HomeMy WebLinkAbout2010-06-30 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Wednesday, June 30, 2010, 4:00 PM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director William R. Mills, Chair Ken Vecchiarelli, General Manager
Director Michael J. Beverage Pat Grady, Assistant General Manager
1. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
2. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
2.1. OCWD Annexation (Verbal Report)
2.2. Second Report on 2010 Legislative Bills
2.3. AWWA QualServe Program (Verbal Report)
2.4. Customer Feedback Report
2.5. General Counsel's Monthly Summary Billing Report
2.6. General Manager's Action Plan and Employment Contract (To be provided at the
meeting.)
2.7. Future Agenda Items and Staff Tasks
3. ADJOURNMENT
3.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held July 20, 2010 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 2.2
AGENDA REPORT
Meeting Date: June 30, 2010
Subject: Second Report on 2010 Legislative Bills
ATTACHMENTS:
Name: cv, i~a$icri: a ype:
MKB Report on Leg Bills.pdf MKB Legislative Bills Report Backup Material
MCCQRMICK. KIDMAN & BEHRENS.. I,LP RECEIVED
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ARTHUR G• KIDMAN•
RU55ELL G BEHRENS• COSTA MESA. CALIFORNIA 92628 ,/~[SAAIIAIfY~f~~T~~,~~"r~~IryS
SUZA.NNE M, TAGUE" TE.LCPHONE5 47141 755-3100 1LJf1GlSUND
DAVID D. BOYER-' IS001 7'55-3125
DANIEL J, PAYNE-
JOAN J. 6ENNETT V'A•% t7"" 755-3154
EDDY R. 9CLTRAN www.mkb1avvVer3_com
TRAM T. TRAM
JOHN P. GLOWACKI
LAURIE E. DARK
PATRICIA J. QUIL1'ZAPA oo
JONATHAN 6, SALMON June 14, U 1 a
'A PPOFESSIONAL CORPORATION
ICERTIF4EO SPECIAL45T = PROBATE
ESTATE PLANNING 4 TRUST LAW
THE STATE GAR OF CALIFORNIA
OCARp. OF LEGAL SPECIALISATION
-OF COUNSEL MEMORANDUM
TO WATER AGENCY CLIENTS
FROM McCormick, Kidman & Behrens, LLP
RE Second Report on 2010 Legislative Bills
Enclosed please find the second Legislative Report for the 2010 legislative session of the
California Legislature, This report shows the bills' status after the June 4th deadline to pass bills
out of their house of origin. This report covers bills which were covered in our first Legislative
Report and one new hill - SB 565 (Pavley) Water Resources. SB 5645 is 2-year bill that was
gutted and amended. The Association of California Water Agencies has an oppose position on
the bill, We will track SB 565 as it moves through the Assembly along with the other bills in
this report. As always, we have access to bill text and other information if more detail is needed
or if there are questions on the summary provided,
McCaRMICK, KIDMAN & BEHRENS, LLP
By..
ARTHUR G. KIDMAN
AGKTR-B
SECOND 2010 LEGISLATIVE REPORT
TABLE OF CONTENTS
A. DROUGHT, WATER CONSERVATION AND WATER RATIONING
B. WATER RESOURCES MANAGEMENT/WATER PROJECTS
C. INFRASTRUCTURE FINANCING
D. EMINENT DOMAIN
E. PUBLIC OFFICIALS; ETHICS
F. BROWN ACT/PUBLIC RECORDS
G. LABOR, EMPLOYMENT AND BENEFITS
H. PUBLIC WORKS/CONTRACTS
1. WATER SUPPLY AND LAND DEVELOPMENT
J. WATER QUALITY/POLLUTION
K. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
L. SPECIFIC AGENCIES AND/OR PROJECTS
M. LAFCO
N. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION
PROCEDURES
McCormick, Kidman & Behrens, LLP
Legislative Report June 18, 2010
SECOND LEGISLATIVE REPORT FOR 2010
A. DROUGHT, WATER CONSERVATION AND WATER RATIONING
A.1 AB 1793 (Saldana) Common interest developments: artificial turf.
Existing law requires a local agency to adopt a specified updated model ordinance regarding
water-efficient landscapes or a water-efficient landscape ordinance that is at least as effective in
conserving water as the updated model ordinance. Existing law allows certain water providers to
take specified actions regarding water conservation. This bill would provide that a provision of
any of the governing documents of a common interest development would be void and
unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, the use of
artificial turf or any other synthetic surface that resembles grass. However, the bill allows
associations to apply landscaping rules and regulations within a development's governing
documents that establish design and duality standards, to the extent those rules and regulations
do not have the effect of prohibiting synthetic surfaces that resemble grass.
ACWA Position: Favor Status: Sen. Transp, & Housing
A.2 AB 1975 (Fong) outer charges and meters: multiunit residential
structures.
The Water Measurement Law requires every water purveyor to require, as a condition of new
water service on and after January 1, 1992, the installation of a water meter to measure water
service. It also requires urban water suppliers to install water meters on specified service
connections and to charge water users based on the actual volume of deliveries as measured by
those water meters in accordance with a certain timetable.
This bill would require that architectural plazas for individual dwelling units in certain multiunit
structures, for which a building permit application is submitted on or after January 1, 2013,
include, as a condition for the issuance of the building permit, the installation of either a water
meter or a submeter, at the discretion of the water purveyor, to measure water supplied to each
individual dwelling unit The bill would require the owner of the structure, or his or her agent, to
charge occupants for water service based on the actual volume of water delivered as measured by
the water meter or submeter.
The bill would prohibit a water purveyor from charging an owner for a meter installation fee for
any meter or submeter installed by the owner or his agent. The bill would place responsibility on
the structure owner to ensure water submeters comply with laws and regulations governing
installation, certification, maintenance, billing, and testing of water submeters.
ACWA Position: Favor if amended Status: Sen. Nat. Res, & Water
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McCormick, Kidman & Behrens, LLP
Legislative Report June 18, 2010
A.3 AB 2409 (Nestande and Hill) Urban Water Suppliers: water shortage
contingency analysis.
The Urban Water Management Planning Act requires urban water suppliers to include an urban
water shortage contingency analysis within their urban water management plans. The Act
requires each urban water supplier to update its urban water management plan at least once every
5 years on or before December 31, in years ending in 5 and zero. The Act requires an urban
water management plan to include, among other things, an urban water shortage contingency
analysis which must include various elements relating to water supply availability during water
shortages and interruptions.
Commencing with the urban water management plan update due on December 31, 2015, for
purposes of developing the water shortage contingency analysis, this bill would require urban
water suppliers to analyze and define "water features" that are artificially supplied with water
(including ponds, lakes, waterfalls, and fountains) separately from swimming pools and spas.
The sponsor states the bill is intended to ensure that "decorative" water features are distinguished
from swimming pools and spas when determining water features' relative priority in an
emergency water shortage situation.
ACWA Position: Watch Status: Sen. Neat. Res. & Water
A.4 AB 2422 (T. Berryhill) Urban water demand management:
model water efficient landscape
ordinance: scientific panel.
ACWA Position: Watch Status: Dead
B. WATER RESOURCES MANAGEMENTIWATER PROJECTS
B.1 AB 1886 (Yamada) Water use: Sacramento-San Joaquin Delta
watershed.
ACWA Position: Oppose Status: Dead
B.2 AB 2049 (Arambula) State Water Resources Development
System: water delivery.
ACWA Position: Oppose Status: Dead
B.3 AB 2304 (Huffman) Groundwater management plans: components.
Under existing law, local agencies that provide water service may adopt and implement a
groundwater management plan. Local agencies electing to develop a groundwater management
plan must hold a hearing before adopting a resolution of intention to draft a plan. After the plan
is prepared, the agency must hold a second hearing to determine whether to adopt the plan. Each
hearing must be noticed as specified under existing law. This bill would require the local agency
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McCormick, Kidman & Behrens, LLP
Legislative Report June 18, 2010
to provide, upon written request, a copy of the proposed groundwater management plan to an
interested person and to give those persons at least 30 days notice of the time, date, and place of
the second hearing to determine whether to adopt the plan. The bill would also authorize an
interested person to contact the Department of Water Resources for, and would also authorize the
department to provide, specified information relating to groundwater management plans.
Where a local agency seeks certain state funding, existing law requires the agency to include a
list of components in its groundwater management plan, including components relating to
monitoring and management of groundwater levels within the basin. This bill would add one
component to the list: a map identifying the groundwater basin's "recharge areas."
ACWA Position: Watch Status: Sen. Nat. Res. & Water
BA AB 1774 (Saldana) Recycled water: state agency landscape irrigation.
Existing law sets forth legislative findings and declarations stating that the use of potable
domestic water for the irrigation of residential landscaping is a waste or unreasonable use of
water if recycled water is available, as determined by the State Water Resources Control Board
(SWRCB). Existing law authorizes a public agency to require the use of recycled water for the
irrigation of residential landscaping if recycled water is available for the use, as determined by
the SWRCB, if certain requirements are met. This bill would state legislative findings and.
declarations that the use of potable domestic water for the irrigation of landscaping generally is a
waste or an unreasonable use of water if recycled water is available, as determined by the
SWRCB.
This bill would declare that using potable domestic water to irrigate landscaping is a waste or an
unreasonable use of water if recycled water is available for that use, as determined by the
SWRCB. The bill would authorize any state or local public agency or district to require the use
of recycled water for irrigation of landscaping by a state agency if all of the following
requirements are met:
1. Recycled water is available to the user, and the source of recycled water is of adequate
quality for the proposed use.
2. The use of recycled water does not cause any loss or diminution of any existing water
right.
3. The irrigation systems are constructed in accordance with existing regulations located in
Title 22 of the California Code of Regulations at Division 4, Chapter 3.
4. The recycled water can be furnished at a "reasonable cost" to the state agency user. The
public agency requiring recycled water use must make a finding that the cost of supplying
recycled water is equal to or less than the cost of supplying, delivering, and treating
potable domestic water. The public agency must consider all relevant factors to mane
this determination, including the cost of retrofitting existing irrigation systems.
ACWA Position: Favor and amend Status: Sen. Nat. Res. & Water.
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McCormick, Kidman & ,Behrens, L.L,P
Legislative Report June 18, 2010
13.5 SB 1173 (Walk) Recycled water.
Existing law declares that the use of potable domestic water for non-potable uses is a waste or an
unreasonable use of water if recycled water is available, as determined by the SWRCB, and if
certain conditions are met. Where those conditions are met and recycled water is available,
existing law prohibits a person or public agency from using any water that is suitable for potable
domestic use for non-potable uses„ including but not limited to the irrigation of residential
landscaping, floor trap priming, cooling towers, and air-conditioning devices.
This bill would generally expand the categories of water falling within the existing declarations
and prohibitions. The bill would declare that the use of "raw water" or "potable domestic
water," as defined, for non-potable municipal or industrial uses is a waste or unreasonable use of
water if recycled water is available, the use meets specified regulatory criteria, and the source of
recycled water is reliable for the use in question. Where those conditions are met and recycled
water is available, this bill would prohibit a person or public agency from using "raw water" or
"potable domestic water" for non-potable municipal or industrial uses, including but not limited
to the irrigation of residential landscaping, floor trap priming, cooling towers, and air-
conditioning devices.
ACWA Position: Watch Status: Asm. Env. Safety & Tox. Materials
C. INFRASTRUCTURE FINANCING
D. EMINENT DOMAIN
E. PUBLIC OFFICIALS; ETHICS
EA AS 1813 (Lieu) Public officials: personal information.
Existing law requires a person, business, or association, upon receiving written demand of an
elected or appointed official, to remove the official's home address or telephone number from
public display on the Internet within 48 hours of the delivery of the demand, and to continue to
ensure that information is not reposted in the same manner. This bill would specify that the
requirement to remove the information from public display an the Internet includes information
provided to cellular telephone applications.
ACWA Position: Watch Status: Sen. Public Safety
E.2 AB 1955 (De LaTorre) Public officers: incompatible offices.
Existing law prohibits a public officer, including, but not limited to, an appointed or elected
member of a governmental board, commission, committee, or other body, from simultaneously
holding two "incompatible" public offices, unless simultaneous holding of the particular offices
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McCormick, Kidman & Behrens, LLP
Legislative Report June 18, 2010
is compelled or expressly authorized by law. Linder existing law, offices are "incompatible" if
any of the following are true:
1. Either of the offices may audit, overrule, remove members of, dismiss employees of, or
exercise supervisory powers over the other office or body.
2. Based on the powers and jurisdiction of the offices, there is a possibility of a significant
clash of duties or loyalties between the offices.
3. Public policy considerations make it improper for one person to hold both offices.
This bill would expand the definition of "incompatibility" by specifying three additional
circumstances in which public offices would be considered incompatible:.
1. When both public entities in which the offices exist have the power of eminent domain in
an area in which the geographic jurisdictions of each office or body overlap,
2. Either public entity in which an office exists has the power to set a fee or a rate or to
impose a tax or a levy that may directly or indirectly affect the other office or body.
3. Either public entity in which an office exists has the authority to investigate, monitor, or
sue the other office or body.
The bill retains the existing exception allowing a public officer to hold otherwise incompatible
offices where compelled or expressly authorized by law.
ACWA Position: Oppose Status: Sen. Loc. Gov.
E.3 AB 2+622 (Smyth) Political Reform Act of 1974: campaign contributions.
ACWA Position: Watch Status: Bead
F. BROWN ACT/PUBLIC RECORDS
F.1 AB 1957 (Silva) Administrative Procedure Act: notice of proposed
actions: local government agencies
ACWA Position: Favor Status: Dead
G. LABOR, EMPLOYMENT AND BENE)1{ ITS
H. PUBLIC WORKS/CONTRACTS
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McCormick, Kidman & Behrens, LLP
Legislative Report June 18, 2010
I, WATER SUPPLY AND LAND DEVELOPMENT
I WATER QUALITY/POLLUTION
3.1 SB 565 (Pavley) Water Resources.
Existing law declares that the diversion or use of water other than as authorized by specified
provisions of law is a trespass. Existing law authorizes the administrative imposition of civil
liability by the SWRCB hoard for a trespass in an amount not to exceed $500 for each day in
which the trespass occurs and payment to be deposited in the Water Rights Fund. This bill
would increase the $500 to $1,000 or $5,000 for each day in which the trespass occurs, as
specified, or the highest market value of the water, as specified, whichever is the greater amount.
This hill would also establish the Water Rights Protection 5ubaccount in the Water Rights Fund
and specified penalties would be required to be deposited in the subaccount.
Existing law authorizes the SWRCB to issue a cease and desist order against a person who is
violating, or threatening to violate, certain requirements, including requirements set forth in a
decision or order relating to the unauthorized use of water. Any person who violates an order
may be liable in an amount not to exceed $1,000 for each day in which the violation occurs.
This bill would increase, as specified, the civil penalties that apply to a person who violates a
cease and desist order. This hill would also impose civil liability, in an amount not to exceed
$500 for each day in which a violation occurs, for a failure to comply with various reporting or
monitoring requirements and authorize the SWRCB to impose additional civil liability, in an
amount not to exceed $500 for each day in which a violation occurs, for the violation of a permit,
license, certificate, or registration, or an order or regulation involving the unreasonable use of
water.
ACWA is opposing this bill. The following statement appeared in a letter dated June 10, 2010
from a coalition of organizations, including ACWA, to Assembly member Jared Huffman:
The above listed entities are apposed to SB 565 (Pavley) which would establish
several new penalty and investigative powers at the State Water Resources
Control Board dealing with water rights, while reducing or eliminating existing
due process and property rights protections for California water rights holders.
ACWA Position: Oppose Status: Asm. Env. Safety & Tox. Materials.
J.2 SB 1107 (Kehoe) Water quality; interceptor and trap grease.
Existing law regulates the transportation of inedible kitchen grease and requires transporters to
be registered and pay specified fees. This bill would require a new, regulated system to track the
transportation of "interceptor and trap grease," defined as grease that is principally derived from
food preparation, processing, or waste, and that is removed from a grease trap or grease
interceptor.
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McCormick, Kidman cis Behrens, LLP
Legislative Report June 18, 2010
This bill would require the S WRCB to adapt and implement regulations by January 1, 2012 to
establish a system to track the transportation of interceptor and trap grease, and to adopt a fee to
cover the system's implementation costs. The bill would authorize publicly owned treatment
works to accept interceptor and trap grease. The SWRCB would be required to regulate the farm
and scope of documentation to be generated and carried by transporters of interceptor and trap
grease.
Existing law authorizes the Department of Food and Agriculture to require registration
certificates for transporters of inedible kitchen grease, and to suspend or revoke those certificates
in certain circumstances. This bill would authorize the Department to suspend or such
certificates for a violation of this bill's provisions, or of any regulations adopted pursuant to it.
ACWA Position: Favor Status: Asm. Env. Safety & Tox. Materials.
J.3 SB 1284 (Ducheny) Water quality:. mandatory minimum civil penalties.
This bill is sponsored by the Association of California Water Agencies. Existing law gives the
SWRCB and its regional water quality control boards the authority to prescribe waste discharge
requirements in accordance with the federal Clean Water Act and the Porter-Cologne Water
Quality Control Act. With certain exceptions, Porter-Cologne imposes a mandatory minimum
penalty of $3,000 for each "serious waste discharge violation," as well as for certain recurring
minor violations. "Serious waste discharge violations" include failure to timely file a discharge
monitoring report. The SWRCB or a regional beard may administratively impose civil liability,
or those boards may request the Attorney General to petition the superior court to impose the
liability. Under existing law, a new $3,000 minimum fine must be assessed for each 30-day
period in which a required discharge monitoring report is not filed,
This bill would provide that failing to file a timely discharge monitoring report is not a "serious
waste discharge violation" and not subject to the mandatory minimum fine, if the discharger
submits a specified statement to the regional board attesting that no waste discharge occurred.
Effective through 2015, the bill would also amend the minimum fine provision to require the
mandatory minimum penalty of $3,000 to be assessed only for each required report that is not
timely filed, and not for each 30-day period following the deadline for submitting the report, if
both the following are true:
1. The discharger did not previously receive notice of an enforcement action imposing a
mandatory minimum penalty for a failure to file a discharge monitoring report in
connection with the same waste discharge requirements.
2. The discharges during the period or periods covered by the report do not violate effluent
limitations contained in waste discharge requirements that include numeric waste
discharge requirements.
Porter-Cologne currently prescribes an exception to the mandatory minimum fine for violations
of an effluent limitation, where the discharge complies with a "time schedule order" and other
requirements are met. Under existing law, time schedule orders generally may not exceed five
8
McCormick, Kidman chi Behrens, LLP
Legislative Report Jane 18, 2010
years in length. This bill would authorize a regional board to extend a time schedule order for an
additional five years, after a public hearing.
ACWA Position: SponsorlSupport Status: Asm. Env. Safety & Tox. Materials
K. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
K.1 All 1704 (Jeffries) Environment: CEQA: exemption.
ACWA Position: Support Status: Dead
K.2 AB 1805 (C. Calderon and Nestande) Environment: CEQA.
SB 1010 (Correa) Environment: CEQA
SBX8 42 (Correa) Environment. CEQA
ACWA Position far AB 1805: Watch Status: Dead
ACWA Position for SB 1010: Watch Status: Dead
ACWA Position for SBX8 42: Watch Status: Dead
K.3 AB 1929 (Hail) Invasive aquatic species: mussels.
ACWA Position: SponsorlSupport Status: Dead
K.4 AB 2565 (Arnmiano) Environment: CEQA: lead agency: documents.
The California Environmental Quality Act (CEQA) authorizes a lead agency to charge and
collect a reasonable fee from a person proposing a project that is subject to CEQA to recover the
estimated costs incurred by the lead agency in conducting the environmental review.
This bill would authorize a public agency to charge and collect a reasonable fee from members
of the public for a copy of an environmental document, as defined, that does not exceed the cost.
of reproducing the environmental document. This bill would also authorize the public agency to
provide the environmental document in an electronic format.
ACWA Position: Favor Status: Sen. Env. Qual.
L. SPECIFIC AGENCIES AND/OR PROJECTS
LA SB 1412 (R. Calderon) Water replenishment districts.
ACWA Position: Not Favor Status: Dead
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McCormick, Kidman & Behrens, LLB'
Legislative Report June 18, 2010
M. LAFCO
N. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION
PROCEDURES
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McCormick, Kidman & Behrens, LLP
Legislative Report June 18, 2010
INDEX
AB 1704 (Jeffries) .............................................................................................................................9
AB 1774 (Saldana) .............................................................................................................................4
AB 1793 (Saldan,a) .............................................................................................................................2
AB 1805 (C. Calderon & Nestande) 10
AB 1813 (Lieu) ................................................................................................................................5
AB 1886 (Yamada) ............................................................................................................................3
AB 1429 (Hall) ..................................................................................................................................9
AB 1955 (DeLaTorre) ........................................................................................................................5
AB 1957 (Silva) ................................................................................................................................6
AB 1975 (Fong) .......2
AB 2049 (Arambula)......................................................................................................................-3
AB 2304 (Huff-man) 3
AB 2409 (Nestande and Hill) 3
AB 2422 (T. Berryhill)...............................................................,................,.....................................3
AB 2565 (Ammiano) 9
AB 2622 (Sm;) ...............................................................................................................................6
SB 565 (Pavley) .........7
SB 10 10 (COrrea) . 9
SB 1147 (Kehoe) ................................................................................................................................7
SB 1173 (Wolk) ................................................................................................................................5
SB 1284 (Ducheny) ............................................................................................................................8
SB 1412 (R. Calderon) .......................................................................................................................9
SBx8 42 (Correa) .............................................................................................................................9
11
ITEM NO. 2.4
AGENDA REPORT
Meeting Date: June 30, 2010
Subject: Customer Feedback Report
ATTACHMENTS:
Name: cv, i~a$icri: a ype:
Customer Feedback Report.pdf Customer Feedback Report Backup Material
May 2010 Customer Feedback - 127 CSR's Generated
■ CSR Not Directly Related to
No Calls Customer -48
Required - 2
Follow-Up Phone 2% CSR Not Directly
Calls - 79 Related - 48 0 Follow-Up Phone Calls-79
61% 37%
No Calls Required-2
"IMMOO
May 2010 Customer Feedback Number of Phone Calls
Placed - 79
■ Messages Left-39
Neutral Response-3
M-
4% ■ Positive Response-34
Neutral Response-3
■ Negative Response-1
Corrective Action Taken-0
Impossible Problem to
Positive Response-34 Messages left - 36 Solve-1
45% %48
ITEM NO. 2.5
AGENDA REPORT
Meeting Date: June 30, 2010
Subject: General Counsel's Monthly Summary Billing Report
ATTACHMENTS:
Name: Dosciiption: a ype:
MKB Billing.pdf MKB Billing Backup Material
MKB_Summary.pdf MKB Summary Backup Material
YORBA LINDA WATER DISTRICT
MONTHLY SUMMARY BILLING CHART
BILLING MONTH. May 2090
Matter Matter Date Task Order
Name Number Opened Amount
CURRENT FISCAL YEAR 2009 -2010
Current Billing Total Billed to Date Total Billed 2008 -2009
Mav 26, 2010 Current Fiscal Year Prior Fiscal Year
CONSTRUCTION CONTRACTS
002
7/31/2007
NIA
$0.00
$33,426.47
$16,113.90
PROPERTY TAX ALLOCATION
030
$0.00
$1,404.54
$2,085.00
OCWD ANNEXATION
040
1/13/1994
NIA
$2,982.31
$7,052.31
$7,185.00
RICHFIELD SITE IMPROVEMENTS
042
$0.00
$0.00
$545.00
SHELL
051
$0.00
$51.34
$1,304.71
HIDDEN HILLS RESERVOIR
068
8/25/2003
$2,323.51
$69,735.48
$120,193.53
YLWD DEIMER PLANT
069
$490.00
$4,597.50
SSS DEVELOPMENT AGREEMENTS
071
$0.00
$0.00
$6,140.00
RWQCB
073
12/18/2002
$0.00
$0.00
$636.21
LAKEVIEW RESERVOIR
081
3/2/2005
$20,000.00
KOO
$577.50
$1,924.00
NON - CONSTRUCTION AGREEMENTS
084
4/5/2005
$11,000.00
$540.70
$22,735.40
$43,493.12
CELL TOWER
085
7/28/2006
$15,000.00
$0.00
$2,043.80
$1,012.50
WATER RATESIWATER CONSERVATION
087
7/31/2006
$10,000.00
$0.00
$15,159.35
$76,130.12
BOD PROCEDURES
089
3/27/2006
$5,000.00
$0.00
$0.00
$12,522.50
GRANDVIEW SEWER
091
5/30/2007
$10,000.00
$0.00
$545.50
$1,202.50
Matter Matter Date Task Order Current Billing Total Billed to Date Total Billed 2008 -2009
Name Number Onened Amount Mav 26. 2010 Current Fiscal Year Prior Fiscal Year
2010 DEVELOPMENT PROPOSALS
094
1/19/2010
$0.00
$6,500.00
CIELO VISTA
095
2/3/2010
$0.00
$2,787.12
CODE OF ETHICS
096
2/19/2010
$0.00
$4,455.00
ANAHEIM WELLS
097
3/31/2010
$0.00
$907.50
SAVI ANNEXATION
098
5/17/2010
$1,072.50
$1,072.50
TOTAL
$7,409.02
$173,0513 1
$290,488.09
McCormick, Kidman & Behrens Charges
Month of
May-2010
Expensed 7,352.31
Job charges 1,973.85
9,326.16
YTD through
May-2010
Expensed 156,430.24
Job charges 39,945.71
196,375.95
Public Comments Made by Mark Schock
June 30, 2010 at the YLWD Executive Administrative-Organizational Committee
As you may be aware, we lost electrical power to the top part of Hidden Hills for several hours on June
25, 2010. This was caused by a blown Edison transformer on Hidden Hills Road. Hidden Hills Residents
noticed a significant drop or complete loss of water pressure depending their elevation on the hill. After
contact with Water District personnel, I learned that all of the electrical water um had gone off line
due to a lack of electricity and were inoperative. The backup gas pump fired up as it was supposed to,
but slipped a belt and went offline as well. The Water District brought in emergency electrical
generators to restart the electrical water pumps. The generators had to be hand wired to the pumps
which took some time.
In light of the Freeway Complex Fire on November 15, 2008, when the pumps previously failed at the
Santiago Booster Station and water pressure to our fire hydrant system was lost, it only seems
reasonable that all of the regular and back-up pumps would have been inspected, properly maintained,
tested, and regularly retested to ensure availability and operability should the need arise. Thank
goodness the problem was only caused by a simple electrical outage and not a fire. How was this failure
of a critical backup pump allowed to happen?
Electrical failures are commonplace in our Hidden Hills neighborhood. It seems that we have at least
several electrical failures per year. 1 believe that this problem will be exacerbated as the Edison
Company initiates any rolling brown-outs this summer. Because electrical failures are so common place
in the Hidden Hills, I am left to wonder why YLWD has never installed back-up electrical generating
capability at the Santiago Booster Pump Station. I am also left to wonder if the YLWD has ever
considered requesting Edison Company to install a second redundant commercial electrical line to the
Santiago Booster Pump Station from perhaps the Stone Haven neighborhood that operates off of a
different transformer system.
Regardless of any results of the YLWD Customer Feedback Report that will be discussed later on in
today's agenda, after last week's backup pump failure, residents of Hidden Hills have a very low
confidence level that the YLWD will be able to provide water to our neighborhood during an emergency.
I would therefore like to request that the YLWD have a formal agenda item presentation at the next
Regular Board of Directors Meeting explaining publicly how the failure of this critical backup pump was
allowed to happen, and the steps that have been taken to prevent recurrence.
Thank You