HomeMy WebLinkAbout2009-07-21 - Executive-Administrative-Organizational Committee Meeting Agenda Packet (Cancelled)
'rb Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Tuesday, July 21, 2009, 4:00 PM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director William R. Mills, Vice Chair Ken Vecchiarell' en I Manager
Director Ric Collett, Alternate Pat Grady, A i t G eral Manager
1. PUBLIC COMMENTS
Any individual wishing to address the committee is requ sted to n ' themselves and state the matter on
which they wish to comment. If the matter is on this a e the co ittee Chair will recognize the individual for
their comment when the item is considered. No act' will to on matters not listed on this agenda.
Comments are limited to matters of public intere nd He ithin the jurisdiction of the Water District.
Comments are limited to five minutes.
2. ACTION CALENDAR
This portion of the agenda is for items r taff sentations and committee discussions are needed prior to
formal committee action.
2.1. Conflict of Interest C de view
Recommendati t the Committee recommend that the Board of Directors
adopt R do 9-09 and direct the Secretary to file the District's amended
Conflict Inte Code with the Clerk of the Orange County Board of Supervisors.
3. DISCUSSION ITEM
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
3.1. Payment Options for Grandview Sewer
3.2. Report on Legislative Activities - Sacramento Advocates
3.3. Report on Grant Activities - Townsend Public Affairs
3.4. Report on Legislative Bills - McCormick, Kidman & Behrens
3.5. General Counsel's Monthly Summary Billing Report
3.6. Future Agenda Items and Staff Tasks
4. ADJOURNMENT
4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held August 18, 2009 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 2.1
AGENDA REPORT
Meeting Date: July 21, 2009 Budgeted: N/A
Total Budget: N/A
To: Executive-Administrative- Cost Estimate: N/A
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General Manager Account No: N/A
Job No: N/A
Presented By: Ken Vecchiarelli, General Manager Dept: Administration
Reviewed b ega. Yes
Prepared By: Annie Alexander, Executive CEQA a N/A
Secretary
Subject: Conflict of Interest Code Review
SUMMARY:
The Political Reform Act requires every local gover e a to review its conflict of interest code
biennially to determine if it is accurate or requires m . State law stipulates that the Orange County
Board of Supervisors (OCBOS) is the code re ' n or the District's Conflict of Interest Code. The
Clerk of the OCBOS has requested the Distri mod' 1 2008 code amendment to conform to a
standardized format.
STAFF RECOMMENDATION:
That the Committee recommend the and of Directors adopt Resolution 09-09 and direct the
Secretary to file the District's ame ict of Interest Code with the Clerk of the Orange County Board
of Supervisors.
DISCUSSION:
The District last amended its ict of Interest code on September 11, 2008 by Resolution No. 08-10.
Staff then forwarded a copy of the District's amended code to the Clerk of the OCBOS for review and
approval by the OCBOS as required by California Government Code Section 87303. Following review,
Darlene Bloom, Clerk of the OCBOS requested that the District modify its 2008 code amendment to
conform to a standardized format. Staff corresponded with Ms. Bloom via teleconference on June 10th to
further discuss the recommended modifications. The attached resolution reflects these modifications and
has been reviewed by Ms. Bloom and District's legal counsel. Ms. Bloom will be attending the Committee
meeting to review the new code amendment policy and Form 700 filing requirements.
ATTACHMENTS:
Resolution 09-
09 Adopting a Conflict of Interest_Code.doc
RESOLUTION NO. 09-09
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ADOPTING A CONFLICT OF INTEREST CODE
WHICH SUPERSEDES ALL PRIOR CONFLICT OF
INTEREST CODES AND AMENDMENTS
PREVIOUSLY ADOPTED
WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et.
seq. ("the Act"), requires a local government agency to adopt a Conflict of
Interest Code pursuant to the Act; and
WHEREAS, the Yorba Linda Water District has previousl dopted a Conflict of
Interest Code and that Code now requires upd g;
WHEREAS, amendments to the Act have in the past f e ly will in the future
require conforming amendments to be t he Conflict of Interest
Code; and
WHEREAS, the Fair Political Practices C missi as adopted a regulation, 2
California Code of Regulatio S o 730, which contains terms for a
standard model Conflict of me st Code, which, together with
amendments thereto, b adopted by public agencies and
incorporated by refer ce t e public agencies time and money by
minimizing the act' equi d of such agencies to keep their codes in
conformity with the tl eform Act.
NOW THEREFORE BE E LVED by the Board of Directors of the Yorba Linda
Water District as follows:
Section 1. The rms California Code of Regulations, Section 18730 and any
amen to it duly adopted by the Fair Political Practices Commission
are here y incorporated by reference and, together with Exhibits A and B
in which members and employees are designated and disclosure
categories are set forth, constitute the Conflict of Interest Code of the
Yorba Linda Water District.
Section 2. The provisions of all Conflict of Interest Codes and Amendments thereto
previously adopted by the Yorba Linda Water District and hereby
superseded.
Section 3. The Filing Officer is hereby authorized to forward a copy of this Resolution
to the Clerk of the Orange County Board of Supervisors for review and
approval by the Orange County Board of Supervisors as required by
California Government Code Section 87303.
Resolution No. 09-09 Adopting a Conflict of Interest Code 1
PASSED AND ADOPTED this 23rd day of July 2009, by the following called vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
John W. Summerfield, President
Yorba Linda Water District
ATTEST: IQ
*0"'
Ken Vecchiarelli, Secretary
Yorba Linda Water District
Reviewed as to form by General Co I:
Arthur G. Kidman, Esq.
McCormick, Kidman and
Resolution No. 09-09 Adopting a Conflict of Interest Code 2
CONFLICT OF INTEREST CODE OF THE
YORBA LINDA WATER DISTRICT
The Political Reform Act, Government Code Sections 81000, et seq., requires
state and local government agencies to adopt and promulgate Conflict of Interest
Codes. The Fair Political Practices Commission has adopted a regulation (2
California Code of Regulations, Section 18730) which contains the terms of a
standard Conflict of Interest Code, which may be incorporated by reference in an
agency's code. After public notice and hearing it may be amended by the Fair
Political Practices Commission to conform to amendments in the Political Reform
Act. Therefore, the terms of 2 California Code of Regulations, Section 18730
and any amendments to it duly adopted by the Fair Political Practices
Commission are hereby incorporated by reference. This regulation and the
attached Appendix designating officials and emplo es and establishing
disclosure categories, shall constitute the Conflict of ere Code of the Yorba
Linda Water District.
Designated employees shall file statements of e i ' terests with the Yorba
Linda Water District's Political Reform Act iling r, Board Secretary, who
will make the statements available for lic spection and reproduction
(Government Code Section 82008). U n rece of the statements of the Yorba
Linda Water District Board of Dire rs, a al Manager or Designee of the
General Manager, the Filing Offic s m e and retain a copy and forward the
original of these statements k of the Orange County Board of
Supervisors. Statements fo II of signated employees will be retained by
the Filing Officer.
Resolution No. 09-09 Adopting a Conflict of Interest Code 3
APPENDIX
CONFLICT OF INTEREST CODE OF THE
YORBA LINDA WATER DISTRICT
EXHIBIT A
LIST OF DESIGNATED POSITIONS
Designated Positions Disclosure Categories
Member of the Board of Directors OC-01
Candidate for the Board of Directors OC-01
General Manager PC-01
Assistant General Manager C-01
Designee of the General Manager -01
Auditor C-01
Attorney OC-01
Consultant OC-30
Finance Director OC-41
Engineering Manager OC-41
Human Resources Manager OC-41
Information Technology Director OC-41
Operations Manager OC-41
Resolution No. 09-09 Adopting a Conflict of Interest Code 4
EXHIBIT B
LIST OF DISCLOSURE CATEGORIES
Disclosure Category Disclosure Description
OC-01 All interests in real property in Orange County or the District, as well as
investments, business positions and sources of income (including gifts,
loans and travel payments).
OC-30 Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest category in the code subject to the
following limitation: The Department Head/Director may determine that a
particular consultant, although a "designated position", is hired to perform a
range of duties that is limited in scope and thus is not required to fully
comply with the disclosure requirements is section. Such written
determination shall include a descriptio of th consultant's duties and,
based upon that description, a sta a of a extent of disclosure
required. The determination of dis s is public record and shall be
filed with the Form 700 and retai the Filing Office for public
inspection.
OC-41 All interests in real proper in County or the District, as well as
investments in, business tions Sth and income (including gifts, loans
and travel payment fr rces that provide services, supplies,
materials, machinery, is or equipment (including training and
consulting servic se is department.
Resolution No. 09-09 Adopting a Conflict of Interest Code 5
ITEM NO. 3.1
AGENDA REPORT
Meeting Date: July 21, 2009
To: Executive-Administrative-
Organizational Committee
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General
Manager
Prepared By: Steve Conklin, Engineering
Manager
Subject: Payment Options for Grandview Sewer
SUMMARY:
An unapproved connection was made to the Grandview wer a e time of construction for which
payment is being pursued. Payment options have b en ide ' i and staff is requesting direction
from the Committee for follow-up action.
DISCUSSION:
On May 28, 2009, the Board approved an ste tage fee charge for construction of the
Grandview Sewer in the amount of $15 7 for ch of the ten residences which can be served by
the sewer line. The sewer line was con u . 2007 with District funds as part of a larger
pipeline project, with the intent of residents on Grandview reimburse the District for their
proportional share of the constructio os d other related fees for hookup to the new sewer. At
the time of construction, an un onnection was made to the sewer for 5551 Grandview
Avenue, owned by Mr. An a
With the Board's approv of th frontage fee, staff moved forward to request payment from Mr.
Marovic for his existing co on to the sewer. Staff sent a letter to Mr. Marovic dated June 1,
2009 (copy attached), advising him of the payment due to the District and of his responsibility to pay
other fees due the City of Yorba Linda. Staff met with Mr. Marovic on June 4 to discuss the situation
and his plan for payment. He indicated that he would investigate options for payment. Staff had
follow-up telephone conversations with Mr. Marovic in mid-June. He indicated that due to the
current economic situation he is unable to get a loan to cover the payment and asked if the District
might allow payment over time. Following internal discussions including consultation with the
District's legal counsel, the following options are presented here for further consideration:
1. Advise Mr. Marovic that the District will add $19,146 in past due sewer fees to his next water
bill and will shut off water service in accordance with established policies and procedures if
these fees are not paid in a timely manner.
2. Schedule a meeting with an assessment district attorney, to discuss the feasibility and cost of
forming an assessment district for the 10 homeowners.
3. Advise Mr. Marovic that he broke the law and that the District has the right to prosecute.
However, the District prefers a more positive approach in the form of a settlement agreement.
The agreement would be full payment now, or entering into an agreement for payment in full
within five years. If Mr. Marovic desires the latter, it would include interest on the unpaid
balance (perhaps 5% APR or other as approved by the Board), payment of all legal fees to
develop and execute the settlement agreement, and placing a lien on the property as
collateral.
At this time, staff is requesting direction from the EOA Committee as to the option or options that
staff can offer to Mr. Marovic. Staff recommends Options 3 if the property owner is willing to
negotiate in good faith, acceptable terms for this option. Otherwise, staff recommends Option 1.
Staff has scheduled a meeting with Mr. Marovic on August 3 to discuss the next steps.
ATTACHMENTS:
Grndview_Ltr Marovich_1Jun09.pdf dent Request Letter Backup Material
Water District
Reliable and Trusted Service
for More Than 100 Years
June 1, 2009
Mr. Ante Marovich
5551 Grandview Avenue
Yorba Linda, CA 92886
Subject: Grandview Sewer Main Update/ Unpermittcd Connection
Dear Mr. Marovich,
This is to update you on the status of the subject project. Can ?8, 2009, the Board of
Directors approved an adjusted frontage flee charge for construed oft roject in the amount
of S 15,767 for each of the ten residences which can be se , l he wer line. For those
homeowners who choose to connect, the District will als 01.1' a .ign cast of $1,610 per
residence. These amounts represent the homeowner's sh of e District's total design,
construction and inspection cost for the installation c h0 sew lain on Grandview Avenue.
It does not include fees that arc normally paid to conn to public sewer system., or other
charges by the City of Yorba l:inda to connect t sewer.
The District has found that your propert w, co r ected to the new sewer in Grandview
Avenue during construction activities eb r -007. The following payments are due to
Yorba Linda Water District within --~0 ays of is otter:
$15,767.00 Cons 1 inspection cost
51,610.00 Design st
$448.20 L P based on 0.27 acres
S17180 ' 00 Si e vice Fee
$141. M cnance Fee for 28 months
S19,146. T a due by July 1, 2009
Vote that other fees are also clue and payable to the City of Yorba Linda.. Please contact the
City regarding those fees. If you have any questions, please call.
Sincerely (6.)
YP
vc Conklin, P.E.
Sa'
Engineering Manager
(714) 701-3102
copy: Kenneth R. Vecch arelli, General Manager, YLWD
Matt Bennett, Sr. Civil Engineer, City of Yorba Linda
1717 E. Miraloma Avenue Placentia, CA 92870 714-701-3000 714-701-3058 Fax
ITEM NO. 3.2
AGENDA REPORT
Meeting Date: July 21, 2009
Subject: Report on Legislative Activities - Sacramento Advocates
ATTACHMENTS:
SA - July Activity Report.doc ~A - July Activity Report Report(s)
Barry S. Brokaw
Donne Brownsey Sacramento Advocates, Inc.
Cassie Gilson
A California based Public Affairs and Governmental Relations Firm
Sen. Dan Boatwright (Ret.)
General Counsel 1215 K Street, Suite 2030 ❑ Sacramento, CA 95814
Phone (916) 448-1222 ❑ Fax (916) 448-1121
Sen. Mike Machado (Ret.)
Consultant
To: YLWD Board of Directors
From: Barry Brokaw
Re: State Capitol Update
Date: July 14, 2009
Overview
State Bud et Issues Dominate Sacramento Discussion; Wat nVt ollow
NIF
As of this writing, the state and its current $26.3 billion deficit s unresolved. Meanwhile,
IOUs from the cash-strapped state continue to pile up in ilbo across the state: As of July
13, 2009, California had issued 129,786 IOUs this onth, g $435,706,583.33, to vendors,
taxpayers awaiting refunds, local governments rs, cording to State Controller John
Chiang.
The Controller just closed the books on -0 reported that during the past year, the state
received $85.2 billion in general fund r enue including $43.7 billion in personal income
taxes. $23.7 billion in sales taxes an ion in corporate income taxes - and spent
$98.2 billion.
That $85.2 billion is $11.2 e than the state received from those same sources in 2007-
08, thanks to the reces ' , pe onal income taxes accounting for the entire net decline.
Even with sales and come rate hikes enacted in February, general fund revenue is expected
to be - at best - flat i 10. The current official estimate is $85.8 billion, but the trend is
downward and no one would be surprised if revenue dropped to as low as $80 billion.
Put those numbers together and 2009-10 revenue will fall at least $15 billion short of financing
the workload budget. Throw in the leftover shortfall from 2008-09 and add a modest reserve,
and the deficit facing the state is more than $26 billion.
Schwarzenegger and legislators appear to be wrangling over spending cuts in the $12 billion to
$16 billion range, with the remainder of the "solutions" to be various forms of borrowing,
deferrals and so forth. Even though the Governor insists "this is the year we have to stop
promising people things we can't deliver," whatever emerges from his discussions with
legislators from both parties will fall well short of erasing the entire deficit.
In fact, the non-partisan Legislative Analyst is projecting annual budget deficits in the $25
The state's economy shows no signs of hitting bottom, much less rebounding, and the latest tax
increases and many of the spending cuts are temporary, effective for no more than a couple of
years.
Borrowing From Local Governments
Still on the bargaining table is the Governor's proposal to borrow $1.98 billion from local
governments through the suspension of Proposition IA (2004). The suspension, which requires
legislation, allows the state to divert to schools up to 8% of property tax revenues of cities, counties
and special districts. Repayment, with interest, must be made within three years. The Governor is
also proposing legislation to authorize a joint powers authority to facilitate local government
borrowing against the state's repayment promise. Essentially, local governments would securitize
the "loan" to the State, allowing bonds to be sold to investors to replace the borrowed monies. Still
in the Governor's proposal at this time:
Counties-The Administration's Prop IA suspension shifts $960 million from the counties (in
contrast, the 2004-05 and 2005-06 property tax shifts redirected $ illion each year from
counties).
Cities-The Administration's Prop IA suspension shifts $69 i ' n the cities (in 2004-05
and 2005-06, the state shifted $350 million each year from the es
Special Districts-The Governor proposes to suspe d Prop shift to K-14 education in 2009-
10 a total of 8% of the property taxes received b a speci istrict, city and county. Under this
formula, $330 million would be shifted fro p .a ricts (in 2004-05 and 2005-06, $350
million in special district property taxes was ed -14 education. Specifically, enterprise
districts shifted 40% of their property t s nd nterprise districts shifted up to 10%)
There is some additional concern tha e ould borrow more than one-quarter of the amount
from waste and water enterpris nd borrow less from non-enterprise districts with less
flexibility, as the Office of Le ative Analyst is suggesting.
Mai or Water Polic t o e islative A enda
It appears that a s ific t effort will be launched shortly to address the future of the
Sacramento/San Joaquin ver Delta in moving water from Northern to Southern California. Five
bills have been stripped down to intent language to address these issues (AB 49, Feuer, dealing with
water conservation requirements; AB 39 Huffman which will deal with the Delta Plan and the use
of Natural Community Conservation Plans; SB 12, Simitian, Delta Governance and alternative
conveyance mechanisms; SB 458, Wolk, Delta Conservancy and the Delta Protections Commission;
and SB 229, Pavley, early water actions needed before adoption of a final Delta plan. Missing at this
point in time is the above ground storage component, which Republicans consider the most
important part of an eventual package. Concerns abound over the construction of a massive
Peripheral Canal to route water for 50 miles around the Delta, and the costs associated with General
Obligation Bonds to finance storage facilities.
The bills will be sent to a j oint Senate-Assembly Conference Committee which will hold hearings
sometime this summer on the thus-far unreleased plans. Action could commence swiftly upon
passage of the budget "fix."
Legislation of Interest
We continue to track the following bills:
AB 28 (Jeffries) Natural gas engines: water movement: emissions limitation
requirements. (A-04/13/2009 html pdf)
Summary:
Existing law imposes various limitations on emissions of air contaminants for the control of
air pollution from vehicular and nonvehicular sources. Existing law generally designates the
State Air Resources Board as the state agency with the primary responsibility for the control
of vehicular air pollution, and air pollution control districts and air quality management
districts with the primary responsibility for the control of air pollution from all sources other
than vehicular sources. This bill would require any requirement imposed by an air pollution
control district, an air quality management district, or other local c local regulatory
body relating to emissions limitations on, or imposing monitori
sting nspection,
91
maintenance, or reporting requirements relating to emission us d e use of a natural
gas engine, as defined, to comply with prescribed requireme
Note: This bill would be very helpful for special dis icts in outh Coast Air Quality
Management District, but there was massive opposi to is regulatory carve out by
all the major air quality districts in Ca. The b' was de ed on a party line vote, but
was granted reconsideration. Air quality r lat c e out bills always face a tough
time from this Legislature. DEAD FOR E A .
Status: 06/08/2009-Failed Deadline p a o e 61(a)(8). (Last location was NAT.
RES. on 5/4/2009)
AB 39 (Huffman) Sac an Joaquin Delta. (A-07/09/2009 html pdf)
Summary:
Existing law requires vario gencies to carry out programs, projects, and activities on
behalf of the Sacra nto-Sa oaquin Delta and Suisun Marsh. Existing law requires the
Secretary of the Na ral R ources Agency to convene a committee to develop and submit to
the Governor and th . ature, on or before December 31, 2008, a Strategic Vision for a
Sustainable Sacramento-San Joaquin Delta with specified components. This bill would state
the intent of the Legislature to enact legislation to establish a Sacramento-San Joaquin Delta
Plan.
Note: A bill for the Water Conference Committee
Status: 07/13/2009-In Assembly. Concurrence in Senate amendments pending. May be
considered on or after July 15 pursuant to Assembly Rule 77.
AB 49 (Feuer) Water conservation. (A-07/09/2009 html pdf)
Summary:
Existing law requires the Department of Water Resources to undertake or administer various
programs related to water conservation. This bill would state the intent of the Legislature to
enact legislation to establish a 20% water efficiency requirement for the year 2020 for
agricultural and urban water users.
Note: A bill for the water conference committee.
Status: 07/13/2009-In Assembly. Concurrence in Senate amendments pending. May be
considered on or after July 15 pursuant to Assembly Rule 77.
AB 450 (De La Torre) Recycled water: oil refineries. (A-04/21/2009 html Pdf)
Summary:
Existing law declares that the use of potable domestic water for various nonpotable uses is a
waste or an unreasonable use of water, and prohibits a person or public agency from using
water from any source of quality suitable for potable domestic use for various nonpotable
purposes, including cemeteries, golf courses, parks, highway landscaped areas, and industrial
and irrigation uses, if suitable recycled water is available. This bill would declare that the use
of potable domestic water for oil refineries is a waste or unreasonable use of water, if certain
requirements are met. The bill would additionally prohibit a person or public agency from
using potable water for oil refinery purposes, if certain requirements met. The bill would
state that it is the intent of the Legislature to provide incentives to cili compliance with
these provisions. These provisions would become operative on 1, 020.
Note: Do we have any oil refineries within the service ar , a i o they receive
potable water? DEAD FOR THE YEAR.
Status: 06/02/2009-Failed Deadline pursuant to Ru 61(a)( ast location was APPR.
on 05/28/2009)
AB 969 (Calderon, Charles) Recy to . -02/26/2009 html pdf)
Summary:
Existing law, the Water Recycling Ac of 19 e ablishes a statewide goal to recycle a total
of 700,000 acre-feet of water per he ar 2000 and 1,000,000 acre-feet of water per
year by the year 2010. The act re o e extent that specified funds are made available,
the Department of Water Resou s o ntify and report to the Legislature on opportunities
for increasing the use of r r and constraints and impediments to increasing the use
of recycled water. Th t r re e department to convene a task force, known as the 2002
Recycled Water T Forc advise the department in implementing the report requirement.
Existing law requir the d artment and the task force to report to the Legislature no later
than July 1, 2003. Th . would repeal the report and task force requirements. The bill
would change the statewide goal for recycled water to an unspecified number of acre-feet of
water per year by the year 2020. The bill also would make changes to findings and
declarations under the act.
Note: This bill was a spot bill. It never developed. DEAD FOR THE YEAR.
Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a)(2). (Last location was W.,P.
& W. on 03/26/2009)
AB 1187 (Huffman) Safe, Clean, Reliable Drinking Water Supply Act of 2010. (I-
02/27/2009 html pdf)
Summary:
Under existing law, various measures have been approved by the voters to provide funds for
water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable
Drinking Water Supply Act of 2010 which, if approved by the voters, would authorize, for the
purposes of financing specified water supply reliability and water source protection programs,
the issuance of bonds in the amount of $10,035,000,000 pursuant to the State General
Obligation Bond Law. This bill contains other existing laws.
Note: A water bond proposal coming from the chairman of the Assembly Water
Committee. Chairman Huffman was formerly a staff lawyer with the Natural Resources
Defense Council. DEAD FOR THE YEAR.
Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a)(2). (Last location was W.,P.
& W. on 03/26/2009)
AB 1366 (Feuer) Residential self-regenerating water softeners. (A-07/13/2009
html pdf)
Summary:
Existing law requires the State Water Resources Control Board to formulate and adopt state
policy for water quality control. California regional water quality con 1 boards are required
to establish water quality objectives in water quality control plans nde xisting law, a local
agency, by ordinance, may limit the availability, or prohibit th atio of residential
water softening or conditioning appliances that discharge to e c y sewer system if
the local agency makes certain findings and includes them i or ' ance. This bill would
authorize any local agency that owns or operates a co unity system or water
recycling facility within specified areas of the state to to ct , by ordinance, to control
salinity inputs from residential self-regeneratin er soft rs to protect the quality of the
waters of the state, if the appropriate regiona and a finding that the control of
residential salinity input will contribute to a ev ent of water quality objectives. The
bill would state related findings and de io o e Legislature, including findings and
declarations concerning the need for s ecial l i tion.
Note: The regulation of water so is ck before the Legislature again this year.
Status: 07/13/2009-Read sec amended, and re-referred to Com. on APPR.
AB 1465 (Hill ba a management planning. (A-06/30/2009 html pdf)
Summary:
Existing law requir eve r an water supplier to prepare and adopt an urban water
management plan, in dance with specified requirements, for submission to the
Department of Water Resources and other entities. An urban water supplier is required to
provide information relating to the supplier's water demand management measures. This bill
would deem water suppliers that are members of the council and comply with the
"Memorandum of Understanding Regarding Urban Water Conservation in California," dated
December 10, 2008, as it may be amended, to be in compliance with the requirement to
describe the supplier's water demand management measures in its urban water management
plan. This bill contains other existing laws.
Note: This is an ACWA supported measure.
Status: 07/07/2009-From committee: Do pass, and re-refer to Com. on APPR with
recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (July 6).
SB 12 (Simitian) Sacramento-San Joaquin Delta Stewardship Council. (A-
07/09/2009 html pdf)
Summary:
Existing law requires various state agencies to administer programs relating to water supply,
water quality, and flood management in the Sacramento-San Joaquin Delta. The Johnston-
Baker-Andal-Boatwright Delta Protection Act of 1992 creates the Delta Protection
Commission and requires the commission to prepare and adopt a comprehensive long-term
resource management plan for specified lands within the Sacramento-San Joaquin Delta. E
existing law requires the Secretary of the Resources Agency to convene a committee to
develop and submit to the Governor and the Legislature, on or before December 31, 2008,
recommendations for implementing a specified strategic plan relating to the sustainable
management of the Delta. This bill would declare legislative intent to enact legislation to
establish the Sacramento-San Joaquin Delta Stewardship Council.
Note: Another water conference committee bill. The original version authorized a
Peripheral Canal around the Delta.
Status: 07/13/2009-In Senate. To unfinished business.
SB 229 (Pavley) Water: Sacramento-San Joaquin D ta. -07 9/2009 html pdf)
Summary:
Existing law requires the Secretary of the Resources Agenc onv e a committee to
develop and submit to the Governor and the Legislatu on or e December 31, 2008,
recommendations for implementing a specified strategic an ating to the sustainable
management of the Sacramento-San Joaquin Del This bi ould declare legislative intent
to enact legislation to authorize actions to be dert n for to the adoption of a
comprehensive Sacramento-San Joaquin D n.
Note: A water conference committe is
Status: 07/13/2009-In Senate. To un nishe b iness.
SB 301 (Florez) Water p eliability and Ecosystem Recovery and
Restorati o 09. (I-02/25/2009 html pdf)
Summary:
Under existing law anou asures have been approved by the voters to provide funds for
water protection f lities, nd programs. This bill would enact the Water Supply Reliability
and Ecosystem Reco nd Restoration Act of 2009, which, if approved by the voters,
would authorize, for the purposes of financing specified water supply reliability and
ecosystem recovery and restoration programs, the issuance of bonds in the amount of
$15,000,000,000 pursuant to the State General Obligation Bond Law. The bill would provide
for submission of the bond act to the voters at the next statewide election. This bill contains
other related provisions.
Note: This is a proposed $15 billion water bond (the most expensive offered this year),
by the Senate Majority Leader, who represents Fresno and Kern Counties. His problem
is the Senate President Pro Tempore, the number one Senator, also has a water bond
proposal. DEAD FOR THE YEAR.
Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a)(2). (Last location was N.R. &
W. on 03/09/2009)
SB 371 (Cogdill) Safe, Clean, Reliable Drinking Water Supply Act of 2009. (I-
02/25/2009 html pdf)
Summary:
Under existing law, various measures have been approved by the voters to provide funds for
water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable
Drinking Water Supply Act of 2009 which, if approved by the voters, would authorize, for the
purposes of financing specified water supply reliability and water source protection programs,
the issuance of bonds in the amount of $9,980,000,000 pursuant to the State General
Obligation Bond Law. The bill would provide for the submission of the bond act to the voters
at the next statewide election. This bill contains other related provisions.
Note: The former Senate Republican Leader, who was ousted by GOP Senators as part
of the budget drama, has been the lead Senate Republican on the water bond/storage
effort. DEAD FOR THE YEAR
Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a)(2). (Last location was N.R. &
W. on 03/09/2009)
SB 456 (Wolk) Safe, Clean, Reliable Drinking Wate ly t of 2010. (I-
02/26/2009 html pdf)
Summary:
Under existing law, various measures have been appr d by t ters to provide funds for
water protection, facilities, and programs. This bill wou na he Safe, Clean, Reliable
Drinking Water Supply Act of 2010 which, if a ved by voters, would authorize, for the
purposes of financing specified water supply iabi water source protection programs,
the issuance of bonds in the amount of $9, 0 1000 ursuant to the State General
Obligation Bond Law. This bill contai er a provisions.
Note: Another water bond bill by a Vat a resenting the San Joaquin River Delta.
DEAD FOR THE YEAR.
Status: 05/01/2009-Failed D - e rsuant to Rule 61(a)(3). (Last location was N.R. &
W. on 03/12/2009)
SB 565 (P ey) r recycling. (A-06/02/2009 html pdf)
Summary:
Existing law establis e State Water Resources Control Board and the California regional
water quality control boards as the principal state agencies with authority over matters relating
to water quality. Existing law requires specified persons who discharge waste, as defined, in a
manner that could affect the quality of the waters of the state, to pay an annual fee to the state
board according to a fee schedule established by the board. This bill would require the board,
in consultation with the Department of Water Resources and the State Department of Public
Health, to develop a plan to ensure that at least 50% of wastewater that is annually discharged
into the ocean, as of the year 2009, is recycled and put to beneficial use by the year 2030. The
bill would prescribe various requirements with respect to that plan. The bill would require the
board to impose a fee on specified persons discharging wastewater into the ocean, the San
Francisco Bay, or any other enclosed bay in the state, and would require that fee to be
deposited into the Ocean Discharge Recycling Fund, which the bill would establish. The bill
would authorize the board to expend the moneys in that fund, upon appropriation by the
Legislature, for the purposes of carrying out the wastewater recycling plan.
Note: This bill would charge a fee to a person who is discharging waste water into the
ocean.
Status: 06/30/2009-Set, first hearing. Hearing canceled at the request of author.
SB 735 (Steinberg) Safe, Clean, and Reliable Drinking Water Supply Act of
2010. (I-02/27/2009 html pdf)
Summary:
Under existing law, various measures have been approved by the voters to provide funds for
water supply and protection facilities and programs. This bill would enact the Safe, Clean, and
Reliable Drinking Water Supply Act of 2010, which, if approved by the voters, would
authorize the issuance of bonds in the amount of $9,785,000,000 pursuant to the State General
Obligation Bond Law to finance a water supply reliability and water source protection
program. This bill contains other related provisions.
Note: The Senate Leader, President Pro Tempore Steinberg, is authoring what will be
the lead water bond bill. He has committed to work closely with Governor on this
proposal. DEAD FOR THE YEAR.
Status: 05/01/2009-Failed Deadline pursuant to Rule 61(a) st 1 ation was N.R. &
W. on 03/19/2009)
ITEM NO. 3.3
AGENDA REPORT
Meeting Date: July 21, 2009
Subject: Report on Grant Activities - Townsend Public Affairs
ATTACHMENTS:
TPA - July Activity Report.doc °A - July Activity Report Report(s)
Tonsend
PUBLIC AFFAIRS, INC.
MEMORANDUM
To: Yorba Linda Water District, Executive Committee
From: Christopher Townsend, President
Heather Dion, Director
Date: July 15, 2009
Subject: Activity Report
State Political Highlights:
The Legislature returned to Sacramento after taking the J weekend off. Over the
weekend the Big Five (the Governor and the four le ' lative s leaders) met for several
hours in an attempt to reach a deal that would allo the tate to close its $26.3 billion
budget deficit. Unfortunately, these meetings of ap to have brought the sides any
closer to resolution.
With the passing of the 2008-09 fiscal r w the Legislature and Governor lost an
opportunity to adopt nearly $3.3 bill' in b solutions. As a result, the Governor has
begun to push for large policy cha that believes will save the State additional money
going forward. Specifically, the is now requesting fingerprinting and stricter
security measures for the St e Support Services program. The Governor has
also mentioned modifyin e e's pension system and suspending the Proposition 98
minimum education fund' ee. None of these items have been items have been
decided, but are now p into the budget negotiations.
It is also worth noti that st week Senate Pro Tern Darrell Steinberg announced that the
Senate would be sus g all committee hearings until a budget solution is in place. This
action essentially freezes all Assembly bills, regardless of the author or policy. Since the
legislative deadline for policy committees to hear bills is this Friday, it is likely that the
Senate will need to suspend the House rules to let committees meet after the deadline;
however, that determination has not yet been made.
However, after Senator Steinberg made this announcement things have been relatively
quiet for the last several days on the budget front. The Big 5 (Governor and four legislative
leaders) met for several hours each day over the weekend in an effort to reach a
compromise on the State's $26.3 billion budget deficit. All indications are that the meetings
were positive and productive, which is a good sign after a week that saw the Speaker and
Governor exchange insults through their respective press offices.
While the latest round of Big 5 meetings were considered productive, unfortunately they did
not result in any type of agreement and the negotiations continue. The Big 5 did not
discuss the potential suspension of Prop 98 over the weekend, nor what cuts would need to
be made in order to avoid the suspension; the weekend meetings mostly dealt with the side
issues of IHSS fraud reduction, modifications to the CaIWORKs program, and State
government consolidation.
The Big 5 is currently scheduled to meet in order to discuss the potential of a Prop 98
suspension. This meeting will go a long way in determining when the State will have a
budget solution.
TPA will work closely with YLWD, ACWA, and CSDA to oppose the borrowing of local
government property taxes through the suspension of Proposition 1A. Furthermore, TPA
will aggressively advocate for an "across the board" 8% borrowing in the event that
Proposition 1A is suspended by the Legislature. In this time of widespread economic
recession, special districts cannot afford to have their property tax taken in order to make up
for the years of mistakes made by Sacramento.
Funding Opportunities
Integrated Regional Water Management Program (IRWMP):
TPA has requested a regionally focused project from YLWD f to i lude in the Orange
County North Plan. This would also be the project that ul bmitted to SAWPA
when a call for projects occurs later this year. The I pro ss is two-step. First
SAWPA, which is the coordinating entity to submit the ap ti for the entire Santa Ana
Region, had to interview with the Department of ter R urces (DWR) to have the
regional acceptance portion of the process approved. c is is finalized, DWR will do an
official call for projects in late 2009, which a t oint WPA will submit an application
with projects totaling the $114 million alloc t t ion.
American Reinvestment and Recov c A) Energy Funding:
The Federal Stimulus package in d mil' ns in funding for energy reduction projects. A
large majority of the funding h be a ated to cities with a population over $35,000 on
a per capita formula basis. es will also receive a similar per capita funding
amount, but are required t th h a separate process that is just now beginning.
Aside from the per a ding that is going directly to cities, there is also competitive
funding available t ough the California Energy Commission and the Department of
Energy (federal ag c The guidelines for these programs are just now becoming
available and TPA wil assisting YLWD in applying for these opportunities. As additional
information on these programs becomes available, TPA will be providing information.
FY 2011 Federal Appropriations:
TPA recently met with YLWD staff to begin preparing for the FY 2011 appropriations
process. Our goal is to get organized very early in order to start working with congressional
staff now to build relationships and educate them on the District's priorities. There were two
suggestions by staff as to projects that could potentially be pursued for funding including
energy efficiency projects and water reclamation projects focused on the development of
local resources and self sustainability. YLWD staff will be further developing these
concepts and providing project information to TPA in September so we can begin the work
in D.C. that will be required to submit an application in early 2010.
ITEM NO. 3.4
AGENDA REPORT
Meeting Date: July 21, 2009
Subject: Report on Legislative Bills - McCormick, Kidman & Behrens
ATTACHMENTS:
MKB - Legislative Bills Reports.pdf '?KB - Legislative Bills Report Report(s)
RECEIVED
MCCOBMICH, KIDMAN & BEHRENS. LLP
LAWYERS JUN 2 9 2009
650 TOWN CENTER DRIVE
H. L. IMIKEI MCCORMICK" SUITE I00
ARTHUR 6. KIOMAN• YORQALINDA WATER DISTRICT
RUSSELL G. BEHRENS• COSTA MESA. CALIFORNIA 92626
SUZANNE M. TAGUE0 TELEPHONES 1714) 7S5-3100
DAVID O. BOYER• (S00) 756-3125
DANIEL J. PAYNE•
JOAN J. SENNETT FAX t7141755-3110
EDDY R. SELTRAN www.mkbiewyers.com
TRAM T. TRAM
JOHN P. OLOWACKI
LAURIE E. PARK
•A PROFESSIONAL CORPORATION
TCERT;F19D SPECIALIST - PROQATE June 26, 2009
ESTATE PLANNING 6 TRUST LAW
THE STATE BAR OF CALIFORNIA
BOARD OF LEGAL SPECIALIZATION
"OF COUNSEL
MEMORANDUM
TO WATER AGENCY CLIENTS
FROM McCormick, Kidman & Be e ,
RE Second Report on 2009 isl ve Bills
Enclosed please find the second Legi tiv ep for the 2009 legislative session of the
California Legislature. This report show bi s after the June 5th deadline to pass bills
out of their house of origin. This re o overs it s which were covered in our first Legislative
Report and additional relevant bills ( 1465, SB 229 and SB 261) which came to light
in the meantime and which me a 5th deadline. Four additional bills that were not
mentioned in our first repo d in this report, but did not meet the June 5th deadline.
Those four bills (SB z B 1, SB 456 and SB 735) were all water general obligation bond
bills. We will contin to tr k these bills for any possible revival of these bills. As always, we
have access to bill text Cher information if more detail is needed or if there are questions on
the summary provided.
McCORMICK, KIDMAN & BEHRENS, LLP
B
ARTHUR G. KIDMAN
AGKIERB
SECOND 2009 LEGISLATIVE REPORT
TABLE OF CONTENTS
A. DROUGHT, WATER CONSERVATION AND WATER RATIONING
B. WATER RESOURCES MANAGEMENT/WATER PROJECTS
C. INFRASTRUCTURE FINANCING
D. EMINENT DOMAIN
E. PUBLIC OFFICIALS; ETHICS
F. BROWN ACT/PUBLIC RECORDS
G. LABOR, EMPLOYMENT AND BE FIT
H. PUBLIC WORKS/CONTRAC
1. WATER SUPPLY AND L D OPMENT
J. WATER QUALITY/P
K. ENVIRONME AL ALITY AND ENDANGERED SPECIES
L. SPECIFI E IES AND/OR PROJECTS
M. LAFCO
N. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION
PROCEDURES
0. BILLING AND REVENUE PROCEDURES
McCormick, Kidman & Behrens, LLP
• Legislative Report June 26, 2009
SECOND LEGISLATIVE REPORT FOR 2009
A. DROUGHT, WATER CONSERVATION AND WATER RATIONING
A.1 AB 49 (Feuer) Water conservation: agricultural water management planning
Existing law requires the Department of Water Resources ("DWR") to convene an independent
technical panel to provide information to DWR and the Legislature on new demand management
measures, technologies, and approaches. "Demand management measures" means those water
conservation measures, programs, and incentives that prevent the waste of water and promote the
reasonable and efficient use and reuse of available supplies.
This bill would require the state to achieve a 20% reduction in an capita water use in
California by December 31, 2020. The state would be requir ake ncremental progress
towards this goal by reducing per capita water use by at le 00 efore December 31,
2015. This bill would require each urban retail water suppli ev p urban water use targets
by December 31, 2010, in accordance with specified equir This bill would require
DWR, in consultation with other state agencies, to d op mgle standardized water use
reporting form. The bill, with certain exceptio ould ition eligibility for certain water
management grants or loans to urban water ;Ipli agricultural water suppliers on the
implementation of water conservation requir en sta shed by the bill.
ACWA Position: Oppose unless amend Status: Sen. Nat. Res. do Water
A.2 AB 474 (Blumenfield) ctual Assessments: water efficiency improvements
Existing law authorizes the a body of any city, defined as a city, county, or city and
county, to determine it Id be convenient and advantageous to designate an area within
which authorized cit offici s d free and willing property owners may enter into contractual
assessments and mak ements to finance public improvements to specified lots or parcels
or to finance the installation of distributed generation renewable energy sources or energy
efficiency improvements that are permanently fixed to real property, as specified. Existing law
requires the legislative body to make these determinations by adopting a resolution indicating its
intention to do so and requires the resolution to include certain specified information.
This bill would expand these provisions to authorize the legislative body of any public agency to
enter into contractual assessments to finance the installation of water efficiency improvements
that are permanently fixed to real property. This bill would require a legislative body to perform
additional record keeping and provide specified notice to any entity that provides energy or water
within the boundaries of the area within which contractual assessments may be entered into.
This bill would also require additional specified disclosures to a transfer of real property subject
to a contractual assessment.
ACWA Position: Favor Status: Sen. Loc. Gov.
2
McCormick, Kidman & Behrens, LLP
• Legislative Report June 26, 2009
A.3 AB 1061 (Lieu) Homeowner Associations: water-efficient landscapes
This bill would provide that a provision of any of the governing documents of a common interest
development shall be void and unenforceable if it prohibits, or includes conditions that have the
effect of prohibiting or restricting compliance with any regulation or restriction on the use of
water adopted pursuant to Section 353 or 375 of the Water Code or a water efficient landscape
ordinance adopted or in effect pursuant to Section 65595(c) of the Government Code.
I
ACWA Position: Favor Status: Sen. Rls.
A.4 SB 407 (Padilla) Property transfers: pl ixtures replacement
Existing law requires certain disclosures to be made upon real estate. This bill
would require that, on and after January 1, 2014, all pl fix es in any residential or
commercial real property that are not water-conserving lumbi es be replaced prior to the
time of sale or transfer by the property owner with ter- erving plumbing fixtures, as
defined, with specified exceptions. The bill woul equire mpliance with this requirement
be included as a condition of escrow for any a tr er. This bill would include within
these exceptions, among others, a sale or a p t to non judicial foreclosure and a
sale or transfer in which the requirern s cle would impose a significant financial
hardship on the seller or transferor. - - - -
The bill would also require a seller or of real property to certify to the prospective
purchaser or transferee, in writi requirement has been satisfied. The bill would except
from its provisions certain sf including transfers in which a licensed plumber certifies
that, due to the age or co of the property or its plumbing, installation of water-
conserving plumN e s not technically feasible. The bill would require a real estate
agent to disclose the equir is described above and would provide that an agent has no other
liability in this conne ' n.
ACWA Position: Support/Sponsor Status: Asm. Jud.
B. WATER RESOURCES MANAGEMENTIWATER PROJECTS
B.1 AB 934 (Gilmoe) San Joaquin Valley: water supply
ACWA Position: Favor Status: Dead
B.2 AB 1520 (Evans) Statewide Watershed Program
ACWA Position: Favor f amended Status: Dead
3
McCormick, Kidman & Behrens, LLP
• Legislative Report June 26, 2009
B.3 SB 229 (Pavley) California Water Commission: Bay-Delta
i
Existing law establishes the 9-member California Water Commission in the DWR and requires
the commission to conduct an annual review of the progress and operation of the State Water
Project and to carry out various other related functions.
This bill would revise the membership and functions of the commission. The bill would
establish the commission in state government as an independent commission. The commission
would consist of 5 members appointed by the Governor and subject to the confirmation of the
Senate.
This bill would require the commission to serve as lead agency to implement projects
recommended by the final environmental impact report of the Bay Conservation Plan, or
a commission would
-3
delegate these responsibilities to other appropriate state or local a 'es.
be required to identify and prioritize early action projects an o s r achieving specified
goals for the Sacramento-San Joaquin Delta, and select a wa er t nforce all laws that are
relevant to the successful implementation of the Bay-Delta Co rv on Plan. The commission
would be required to establish and impose a per-acre- t fee water diversions within the
Sacramento-San Joaquin Delta watershed, and a f on er conveyed through or around
the Sacramento-San Joaquin Delta that may be s upo propriation by the Legislature, to
fund the commission's responsibilities under bi
ACWA Position: Oppose unless amend Status: Asm. WPW
B.4 SB 261 (Dutton) Water use
Existing law requires the o convene an independent technical panel to provide
information to the depa a Legislature on new demand management measures,
technologies, and ap he is bill would require an urban water supplier to develop and
implement a water se e i cy and efficient water resources management plan to reduce
residential potable w us a specified manner or achieve extraordinary water use efficiency,
as defined. The urban er supplier or the regional water management group, as applicable,
would be required to report its progress towards achieving a prescribed water use efficiency and
efficient water resources management target in specified documents.
The bill would enact the Comprehensive Urban Water Efficiency Act of 2009. The SWRCB and
DWR, not later than April 1, 2010, would be required to convene a task force to develop best
management practices for commercial, industrial, and institutional water uses for the purpose of
achieving a specified reduction in water use by 2020.
ACWA Position: Support Status: Asm. Water, Parks & Wildlife ("WPW')
B.5 SB 736 (Pavley) Water consumption fee
ACWA Position: Watch Status: Dead
4
McCormick, Kidman & Behrens, LLP
Legislative Report June 26, 2009
B.6 ACA 12 (Logue) Water: area of origin statutes
Existing provisions of the Water Code provide for the protection of designated areas within
which water originates or related areas, including the "area of origin," "county of origin,"
"watershed protection," and "Delta protection" statutes.
This measure would prohibit the Legislature from amending, repealing, or changing the scope or
effect of any of those provisions unless the bill is passed in each house by a 213 vote of the
membership of each house.
ACWA Position: N/A Status: Asm. WPW
C. INFRASTRUCTURE FINANCING
CA AB 134 (Brownley) Los Angeles County Flood tro is ct: fees and charges
ACWA Position: Favor Status: Dead
C.2 ACA 9 (Huffman) Local gover ment : special taxes: voter approval
The California Constitution conditions the ' po 'ti a special tax by a city, county, or
special district upon the approval of 216ialdi s the city, county, or special district voting
on-that tax. This measure would chan -approval requirement for special taxes to,
instead, authorize a city, county, or p ct to impo se a special tax with the approval of
55% of its voters voting on the tax.
ACWA Position: Support Status: Asm. Appr.
D. EMI NT AIN
E. PUBLIC OFFICIALS; ETHICS
EA AB 1412 (Torrico) Political Reform Act of 1974: gifts
ACWA Position: Watch Status: Dead
E.2 SB 233 (Aanestad) SWRCB: California regional water quality control boards
ACWA Position: Watch Status: Dead
5
McCormick, Kidman & Behrens, LLP
• Legislative Report June 26, 2009
F. BROWN ACT/PUBLIC RECORDS
F.1 AB 520 (Carter) Public records
ACWA Position: Favor Status: Dead
G. LABOR, EMPLOYMENT AND BENEFITS
GA AB 943 (Mendoza) Employment: credit reports
This bill would prohibit an employer, with the exception of certain financial institutions, from
obtaining a consumer credit report for employment purposes unless the information is (1)
substantially job-related, meaning that the position of the person f m the report is sought
has access to money, other assets, or confidential information, an ) th osition of the person
for which the person is sought is a managerial position, a p<becl n i c' , county, or both city
and county, that of a sworn peace officer or other law en t sition, or a position for
which the information contained in the report is required to d by law or to be obtained
by the employer.
ACWA Position: Not favor unless amended Status: Sen. Jud.
G.2 SB 711 (Lend) Pu e . gs: closed sessions: labor negotiations
r 'a
ACWA Position: Oppose Status: Dead
H. PUBLIC W KV~QNRACTS
HA AB 815 (Ma) Public contracts: plans and specifications
Existing law prohibi loc public entity, charter city, or charter county from requiring a bidder
to assume responsibilit r the completeness and accuracy of architectural or engineering plans
and specifications on public works projects, except on clearly designated design-build projects.
This bill would declare the intent of the Legislature to consider enacting subsequent legislation to
address the issues raised in a specified case being reviewed by the California Supreme Court, as
needed, once those issues are ripe for consideration after the Supreme Court has rendered a
decision interpreting the parties' rights and obligations under existing law with regard to public
contracts disputes.
ACWA Position: Oppose Status: Sen.Loc. Gov.
6
McCormick, Kidman & Behrens, LLP
Legislative Report June 26, 2009
1. WATER SUPPLY AND LAND DEVELOPMENT
11. AB 55 (Jeffries) Water supply planning
ACWA Position: Not favor Status: Dead
1.2 AB 300 (Caballero) Subdivisions: water supply
Water Supply Assessment
Existing law requires a city or county that determines a project, as defined, is subject to the
California Environmental Quality Act to identify any public water system that may supply water
for the project and to request those public water systems to prepare a water supply assessment. If
no public water system is identified, the city or county is required are the water supply
assessment. This bill would require, until January 1, 2017, if pro t applicant elects to
include voluntary demand management measures, any city, o ublic water system
preparing a water supply assessment to reduce the project at d d for the project to an
amount below the current statutory, regulatory, and local or c uirements based on the
project applicant's voluntary water demand manageme easur defined.
The bill would authorize the applicant to enter ' a mu agreement with the public water
system to mitigate water demand associated w' a r subdivision by depositing funds in a
Voluntary Water Demand Mitigation Fund, n e fees paid into the Voluntary Water
Demand Mitigation Fund would be pro seeding the amount necessary to offset the
actual or percentage of actual water d and i p is agreed upon in the agreement between the
applicant and the public water syst a would authorize, at the discretion of the public
water system, the amount req ' e oluntary Water Demand Mitigation Fund to be
reduced by a portion of the no 'red system capacity charges that finance future water
supplies.
The bill would also utho ' any reduction in the capacity charge to be calculated using the
amount of water pr cted t be conserved using the Voluntary Water Demand Mitigation Fund
at the cost determin a public water system for developing new water supplies through
water conservation. The bill would not require the total reduction in system capacity charges to
be equal to the amount paid into the Voluntary Water Demand Mitigation Fund.
The bill would prohibit a project from being disapproved due to the applicant's refusal to use
voluntary mitigation measures. The bill would also require the public water system to determine
the projected water savings for the voluntary demand management measures that will be
incorporated into the subdivision. The public water system would be required to expend all
funds from the Voluntary Water Demand Mitigation Fund on water conservation measures that
will reduce the projected demand associated with the subdivision. The public water system
would be prohibited from using any funds from the Voluntary Water Conservation Mitigation
Fund to supplant funding for water conservation programs required by existing law or paid for
by existing customers through water rates and surcharges.
7
McCormick, Kidman & Behrens, LLP
Legislative Report June 26, 2009
Written Verification
The Subdivision Map Act prohibits approval of a tentative map, or a parcel map for which a
tentative map was not required, or a development agreement for a subdivision of property of
more than 500 dwelling units, except as specified, including the design of the subdivision or the
type of improvement, unless the legislative body of a city or county or the designated advisory
agency provides written verification from the applicable public water system that a sufficient
water supply is available or, in addition, a specified finding is made by the local agency that
sufficient water supplies are, or will be, available prior to completion of the project.
This bill would require, until January 1, 2017, the public water system, or the local agency if
there is no public water system, to review, verify for accuracy, and approve, as specified, the
subdivider's water savings projections attributable to voluntary demand management measures,
as defined. The public water agency would be authorized to collect f cessary to provide the
sur
additional analysis of the voluntary demand management me.
Th ublic water system
would be required to determine the projected water savi t voluntary demand
management measures that will be incorporated into the id The projected water
savings would be authorized to be calculated using specified co 'led or maintained by the
public water system or the water savings projections opted a California Urban Water
Conservation Council.
If a project applicant proposes to use a new I t ter reduction demand management
measure that is not based on water savings on dopted by the California Urban Water
Conservation Council, or the public wat ublic water system's determination of the
projected water savings would be requi to ade based on documented methodologies or
calculations submitted in the record. bl' ater system would be required to report on the
monitoring and compliance of v a er demand management measures and to determine
whether they have resulted in th a avings necessary to achieve the agreed upon water
demand offsets. The bill a 're copies of the first report prepared 5 years after the
project has been fully d to o e provided to the project applicant, the city or county that
approved the subdivi ' n ma a California Urban Water Conservation Council, and the DWR.
The bill would also a ge the public water system to commit to carrying out the water
conservation measures funded by the Voluntary Water Demand Mitigation Fund within 24
months of the sale of the last unit of the proposed subdivision. The bill would provide that the
sole remedy for the failure of a public water system to implement the water conservation
measures would be for an interested party to seek a writ of mandamus to compel the public water
system to comply.
ACWA Position: Support if amended Status: Sen. Nat. Res. & Water
1.3 AB 1408 (Krekorian) Subdivisions: Water Demand Mitigation Fund
Under current law, the Subdivision Map Act establishes a statewide regulatory framework for
controlling the subdividing of land. The Act generally requires a subdivider to submit, and have
approved by the city, county, or city and county in which the land is situated, a tentative map.
8
McCormick, Kidman & Behrens, LLP
• Legislative Report June 26, 2009
The Act requires the legislative body of a city or county or the advisory agency, to the extent that
it is authorized by local ordinance to approve, conditionally approve, or disapprove the tentative
map, to include as a condition in any tentative map that includes a subdivision a requirement that
a sufficient water supply be available. The Act authorizes the legislative body to request written
verification of sufficient water supply, and, when the written verification relies on projected
water supplies that are not currently available to the public water system to provide a sufficient
water supply to the subdivision, requires that the written verification as to those projected water
supplies be based on prescribed elements.
This bill would instead require the legislative body of a city or county or the advisory agency, as
referenced above, to include as a condition in any tentative map that includes a subdivision a
requirement that the subdivision have a sufficient water supply be available or that sufficient
water supplies will be made available through a Water Demand Mitigation Fund held by the
public water system. The amount of funding needed for v participation by the
subdivision applicant in the Water Demand Mitigation Fund w be r uired to be based on
offsetting at least 100 percent of the projected water demand soci tth the subdivision, as
determined by the public water system. The public water s oul a required to expend all
funds in the Water Demand Mitigation Fund on water conse ti easures that will offset at
least 100 percent of the projected demand associated w the su vision, as specified.
ACWA Position: Support if amended Status: Inactive
L4 AB 1465 (Hill) - Urban water management planning
Existing law requires every urb upplier to prepare and adopt an urban water
management plan, in accord ecified requirements, for submission to the DWR and
other entities. An urb at pplier is required to provide information relating to the
supplier's water demand m a measures.
This bill would re se pr ns relating to the information that the urban water supplier is
required to include the an with regard to water demand management measures. This bill
would require the urb ater supplier to describe in the plan the opportunities for development
of recycled water supplies, including opportunities for nonpotable and indirect potable reuse, and
the opportunities for stormwater recapture and reuse as a long-term water supply.
Existing law, with certain exceptions, requires the terms of, and eligibility for, a water
management grant or loan, made to an urban water supplier and awarded or administered by the
DWR, the SWRCB, or the California Bay-Delta Authority or its successor agency, to be
conditioned on the implementation of the water demand management measures identified in the
supplier's urban water management plan.
This bill would require the DWR to determine that an urban water supplier is eligible for a water
management grant or loan, despite a failure to implement all of the water demand management
treasures identified in the urban water management plan, if the supplier submits to the DWR for
approval documentation demonstrating that the supplier's proposed water demand management
measures provide a level of water savings that is equal to or greater than the savings provided by
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the implementation of measures identified in the plan or that the supplier lacks the authority to
implement one or more of those measures.
ACWA Position: Favor Status: Sen. Nat. Res, & Water
J. WATER QUALITY/POLLUTION
J.1 AB 737 (ACESTM) Public water systems: public notification
The California Safe Drinking Water Act requires the State Department of Public Health to
administer provisions relating to the regulation of drinking water to protect public health,
including, but not limited to, conducting research, studies, and demonstration programs relating
to the provision of a dependable, safe supply of drinking water cing the federal Safe
Drinking Water Act, adoption of enforcement regulations d co ucting studies and
investigations to assess the quality of water in domestic water ph
Existing law also requires every public water system to notify hen certain monitoring or
other requirements have not been complied with, to fy cu ers when failure to comply
with a primary drinking water standard that repre nts an ent danger, to notify customers
of confirmation of detected contaminants, ann y deliver a prescribed consumer
confidence report to each consumer.
This bill would, in addition, require sting notices and reports on the public water
system's internet website, if that sy t main ins a web site. The bill would also permit the
public water system to remove or am ted information once the problem is rectified.
ACWA Position: Watch Status: Sen. Env. Qual.
J.2 AB 1366 (Feu Residential self-regenerating water softeners
Existing law require e S CB to formulate and adopt state policy for water quality control.
California regional wat ality control boards are required to establish water quality objectives
in water quality control plans. Under existing law, a local agency, by ordinance, may limit the
availability, or prohibit the installation, of residential water softening or conditioning appliances
that discharge to the community sewer system if the local agency makes certain findings and
includes them in the ordinance.
This bill would authorize any local agency that maintains a community sewer system within
specified areas of the state to take action, by ordinance and after a public meeting, to control
salinity inputs from residential self regenerating water softeners to protect the quality of the
waters of the state, if the appropriate regional board makes a finding that the control of
residential salinity input will contribute to the achievement of water quality objectives.
ACWA Position: Support Status: Sen. Env. Qual.
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J.3 SB 42 (Corbett) Coastal resources: once-through cooling
ACWA Position: Oppose Status: Dead
J.4 SB 565 (Pavley) Water recycling
Existing law establishes the SWRCB and the California regional water quality control boards as
the principal state agencies with authority over matters relating to water quality. Existing law
requires specified persons who discharge waste, as defined, in a manner that could affect the
quality of the waters of the state, to pay an annual fee to the SWRCB according to a fee schedule
established by the SWRCB.
This bill would require the SWRCB, in consultation with the DWR and the State Department of
Public Health, to develop a plan to ensure that at least 50% of water that is annually
discharged into the ocean, as of the year 2009, is recycled and to be ficial use by the year
2030. This bill would prescribe various requirements with re ct th Ian. This bill would
also require the SWRCB to impose a fee on specified p s ch ng wastewater into the
ocean, the San Francisco Bay, or any other enclosed bay in to and would require that fee
to be deposited into the Ocean Discharge Recycling , whic a bill would establish. This
bill would then authorize the SWRCB to expend t e Mon hat fund, upon appropriation by
the Legislature, for the purposes of carrying out astew recycling plan.
ACWA Position: Oppose Status: Asm. WPW
K. ENVIRONMENTA AND ENDANGERED SPECIES
K.1 AB 28 (Jeffries) atur gas engines: water movement: emissions limitation
irements
ACWA Position: Supp Status: Dead
K.2 AB 804 (Hall) Invasive aquatic species: mussels
This bill would provide that an operator of water delivery and storage facilities, who has
prepared, initiated, and is in compliance with a plan to control and eradicate dreissenid mussels
in accordance with the above existing provisions of law, would not be subject to any civil or
criminal liability for the introduction of dreissenid mussel species as a result of operations of
those facilities.
ACWA Position: Support/Sponsor Status: Sen. Jud.
K.3 SB 476 (Correa) CEQA: noncompliance allegations: public comment
CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it proposes to cant' out or
approve that may have a significant effect on the environment or to adopt a negative declaration
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Legislative Report June 26, 2009
if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare
a mitigated negative declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that effect and there is no
substantial evidence that the project, as revised, would have a significant effect on the
environment.
CEQA provides for a public review period for a draft EIR, proposed negative declaration, or
proposed mitigated negative declaration. CEQA requires a lead agency to evaluate and respond
to comments made during the public review period and authorizes a lead agency to evaluate and
respond to comments made on a draft EIR when the comments are submitted after the public
review period. CEQA requires an action or proceeding alleging noncompliance with its
requirements to be based on grounds that were presented to the public agency orally or in writing
by any person and prohibits a person from maintaining an action or proceeding unless the person
objected to the approval of the project orally or in writing, durin ublic comment period
provided under CEQA or prior to the close of the public he g on a project before the
issuance of the notice of determination.
This bill instead would prohibit these actions or proceedings le ral or written presentation
or objection occurs during the public comment period vided er CEQA or prior to the close
of the public hearing on the project before the filing, than issuance, of the notice of
determination.
ACWA Position: Favor Status: Asm. Nat, Res.
L. LAFCO
M. SPECIFIC AG D/%-FR PROJECTS SECONDLAFCO
N. PROPERTJff*J&& LOCATION; REVENUE AND COLLECTION
PROCOMRM
%Jk D REVENUE PROCEDURES
0. BILL
0.1 AB 282 (Committee on Transportation) Transportation
Existing law prohibits a person from driving a motor vehicle if a television receiver, a video
monitor, or a television or video screen, or any other similar means of visually displaying a
television broadcast or video signal that produces entertainment or business applications, is
operating and is located in the motor vehicle at any point forward of the back of the driver's seat,
or is operating and visible to the driver while driving the motor vehicle, with certain exceptions.
This bill would add to the exceptions to the prohibition in existing law a mobile digital terminal
installed in a vehicle owned or operated by specified corporate entities, including, among other
entities, a sewer system corporation, as defined, a water corporation, as defined, or a city, joint
powers agency, or special district, if that local entity uses the vehicle solely in the provision of
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Legislative Report June 26, 2009
sewer service, gas service, water service, or wastewater service, and the terminal is fitted with an
opaque covering that does not allow the driver to view the display while driving, or when the
vehicle is deployed in an emergency to respond to an interruption or impending interruption of
specified services.
ACWA Position: Support Status: Sen. Trans. & Housing
i
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INDEX
AB 28 (Jeffries) ...............................................................................................................................11
AB 49 (Feuer) ...................................................................................................................................2
AB 55 (Jeffries) ...........................................................................................................................7
AB 139 (Brownley) ...........................................................................................................................5
AB 282 (Comm. Trans.) .................................................................................................................12
AB 300 (Caballero) ...........................................................................................................................7
AB 474 (Blumenfield) ......................................................................................................................2
AB 520 (Carter) ................................................................................................................................6
AB 737 (ACESTM) ........................................................................................................................10
AB 804 (Hall) .................................................................................................................................11
AB 815 (Ma) ....................................................................................................................................6
AB 934 (Gilmoe) ...................................3
AB 943 (Mendoza) ................................6
AB 1061 (Lieu) 3
AB 1366 (Feuer) ................................10
AB 1408 (Krekorian) ........................................8
AB 1412 (Torrico) ..........................................5
AB 1465 (Hill) . ..............................................9
AB 1520 (Evans) ..................................................3
ACA 9 (Huffman) ..........................................................5
ACA 12 (Logue) ..............................................................5
SB 42 (Corbett) ....................................................................11
SB 229 (Pavley) ............................................................................4
SB 233 (Aanestad) ..............................................................................5
SB 261 (Dutton) ......................................................................................4
SB 407 (Padilla) .....................................................................................3
SB 476 (Correa) ..........................................................................................11
SB 565 (Pavley) i 1
SB 711 (Leno) .......................................................................................................7
SB 736 (Pavley) ......................................................................................................4
14
ITEM NO. 3.5
AGENDA REPORT
Meeting Date: July 21, 2009
Subject: General Counsel's Monthly Summary Billing Report
ATTACHMENTS:
MKB - Billing Summary.pdf 'JKB - Billing Summary Report(s)
MKB - Charge Summary.pdf !KB - Charge Summary Report(s)
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McCormick, Kidman & Behrens Charges
Month of
Jun-09
Expensed 21,067.76
Job charges 0.00
21,067.76
YTD through
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Expensed 247,579.75
Job charges 70,786.34
318,366.09