion of the project. PASSED AND ADOPTED this 12th day of March 2019 by the following called vote: AYES: NOES: ABSTAIN: ABSENT: Brooke Jones, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gagen, Esq. Kidman Gagen Law LLP ITEM NO. 9.1 AGENDA REPORT Meeting Date: March 12, 2019 From:Marc Marcantonio, General Manager Subject:Water Use Efficiency Program ATTACHMENTS: Name:Description:Type: Water_Use_Efficiency_Program.pdf Backup Material Backup Material Yorba Linda Water District Item Water se Efficiency Program Presented By: Brett R. Barbre, Assistant General Manager Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District 8 . 3 DISCUSSION Water Use EfficiencyProgram YLWD History: We will have a robust program as long as it does not cost the ratepayers any money. Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Water Use EfficiencyProgram YLWD History (2012 to 2019) High Efficiency Toilets 11 261 installed 388 of of water saved 3 Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Item 8 . 3 - DISCUSSION- Water Use EfficiencyProgram YLWD History (2012 to 2019) High Efficiency Washers 3, 841 installed 11 056 of of water saved Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Water Use EfficiencyProgram YLWD History (2012 to 2019) Smart Timers 453 Residential; 196 Commercial installed 989 of of water saved Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Water Use EfficiencyProgram YLWD History (2012 to 2019) Rotating Nozzles 5, 824 Residential; 1, 103 Commercial; 500 Large Installed 515 of of water saved Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Item 8 . 3 - DISCUSSION- Water Use EfficiencyProgram YLWD History (2012 to 2019) Commercial Plumbing Fixtures 933 Commercial 684 of of water saved 7 Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Item 8 . 3 - DISCUSSION- Water Use EfficiencyProgram YLWD History (2012 to 2019) Industrial ProcessMater Savings 1 process 7 of of water saved Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Water Use EfficiencyProgram YLWD History (2012 to 2019) Turf Removal Residential - 524, 569 s/f; Commercial - 133, 383 s/f 382 of of water saved Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District r Water Use EfficiencyProgram MWD Updated Turf Removal Program • Residential $2.00 sq. ft. for up to 5,000 sq. ft. • Commercial $2.00 sq. ft. for up to 50,000 sq. ft. • Artificial/Synthetic Turf remains ineligible • Plant Requirement Change: from 5 plants per 100 square feet of area transformed to 3 plants per 100 square feet • A storm water retention feature • No hardscape within the transformed area, expect permeable hardscape • Replacement or modification of overhead spray sprinklers • Front Yard First Requirement Removed Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Item 8 . 3 - DISCUSSION- Water Use EfficiencyProgram Rebate Pricing • High Efficiency Clothes Washer - $85 • Smart Timer Controllers — $80 • Rotating Nozzles — $2/each with minimum of 30 installed • Turf Removal — $2.00 per s/f • High Efficiency Toilets — $40 • Soil Moisture Sensors - $80 • Rain Barrels - $35 per rain barrel/ $250 per cistern Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District 8 DISCUSSION Water Use EfficiencyProgram Board Policy Questions • How much money does YLWD intend to invest to encourage its customers to not purchase our water? • What will be the rate impacts of such an investment? • Which programs can be expanded? • Are there any programs YLWD wishes to increase the local investment (add $1 .00 to $3.00 per s/f to turf removal, etc.) to increase local participation? Item 9.1 — Discussion - 03-12-19 Yorba Linda Water District Yorba. Linda Water District 13 Item 9.1 — Discussion - 03-12-19 ITEM NO. 9.2 AGENDA REPORT Meeting Date: March 12, 2019 Subject:Board Goals for 2019 Calendar Year DISCUSSION: The Board discussed this matter at the previous regular meeting. Some of the goals considered are as follows: 1. Development of Ten Year Capital Improvement Plan 2. Implement Two Year Budget Cycle 3. Conduct One Budget Workshop 4. Development of Communications Plan (Due 3 Months Following Hire of Director of Public Affairs) 5. Prepare for Proposition 218 Community Outreach Process Beginning January 2020 ITEM NO. 10.1 AGENDA REPORT Meeting Date: March 12, 2019 Subject: Directors' Reports • Intergovernmental Meetings, Conferences, and Events SUMMARY: The Directors will report on their attendance at the following events: 1. UWI Spring Conference - February 27 - March 1, 2019 (Jones) 2. OCSD Board - February 27, 2019 (Hawkins) 3. Govt Tech Customer Experience Webinar - February 28, 2019 (Miller) 4. WACO - March 1, 2019 5. ISDOC Executive Committee - March 5, 2019 (Nederhood) 6. SAWPA Commission - March 5, 2019 (Jones -As Needed) 7. YL City Council - March 5, 2019 (Nederhood) 8. MWDOC Board - March 6, 2019 (Nederhood) 9. OCWD Board - March 6, 2019 (Jones) ITEM NO. 12.1 AGENDA REPORT Meeting Date: March 12, 2019 Subject:Meetings from March 13 - May 31, 2019 ATTACHMENTS: Name:Description:Type: BOD_-_Activities_Calendar.pdf Backup Material Backup Material Board of Directors Activity Calendar Event Date Time Attendance By March OC LAFCO Wed, Mar 13 8:15 AM TBD YL Planning Commission Wed, Mar 13 6:30 PM Hawkins (As Needed) Joint Committee with City of Yorba Linda Mon, Mar 18 4:00 PM Jones/Hawkins WACO Planning Committee Tue, Mar 19 7:30 AM Jones/Nederhood SAWPA Commission Tue, Mar 19 9:30 AM Jones (As Needed) YL City Council Tue, Mar 19 6:30 PM Jones MWDOC Board Wed, Mar 20 8:30 AM Miller/Nederhood SAWPA Commission Wed, Mar 20 9:30 AM TBD OCWA Luncheon Wed, Mar 20 11:30 AM Jones OCWD Board Wed, Mar 20 5:30 PM Jones Board of Directors Regular Meeting Tue, Mar 26 6:30 PM OCSD Board Wed, Mar 27 6:00 PM Hawkins YL Planning Commission Wed, Mar 27 6:30 PM Hawkins (As Needed) ISDOC Thu, Mar 28 11:30 AM TBD Interagency Committee Meeting with MWDOC and OCWD Thu, Mar 28 4:00 PM Jones/Hawkins April ISDOC Executive Committee Tue, Apr 2 7:30 AM Nederhood SAWPA Commission Tue, Apr 2 9:30 AM Jones (As Needed) YL City Council Tue, Apr 2 6:30 PM Hawkins MWDOC Board Wed, Apr 3 8:30 AM Miller/Nederhood OCWD Board Wed, Apr 3 5:30 PM Jones WACO Fri, Apr 5 7:30 AM TBD Board of Directors Regular Meeting Tue, Apr 9 6:30 PM OC LAFCO Wed, Apr 10 8:15 AM TBD YL Planning Commission Wed, Apr 10 6:30 PM Hawkins (As Needed) WACO Planning Committee Tue, Apr 16 7:30 AM Jones/Nederhood SAWPA Commission Tue, Apr 16 9:30 AM Jones (As Needed) YL City Council Tue, Apr 16 6:30 PM Hall MWDOC Board Wed, Apr 17 8:30 AM Miller/Nederhood SAWPA Commission Wed, Apr 17 9:30 AM TBD OCWA Luncheon Wed, Apr 17 11:30 AM TBD OCWD Board Wed, Apr 17 5:30 PM Jones Board of Directors Regular Meeting Tue, Apr 23 6:30 PM MWDOC/OCWD Joint Planning Committee Wed, Apr 24 8:30 AM TBD OCSD Board Wed, Apr 24 6:00 PM Hawkins YL Planning Commission Wed, Apr 24 6:30 PM Hawkins (As Needed) Board of Directors Activity Calendar Event Date Time Attendance By May MWDOC Board Wed, May 1 8:30 AM Miller/Nederhood OCWD Board Wed, May 1 5:30 PM Jones WACO Fri, May 3 7:30 AM TBD ACWA-JPIA Spring Conference Mon, May 6 8:00 AM ISDOC Executive Committee Tue, May 7 7:30 AM Nederhood ACWA-JPIA Spring Conference Tue, May 7 8:00 AM ACWA Spring Conference Tue, May 7 8:00 AM SAWPA Commission Tue, May 7 9:30 AM Jones (As Needed) YL City Council Tue, May 7 6:30 PM Miller ACWA Spring Conference Wed, May 8 8:00 AM OC LAFCO Wed, May 8 8:15 AM TBD YL Planning Commission Wed, May 8 6:30 PM Hawkins (As Needed) ACWA Spring Conference Thu, May 9 8:00 AM ACWA Spring Conference Fri, May 10 8:00 AM Board of Directors Regular Meeting Tue, May 14 6:30 PM MWDOC Board Wed, May 15 8:30 AM Miller/Nederhood SAWPA Commission Wed, May 15 9:30 AM TBD OCWA Luncheon Wed, May 15 11:30 AM TBD OCWD Board Wed, May 15 5:30 PM Jones District Open House Sat, May 18 10:00 AM Specific Time TBD WACO Planning Committee Tue, May 21 7:30 AM Jones/Nederhood SAWPA Commission Tue, May 21 9:30 AM Jones (As Needed) YL City Council Tue, May 21 6:30 PM Nederhood OCSD Board Wed, May 22 6:00 PM Hawkins YL Planning Commission Wed, May 22 6:30 PM Hawkins (As Needed) Interagency Committee Meeting with MWDOC and OCWD Thu, May 23 4:00 PM Jones/Hawkins District Offices Closed Mon, May 27 7:00 AM Board of Directors Regular Meeting Tue, May 28 6:30 PM OC Water Summit Fri, May 31 7:30 AM TBD As of March 6, 2019