HomeMy WebLinkAbout2011-04-19 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Tuesday, April 19, 2011, 10:00 AM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager
Director Phil Hawkins
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. PRESENTATIONS
2.1. Special Districts Board and Executive Management Training Options
3. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
3.1. CSDA Membership
Recommendation: That the Committee recommend the Board of Directors approve
District membership in the California Special Districts Association for calendar years
2011 and 2012.
3.2. Draft Facilities Use Agreement
Recommendation: That the Committee consider recommending approval of the
District's Facilities Use Agreement.
4. 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.
4.1. Draft Board Budget
4.2. Draft Administration Budget
4.3. Board of Directors Committees
4.4. Board iPad Reimbursement Program
4.5. Organizational Chart
4.6. Report on 2011 Legislative Bills
4.7. General Counsel's Monthly Summary Report
4.8. Professional Service Agreements
4.9. MWDOC Member Agencies Agreement
4.10. Future Agenda Items and Staff Tasks
5. ADJOURNMENT
5.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held May 17, 2011 at 4:00 p.m.
Items Distributed to the Committee Less Than 72 Hours Prior to the Meeting
Pursuant to Government Code section 54957.5, non-exempt public records that relate to open session agenda items
and are distributed to a majority of the Committee less than seventy-two (72) hours prior to the meeting will be available
for public inspection in the lobby of the District's business office located at 1717 E. Miraloma Avenue, Placentia, CA
92870, during regular business hours. When practical, these public records will also be made available on the District's
internet website accessible at http://www.ylwd.com/.
Accommodations for the Disabled
Any person may make a request for a disability-related modification or accommodation needed for that person to be
able to participate in the public meeting by telephoning the Executive Secretary at 714-701-3020, or writing to Yorba
Linda Water District, P.O. Box 309, Yorba Linda, CA 92885-0309. Requests must specify the nature of the disability and
the type of accommodation requested. A telephone number or other contact information should be included so the
District staff may discuss appropriate arrangements. Persons requesting a disability-related accommodation should
make the request with adequate time before the meeting for the District to provide the requested accommodation.
ITEM NO. 2.1
AGENDA REPORT
Meeting Date: April 19, 2011
To: Executive-Administrative-
Organizational Committee
From: Ken Vecchiarelli, General
Manager
Subject: Special Districts Board and Executive Management Training Options
SUMMARY:
The Committee will meet with Brent Ives of BHI Management Consulting(www.bhiconsulting.com)
to discuss options for Board and executive management training, executive coaching, seminars and
workshops critical for effective management of special districts.
ITEM NO. 3.1
AGENDA REPORT
Meeting Date: April 19, 2011 Budgeted: No
Total Budget: $0
To: Executive-Administrative- Cost Estimate: $4,456
Organizational Committee
Funding Source: Water Operating
Fund
From: Ken Vecchiarelli, General Account No: 1-2010-0640-00
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: CSDA Membership
SUMMARY:
The California Special Districts Association (CSDA) is a 501 c(6), not-for-profit association that was
formed in 1969 to ensure the continued existence of local, independent special districts. CSDA
currently has over 1,000 member agencies throughout the state of California, including irrigation,
water, park and recreation, cemetery, fire, police protection, library, utility, harbor, healthcare and
community services districts. CSDA membership provides education and training, insurance
programs, legal advice, industry-wide litigation and public relations support, legislative advocacy,
capital improvement and equipment funding, and collateral design services.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors approve District membership in the
California Special Districts Association for calendar years 2011 and 2012.
DISCUSSION:
Benefits of CSDA Membership includes:
LEGISLATIVE ADVOCACY
. (2) In-house Lobbyists and one contract Lobbyist to track and advocate on Public Policy
Issues
. Legislative Conference in Sacramento
. Weekly Emails and Legislative Alerts
. Access to CSDA's Legislative Action Center
- Follow Key Legislation
- Download Position Letters
- PR Tools
EDUCATION AND TRAINING
. Special District Leadership Academy
- Agency and Board training
- Endorsed by (8) other special district associations
. Annual CSDA Conference
. Workshops/Seminars/Webinars for Staff Training
- Annual Board Secretary Training- (Save $225/yr for members)
. AB 1234 Ethics Training
. CSDA Bi-Monthly Magazine
. Discounts on Publications, including Salary & Benefits Survey
RISK MANAGEMENT PROGRAMS
. Special District Risk Management Authority (SDRMA)
- Worker's Compensation Coverage
- Property & Liability Coverage
- Heath Coverage
. One Hour Free Legal Advice, per year
Annual dues are calculated based on the agency's total operating budget as of July 1 st of the
previous fiscal year. Agencies with operating budgets over $5M pay an annual membership fee of
$4,456 per year. The membership runs on a calendar year basis, January through December.
Should YLWD opt to join prior to January 1 st, the full amount would be due at the time of
membership sign up, with the pro-rated months not used in the first year, taken off the cost of the
second year's membership in January.
ATTACHMENTS:
Rune: Desciiption V YPP
Memo- CSDA Membership 033111 CB.docx CSDA Membership Memo Backup Material
Yorba Linda
Water District
Memo
To: Ken Vecchiarelli
Date: April 5, 2011
From: Cindy Botts
Subject: California Special Districts Asso. Membership
❑ Urgent OX For Review ❑ Please Comment ❑ Please Reply
Comments:
The California Special Districts Association (CSDA) is a 501c(6), not-for-profit association that
was formed in 1969 to ensure the continued existence of local, independent special districts.
CSDA currently has over 1,000 member agencies throughout the state of California, including
irrigation, water, park and recreation, cemetery, fire, police protection, library, utility, harbor,
healthcare and community services districts. CSDA membership provides education and training,
insurance programs, legal advice, industry-wide litigation and public relations support,
legislative advocacy, capital improvement and equipment funding, and collateral design services.
MEMBERSHIP BENEFITS:
1. Legislative Advocacy
• (2) In-house Lobbyists and one contract Lobbyist to track and advocate on Public
Policy Issues
• Legislative Conference in Sacramento
• Weekly Emails and Legislative Alerts
• Access to CSDA's Legislative Action Center
■ Follow Key Legislation
■ Download Position Letters
■ PR Tools
2. Education and Training
• Special District Leadership Academy
■ Agency and Board training
■ Endorsed by (8) other special district associations
• Annual CSDA Conference
• Workshop s/Seminars/Webinars for Staff Training
■ Annual Board Secretary Training- Saves $225/yr
• AB 1234 Ethics Training
• CSDA Bi-Monthly Magazine
• Discounts on Publications, including Salary & Benefits Survey
3. Risk Management Programs
• Special District Risk Management Authority (SDRMA)
■ Worker's Compensation Coverage
■ Property & Liability Coverage
■ Heath Coverage
• One Hour Free Legal Advice, per year
MEMBERSHIP COST:
Annual dues are calculated based on the agency's total operating revenue/income as of July 1st of
the previous fiscal year. FY 2009/10 total operating revenue/income was $26,510,966. Based on
this operating budget, the cost of membership would be $4,456 per year. The membership runs
on a calendar year basis, January through December. Should YLWD opt to join prior to January
1st, the full amount would be due at the time of membership sign up, with the pro-rated months
not used in the first year, taken off the cost of the second year's membership in January.
Example:
July 2011-December 2011 Membership Cost - ($4,456)
January 2012- December 2012 Membership Cost- ($4,456 minus 6 months of pro-rated dues
[$2,228] = $2,228)
January 2013- December 2013 Membership Cost- ($4,456)
PROGRAM CONTACT
Travis Wills
Membership & Chapters Coordinator
CSDA
1112 "1" Street, Suite 200
Sacramento, CA 95814
877-924-2732
a.,~VV,.L ut.
ITEM NO. 3.2
AGENDA REPORT
Meeting Date: April 19, 2011 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Draft Facilities Use Agreement
SUMMARY:
The Yorba Linda Water District currently allows the use of its facilities as a public service by non-
profit, secular organizations. The Draft Facilities Use Agreement establishes guidelines and
procedures to insure all groups using the facilities of the District comply with District policies and
procedures and that all users of these facilities are financially responsible for damages and other
costs incurred through their use.
STAFF RECOMMENDATION:
That the Committee consider recommending approval of the District's Facilities Use Agreement.
DISCUSSION:
The Draft Facility Use Agreement addresses the application process, reservation time line, and
housekeeping security deposits, in addition to outlying the specifics of allowable facility users. The
Draft Facilities Use Agreement is derived from a draft policy issued by ACWA-JPIA, but has not yet
been reviewed by legal council.
ATTACHMENTS:
Name: Description: Type:
7020-11-
XX Facilities Use Policy WITHOUT Alcohol.docx Draft Facilities Use Agreement Backup Material
Yorba Linda
Water District
Policies and Procedures
Policy No.: 7020-11-XX
Effective Date: September 1, 2009°
Prepared By: Gina Knight, HR Manager
Applicability: District Wide
POLICY: FACILITIES USE POLICY
1.0 PURPOSE
A. The purpose of this policy is to establish guidelines and procedures to
insure all those groups using the facilities of the Yorba Linda Water District
comply with all District policies and procedures and that all Users are
financially responsible.
2.0 POLICY
A. It is the policy of the Yorba Linda Water District to allow the use of its
facilities as a public service by non-profit/non-religious organizations. The
Users' organization must be within the YLWD service area, which includes
most of Yorba Linda, portions of Placentia, Brea, Anaheim and some
areas of unincorporated Orange County.
B. The use of the District's facilities by non-profit groups will be limited to
business meetings or community service programs and are made on a
first come, first served basis.
C. The Yorba Linda Water District does not charge a fee for the use of its
facilities. Charging of fees by the User for entrance to District facilities or
solicitation of contributions is prohibited. No products, services, food or
beverages may be sold.
D. Prior to any entry by User, the District must be furnished with a policy or
certificate of comprehensive general liability insurance as detailed in
Exhibit A.
1. The Yorba Linda Water District is not liable for accidental injury to
persons or loss or damage of group or individual property.
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E. The Yorba Linda Water District is a non-smoking facility.
F. The Yorba Linda Water District shall not allow use of its public facilities by
any person or organization that illegally discriminates on the basis of race,
color, creed, marital status, sex, religion, national origin, ancestry or
mental or physical disability.
G. Any notice given by the User of its activities conducted at the District's
facilities shall include the following disclaimer:
"The Yorba Linda Water District neither supports nor endorses the cause
or activities of organizations using the District's facilities. The facilities are
made available as a public service."
H. Service animals or police service dogs only will be allowed in District
facilities. No other animals are permitted in District facilities.
1. The Yorba Linda Water District reserves the right to deny any applicant
based on security and/or safety concerns.
J. The Yorba Linda Water District reserves the right to restrict parking to
assigned areas of the parking lot.
K. District personnel may enter and inspect the facilities at any time without
notice.
L. The District reserves the right to terminate use of the facilities by the User
at any time and to further deny future use of the facilities.
M. The District General Manager has the authority to grant exemptions to
these policy guidelines.
3.0 PROCEDURES:
A. Reservations
1. Reservations for use of District facilities must be submitted in
writing a minimum of two (2) weeks in advance.
B. Application Procedure
1. An Application for Use of Yorba Linda Water District Facilities must
be completed and submitted to the District for approval. (Exhibit B)
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2. All Users of the Yorba Linda Water District facilities shall be
financially responsible for personal injuries or property damages
arising from the meeting or activities.
3. A reservation for meeting space is not confirmed until the User
receives a copy of the contract signed by an authorized
representative of the District.
C. Deposits/Payments Procedures
1. A clean-up deposit of $100.00 is required and shall be refunded if
clean-up standards, as determined by District staff and its
contracted janitorial service, are met and no damage has occurred.
2. An after-hours labor reimbursement payment will be charged to
Users requiring District staff to be available after hours. Payment
will be calculated at the hourly rate of District's staff X 1.5 X amount
of hours required to work.
3. Facilities User will be billed for damages exceeding the deposit. If
damage does not exceed the deposit amount, a check will be
refunded for the difference. Refunds will be mailed four (4) to six
(6) weeks after conclusion of an event.
4.0 RESPONSIBILITIES
A. It is the responsibility of each District employee:
1. To carefully follow all the procedures outlined in this policy.
4. To cooperate with the Risk Manager to protect the health, safety
and life of District employees and the public.
5. To cooperate with the Risk Manager to protect the property of the
Yorba Linda Water District.
3. To comply with the procedures outlined in this policy in order to
document any incidents.
B. It is the responsibility of the Department Manager to ensure:
1. Their staff is versed in the procedures outlined in this policy and
that their staff is aware of the importance of adhering to the policy
and procedures.
3
2. The Risk Manager is made aware of any accidents or incidents
impacting the District as soon as possible after the accident or
incident, but no later than 24 hours after so appropriate documents,
forms and statements may be gathered and forwarded to JPIA and
legal counsel.
C. It is the responsibility of the Risk Manager to:
1. Contact the General Manager/Assistant General Manager to make
them aware of any accidents or incidents that could cause an
impact to the District.
2. Ensure contact is made with JPIA and/or legal counsel to apprise
them of the possibility of claims against the District.
3. Ensure all materials: incident reports, notes, forms, photographs,
witness statements, etc., are forwarded to JPIA and/or legal
counsel.
D. It is the responsibility of the User to adhere to all the stipulations and
requirements of this Facilities Use Policy, its Exhibits and Temporary Entry
Permit.
4.0 EXHIBITS
A. Risk Transfer Clauses
B. Application for Use of Facilities
C. Temporary Entry Permit
D. Facilities Use Policy-Acknowledgement Form
E. Employee's Acknowledgement Form
APPROVED:
Kenneth R. Vecchiarelli, General Manager Date
4
7020-11-XX
Exhibit A
Yorba Linda
Water District
RISK TRANSFER CLAUSES
FACILITIES USE AGREEMENTS
Workers' Compensation Insurance - By his/her signature hereunder, Sponsor
certifies that he/she is aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for
workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before
commencing the event.
Indemnification - To the fullest extent permitted by law, Sponsor shall indemnify
and hold harmless and defend the Yorba Linda Water District, its directors,
officers, employees, or authorized volunteers, and each of them from and against:
1. Any and all claims, demands, causes of action, damages, costs, expenses,
losses or liabilities, in law or in equity, of every kind or nature whatsoever
for, but not limited to, injury to or death of any person including the Yorba
Linda Water District and/or Sponsor, or any directors, officers, employees,
or authorized volunteers of the Yorba Linda Water District or Sponsor, and
damages to or destruction of property of any person, including but not
limited to, the Yorba Linda Water District and/or Sponsor and their directors,
officers, employees, or authorized volunteers, arising out of or in any
manner directly or indirectly connected with the event to occur under this
agreement, however caused, regardless of any negligence of the Yorba
Linda Water District or its directors, officers, employees, or authorized
volunteers, except the sole negligence or willful misconduct of the Yorba
Linda Water District or its directors, officers, employees, or authorized
volunteers;
2. Any and all actions, proceedings, damages, costs, expenses, penalties or
liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or
regulation, compliance with which is the responsibility of Sponsor.
5
3. Any and all losses, expenses, damages, attorneys' fees, and other costs,
including all costs of defense, which any of them may incur with respect to
the failure, neglect, or refusal of Sponsor to faithfully perform all of its
obligations under the agreement. Such costs, expenses, and damages
shall include all costs, including attorneys' fees, incurred by the indemnified
parties in any lawsuit to which they are a party.
Sponsor shall defend, at Sponsor's own cost, expense and risk, any and all such
aforesaid suits, actions, or other legal proceedings of every kind that may be
brought or instituted against the Yorba Linda Water District or its directors, officers,
employees, or authorized volunteers.
Sponsor shall pay and satisfy any judgment, award or decree that may be
rendered against the Yorba Linda Water District or its directors, officers,
employees, or authorized volunteers, in any and all such suits, actions, or other
legal proceedings.
Sponsor shall reimburse the Yorba Linda Water District and its directors, officers,
employees, or authorized volunteers, for any and all legal expenses and costs
incurred by each of them in connection therewith or in enforcing the indemnity
herein provided.
Sponsor's obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the Yorba Linda Water District, or its directors, officers,
employees, or authorized volunteers.
GENERAL CONDITIONS
Laws, Regulations and Permits - The Sponsor shall give all notices required by
law and comply with all laws, ordinances, rules and regulations pertaining to the
event. The Sponsor shall be liable for all violations of the law in connection with
the event.
Safety & Security - The Sponsor shall execute and maintain the event so as to
avoid injury or damage to any person or property. Sponsor shall provide security
for the event. A security plan shall be submitted to the Yorba Linda Water District
twenty (20) days prior to the event which shall include the names of individuals
assigned security duties, how they are to be identified as security personnel, and
what instructions they have been provided. The security plan shall identify the
person in charge and how said person will communicate with local law
enforcement in an emergency.
Commercial General Liability and Automobile Liability Insurance - The
Sponsor shall provide and maintain the following commercial general liability and
automobile liability insurance:
1. Coverage - Coverage for commercial general liability and automobile
liability insurance shall be at least as broad as the following:
6
a. Insurance Services Office (ISO) Commercial General Liability
Coverage (Occurrence Form CG 0001)
b. Insurance Services Office (ISO) Business Auto Coverage (Form CA
0001), covering Symbol 1 (any auto)
2. Limits - The Sponsor shall maintain limits no less than the following:
a. General Liability - One million dollars ($1,000,000) per occurrence
for bodily injury, personal injury and property damage. If Commercial
General Liability Insurance or other form with a general aggregate
limit is used, either the general aggregate limit shall apply separately
to the project/location (with the ISO CG 2503, or ISO CG 2504, or
insurer's equivalent endorsement provided to the Yorba Linda Water
District) or the general aggregate limit shall be twice the required
occurrence limit.
b. Automobile Liability - One million dollars ($1,000,000) for bodily
injury and property damage each accident limit.
3. Required Provisions - The general liability and automobile liability policies
are to contain, or be endorsed to contain, the following provisions:
a. The Yorba Linda Water District, its directors, officers, employees,
and authorized volunteers are to be given insured status (via ISO
endorsement CG 2026 or insurer's equivalent for general liability
coverage) as respects: liability arising out of activities performed by
or on behalf of the Sponsors; products and completed operations of
the Sponsor; premises occupied or used by the Sponsor; and
automobiles owned, leased, hired or borrowed by the Sponsor. The
coverage shall contain no special limitations on the scope of
protection afforded to the Yorba Linda Water District, its directors,
officers, employees, or authorized volunteers.
b. For any claims related to this event, the Sponsor's insurance shall be
primary insurance as respects the Yorba Linda Water District, its
directors, officers, employees, or authorized volunteers. Any
insurance, self-insurance or other coverage maintained by the Yorba
Linda Water District, its directors, officers, employees, or authorized
volunteers shall not contribute to it.
C. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided
to the Yorba Linda Water District, its directors, officers, employees,
or authorized volunteers.
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d. The Sponsor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to
the limits of the insurer's liability.
e. Each insurance policy required by this agreement shall state, or be
endorsed to state, that coverage shall not be canceled by the
insurance carrier or the Sponsor, except after thirty (30) days (10
days for non-payment of premium) prior written notice by U.S. mail
has been given to the Yorba Linda Water District.
Such liability insurance shall indemnify the Sponsor against loss from liability
imposed by law upon, or assumed under contract by, the Sponsor for damages on
account of such bodily injury (including death), property damage, and personal
injury.
The general liability policy shall cover bodily injury and property damage liability,
owned and non-owned equipment, and blanket contractual liability.
The automobile liability policy shall cover all owned, non-owned, and hired
automobiles.
All of the insurance shall be provided on policy forms and through companies
satisfactory to the Yorba Linda Water District.
Deductibles and Self-Insured Retentions - Any deductible or self-insured
retention must be declared to and approved by the Yorba Linda Water District. At
the option of the Yorba Linda Water District, the insurer shall either reduce or
eliminate such deductibles or self-insured retentions.
Acceptability of Insurers - Insurance is to be placed with insurers having a
current A.M. Best rating of no less than A-:VII or equivalent or as otherwise
approved by the Yorba Linda Water District.
Workers' Compensation and Employer's Liability Insurance - The Sponsor
shall cover or insure under the applicable laws relating to workers' compensation
insurance, all of their employees working on or about the event, in accordance with
the "Workers' Compensation and Insurance Act", Division IV of the Labor Code of
the State of California and any Acts amendatory thereof. The Sponsor shall
provide employer's liability insurance with limits no less than $1,000,000 each
accident, $1,000,000 disease policy limit, and $1,000,000 disease each employee.
Evidences of Insurance - Prior to execution of the agreement, the Sponsor shall
file with the Yorba Linda Water District a certificate of insurance (Accord Form 25-
S or equivalent) signed by the insurer's representative evidencing the coverage
required by this agreement. Such evidence shall include an additional insured
endorsement signed by the insurer's representative. Such evidence shall also
8
include confirmation that coverage includes or has been modified to include
Required Provisions a-e.
The Sponsor shall, upon demand of the Yorba Linda Water District, deliver to the
Yorba Linda Water District such policy or policies of insurance and the receipts for
payment of premiums thereon.
Continuation of Coverage - If any of the required coverages expire during the
term of this agreement, the Sponsor shall deliver the renewal certificate(s)
including the general liability additional insured endorsement to the Yorba Linda
Water District at least ten (10) days prior to the expiration date.
Signature of
Sponsor: Date:
Print Name:
Name of Organization:
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7020-11-XX
Exhibit B
Yorba Linda
Water District
Application for Use of Meeting Room Facilities
Name of Organization or
Group:
Represented by: Name: Title:
Address:
Home phone: Work Phone: Cell Phone:
Purpose of organization or group:
Is the organization or group a non-profit and non-religious organization: Yes No
Board room: Training room:
YLWD Facility requested: Board &Training room EOC room:
combined:
Date(s) requested:
Time requested: From: a.m./p.m. From: a.m./p.m.
To: a.m./p.m. To: a.m./p.m.
Number of Attendees:
Will there be a charge for admission? Yes No
Will any products or services be sold? Yes No
Signed: Date:
The following disclaimer must be included in any published announcement:
"The Yorba Linda Water District neither supports nor endorses the cause
nor activities of organizations using the District's meeting rooms, which are made
available as a public service."
I have read and understand the guidelines and checklist for using the Yorba Linda Water
District's meeting room facilities:
Print Name: Signature: Date:
Approved for YLWD:
1717 E. Miraloma Avenue, Placentia, Ca 92870
Tel: (714) 701-3000 Fax: (714) 701-3038
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7020-11-XX
Exhibit C
Yorba Linda
Water District
Temporary Entry Permit
Permission is given to:
To enter the Yorba Linda Water District premises for the purpose of the event
described as:
for a period commencing: 200 , and ending
, 200 , between the hours of a.m./p.m. and
a.m./p.m.
The permission for entry is given under the following conditions:
1. The Permit is limited as specified above.
2. User shall comply with, be subject to, and cause its employees, officers,
agents, representatives, licensees, volunteers and invitees to comply with
and be subject to all terms and conditions of this Temporary Entry Permit.
User will comply with any and all instructions and directions of District
representatives. All of User's representatives will be continuously under
the control of (name of District representative)
Every person entering the District's
facilities under this permit shall be considered to be acting as User's agent
and shall enter at his/her own risk.
3. The Yorba Linda Water District ("District") makes no representations that
the facilities are fit for any particular use, including User's intended
purpose specified above. Nor does the District represent that the facilities
are free from defects, conditions or risks. User has inspected, or will
inspect the facilities and accepts the facilities "as is". The District shall
have no duty to inspect the facilities or to warn any person of any latent or
patent defect, condition or risk that may be encountered in the exercise of
rights under this permit.
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4. Upon expiration or termination of this permit, User shall restore the
premises to the condition they were in prior to User entry.
User agrees to be liable for and to pay the District for the cost of repairing
all damage of any kind whatsoever to the facilities and any District
property, landscaping and structures, including damage and expense from
loss of use thereof, arising from or related to any acts or omissions of User
or User's representatives, unless the foregoing are held by a court of
competent jurisdiction to have been caused solely by the gross negligence
or willful misconduct of the District.
5. The District does not charge a fee for the use of its facilities. Charging of
fees by applicant for entrance to the facilities or the solicitation of
contributions is prohibited. No products, services, food or beverages may
be sold.
6. To the fullest extent permitted by law, User agrees to be solely responsible
for any and all injuries, damages and claims to persons or property arising
out of its use of the Yorba Linda Water District's facilities except for any
such claims arising out of the sole negligence or willful misconduct of the
Yorba Linda Water District or its directors, officers, employees or
authorized volunteers. User agrees to defend, hold harmless and
indemnify the Yorba Linda Water District, its directors, officers, employees
or authorized volunteers against any and all such injuries, damages and
claims. This indemnification agreement shall not be restricted to any
insurance proceeds.
7. User shall provide and maintain general liability insurance with limits of at
least one million dollars ($1,000,000) per occurrence ($2,000,000 general
aggregate, if used) for bodily injury, personal injury and property damage
arising out of the activities and properties described herein. Coverage
shall include contractual liability covering the User's obligations in
paragraph 6. Coverage shall not be limited in any way with respect to
host liquor liability coverage.
The general liability coverage shall give the Yorba Linda Water District, its
directors, officers, employees and authorized volunteers insured status
using ISO endorsement CG2026 or equivalent. User shall provide the
District with a certificate of insurance and additional insured endorsement
before scheduled use. Such insurance shall be primary, and any
insurance, self-insurance or other coverage maintained by the District, its
directors, officers, employees or authorized volunteers shall not contribute
to it. Coverage is to be placed with a carrier with an AM Best rating of no
Less than A-: VII or equivalent or as otherwise approved by the District.
The District will not be responsible for any costs of premiums or other
charges for such insurance. Nothing in this paragraph shall limit User's
obligation under the other provisions of this permit.
12
8. User shall insure, or be a qualified self-insured, with respect to the
applicable laws relating to workers' compensation coverage (California
Labor Code Section 3700) for all User's employees working on or about
the District facilities. User shall provide the District with a certificate of
Worker's Compensation and Employer's Liability insurance coverage to be
placed with a carrier with an A.M. Best rating of no less than A-:VII, or
equivalent, or as otherwise approved by the District. The employer's
liability limit shall be no less than $1,000,000 each accident or disease.
9. If any of the insurance coverages in paragraph 7, 8 and 9 expire during
the term of this Permit, the User shall deliver the renewal certificate,
including the general liability additional insured endorsement to the District
at least ten (10) days prior to the expiration date.
10. This Permit shall not be transferred or assigned by User.
11. This Permit is revocable at any time at the sole option and discretion of the
District. User agrees to peacefully surrender the premises upon written or
oral demand given by the District or its authorized representatives to User
or any of User's representatives.
12. The obligations and liabilities of User under Paragraph 7 of this Permit
shall survive the expiration or termination of this Permit.
By:
Yorba Linda Water District Title
Name: Date:
By:
Authorized Representative Title
Name: Date:
Organization:
13
7020-11-XX
Exhibit D
Yorba Linda
Water District
Facilities Use Policy
Acknowledgement Form
I acknowledge that I have received and read the provisions contained in the
Yorba Linda Water District's Facilities Use Policy. I understand it is my
responsibility to consult with the Yorba Linda Water District's representative if I
have any questions that are not answered in the Policy.
I also understand the provisions in this Policy are guidelines and may not
address all circumstances that may arise. In such case, the District's Risk
Manager shall apply the Policy based on factors including but not limited to past
practices and rules of statutory interpretation.
I understand that it is my responsibility to ensure the provisions contained in this
Policy are followed.
NAME (printed):
SIGNATURE:
ORGANIZATION:
DATE:
14
7020-11-XX
Exhibit E
Yorba Linda
Water District
Facilities Use Policy
Acknowledgement Form
I acknowledge that I have received and read the provisions contained in this
Facilities Use Policy. I understand that it is my responsibility to consult my
supervisor or the Human Resources Department if I have any questions that are
not answered in the Policy.
I also understand that the provisions in this Policy are guidelines and may not
address all circumstances that may arise. In such case, the District's Risk
Manager shall apply the policy based on factors including but not limited to past
practices and rules of statutory interpretation.
g"
EMPLOYEE'S NAME (printed):
EMPLOYEE'S SIGNATURE:
DATE:
Distribution: Original to Personnel File
Copy: Employee
15
ITEM NO. 4.1
AGENDA REPORT
Meeting Date: April 19, 2011 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Draft Board Budget
SUMMARY:
Based on discussions in the Board Budget Workshop held on March 25, 2011, in which the Board
expressed its intent to increase its community presence and the need for legislative advocacy, the
Board's Draft Supplies and Services budget for FY 2011/12 includes increase in these areas.
However, since the election year expenses will fall off this next year, the total Supplies and Services
Budget decreased slightly from prior years. It is also expected that total Board compensation from
per diem expenses (salaries) and associated benefits will increase from an increase in meetings
attended and community events participation.
DISCUSSION:
The major changes from the current year's budget to the FY 2011/12 budget, include the addition of
$60,000 in legislative consultants, as well as additional money included in the Travel and
Conferences account to allow for further training, agency interaction and involvement in District-
related professional associations/organizations by the Board. Board salaries and benefits are also
proposed to increase to allow each Board member to attend up to ten meetings per month, the
maximum allowable by law. In the current year's budget, attendance at six meetings per month was
budgeted based on prior year averages. Board election expenses of $80,000 was removed from the
FY 2011/12 budget as there is no general election this year. Finally, as $60,000 in legislative
advocacy was also included in the draft budget for the Public Information/Public Affairs Section, this
item need not be duplicated and may be removed from one of the sections of the draft budget.
ATTACHMENTS:
BOD Only Supplies Svcs Draft 041111.pdf Draft BOD Budget FY 10-11 and 11-12 Backup Material
Budget Detail- _BOD_Supplies _FY_11-12.pdf Draft Board Supplies and Services Budget Backup Material
FY 2010/11 Budget FY 2010/11 FY 2011/12 Budget
Forecast
Expenses (Operating)
Supplies & Services
Dues & Memberships $ 700 $ 500 $ 700
Election Expenses $ 80,000 $ 35,600 $ -
Insurance $ 400 $ 400 $ 400
Professional Services $ 30,000 $ 25,000 $ 90,000
Travel & Conferences $ 7,500 $ 7,500 $ 13,700
Supplies & Services Sub-Total $ 118,600 $ 69,000 $ 104,800
Section Detail Expense Budget
Dept/Section: BOD (1010) FY 2012
ption
1-1010-0640-00 $700 1-1010-0640-00 700 Water Education Foundation 200
DUES,MEMBERSHIPS,SUBSCRI DUES,MEMBERSHIPS,SUBSCRIPTI
PTIONS (E) ONS (E) Colorado River Water Users Assoc 200
ISDOC 100
WACO 200
1-1010-0690-00 $400 1-1010-0690-00 400 Honesty Bond 400
INSURANCE (E) INSURANCE (E)
1-1010-0780-00 $90,000 1-1010-0780-00 90,000 LegalServices - Retainer 30,000
PROFESSIONAL SERVICES (E) PROFESSIONAL SERVICES (E) Legislative Consultants 60,000
1-1010-0830-00 $13,700 1-1010-0830-00 13,700 ACWA 4,500
TRAVEL & CONFERENCES (E) TRAVEL & CONFERENCES (E) Washington DC 5,000
CRWUA 4,000
ISDOC Quarterly 200
Section Total $104,800 1 i
ITEM NO. 4.2
AGENDA REPORT
Meeting Date: April 19, 2011 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Draft Administration Budget
SUMMARY:
The Administration department is responsible for the overall day-to-day management of the District
and also includes the Public Affairs division. Based on discussions at the Board Budget Workshop
held on March 25, 2011, as well as staff recommendations, the proposed Supplies and Services
component of the Administration department budget for FY 2011/12 currently shows an increase of
$50,600. This figure includes $60,000 in legislative advocacy within the Public Affairs division. Staff
recommends this item be included in the Board's Supplies and Services Budget.
ATTACHMENTS:
Blame: Description: Type:
Admin Only Supplies Svcs Draft 041111.pdf Draft Administration Budget FY 10-11 and 11-12 Backup Material
Budget Detail- Admin Supplies FY 11-12.pdf Draft Administration Supplies and Services Budget Backup Material
Budget Detail- _Admin_PR_Supplies _FY_11-12.pdf Draft Public Affairs Supplies and Services Budget Backup Material
FY 2010/11 Budget FY 2010/11 FY 2011/12 Budget
Forecast
Expenses (Operating)
Supplies & Services
Communications $ 211,650 $ 91,250 $ 209,650
Contractual Services $ 39,420 $ 34,000 $ 90,280
Dues & Memberships $ 24,780 $ 24,730 $ 24,720
Insurance $ 1,100 $ 700 $ 700
Materials $ 1,600 $ 1,100 $ 600
Office Expense $ 200 $ 500 $ 3,200
Professional Services $ 251,000 $ 162,000 $ 251,200
Training $ 400 $ - $ 400
Travel & Conferences $ 14,200 $ 6,500 $ 15,300
Vehicle Expenses $ 1,100 $ - $ -
Supplies & Services Sub-Total $ 545,450 $ 320,780 $ 596,050
Section Detail Expense Budget
Dept/Section: Admin (Admin) FY 2012
(2010)
1-2010-0580-00 $23,000 1-2010-0580-10 23,000 Prop. 218 letter 23,000
COMMUNICATIONS (E) Postage
1-2010-0600-00 $64,500 1-2010-0600-00 45,500 Temp help 500
CONTRACTUAL SERVICES (E) CONTRACTUAL SERVICES (E) Qualserve Peer Review Survey 45,000
1-2010-0600-10 19,000 LAFCO 19,000
LAFCO
1-2010-0640-00 $23,000 1-2010-0640-00 23,000 ACWA 18,100
DUES,MEMBERSHIPS,SUBSCRI DUES,MEMBERSHIPS,SUBSCRIPTI
PTIONS (E) ONS (E) Notary Assoc 400
Water Education Foundation 2,500
YL Chamber 600
League of CA Cities 200
Postage 200
Misc. 1,000
1-2010-0690-00 $700 1-2010-0690-00 700 Honesty Bond 700
INSURANCE (E) INSURANCE (E)
1-2010-0710-00 $500 1-2010-0710-00 500 Misc Materials 500
MATERIALS (E) MATERIALS (E)
1-2010-0760-00 $3,200 1-2010-0760-00 2,200 Office Supplies 2,200
OFFICE EXPENSE (E) OFFICE EXPENSE (E)
1-2010-0760-40 1,000 Coffee, Etc. 1,000
Breakroom Supplies
1-2010-0780-00 $251,200 1-2010-0780-05 250,000 Freeway Complex Fire Legal Services 100,000
PROFESSIONAL SERVICES (E) Legal Services
Annexation Legal Services 50,000
Routine Legal 100,000
1-2010-0780-15 1,200 Records Management 1,200
Records Management
1-2010-0810-00 $400 1-2010-0810-00 400 Laserfiche Conference 400
Training PROFESSIONAL DEVELOPMENT
(E)
1-2010-0830-00 $7,000 1-2010-0830-00 7,000 ACWA 3,000
TRAVEL & CONFERENCES (E) TRAVEL & CONFERENCES (E) Washington D.C. 2,500
Misc. 1,000
Mileage 500
Section Total $373,500
Section Detail Expense Budget
Dept/Section: Admin (Public FY 2012
Information) (2020)
ME!
1-2020-0580-00 $186,650 1-2020-0580-05 40,950 Bill Stuffer (1800 X 12 Months) 21,600
COMMUNICATIONS (E) Advertising Ads in YLStar/ PL News Times 3,400
Street Signs (3) 1,650
Automated Phone Call (Program Update X 2) 7,800
2010 Consumer Confidence Report 6,500
1-2020-0580-10 24,500 Postage 24,500
Postage
1-2020-0580-15 20,000 Special Events (Site Dedications/Recognitions) 20,000
District Special Events
1-2020-0580-35 45,000 YLWD Bottled Water 20,000
Promotional Items
Re-stock Promotional Items 25,000
1-2020-0580-40 14,500 Sponsorship- OCWD Water Festival (Breakfast & Boot 2,500
Sponsorships
Sponsorship- OC Water Summit x 2 2,000
Partnership - Fullerton Arboretum 10,000
1-2020-0580-45 20,500 PSA/Video Production 20,000
Video Productions
Digital Camera 500
1-2020-0580-50 17,600 Summer Newsletter 4,400
Water Conservation Materials
Fall Newsletter 4,400
Winter Newsletter 4,400
Spring Newsletter 4,400
1-2020-0580-55 3,600 Water Conservation Event 1,000
Water Conservation Programs
Enforcement Materials 2,600
1-2020-0600-00 $25,780 1-2020-0600-00 25,780 Conservation Rebate Frog. (Turf, Sprinklers, Appli 25,000
CONTRACTUAL SERVICES (E) CONTRACTUAL SERVICES (E) Muzak Contract 780
1-2020-0640-00 $1,720 1-2020-0640-00 1,720 Western Water 50
DUES,MEMBERSHIPS,SUBSCRI DUES,MEMBERSHIPS,SUBSCRIPTI
CAPIO Membership 350
PTIONS (E) ONS (E)
PRSA Membership 790
OC Register 530
1-2020-0710-00 $100 1-2020-0710-00 100 **Misc Materials 100
MATERIALS (E) MATERIALS (E)
1-2020-0780-00 $0 1-2020-0780-00 0 **Communication & Public Outreach 0
PROFESSIONAL SERVICES (E) PROFESSIONAL SERVICES (E)
1-2020-0830-00 $8,300 1-2020-0830-00 8,300 **CAC Field Trips 5,000
TRAVEL & CONFERENCES (E) TRAVEL & CONFERENCES (E) **Meeting Dues/Milage 3,300
Section Total $222,550
ITEM NO. 4.4
AGENDA REPORT
Meeting Date: April 19, 2011 Budgeted: No
To: Executive-Administrative-
Organizational Committee
Funding Source: Operating Funds
From: Ken Vecchiarelli, General
Manager
Presented By: Ken Vecchiarelli, General Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Board iPad Reimbursement Program
SUMMARY:
At the request of a Board member, staff has looked into the development of a reimbursement
program for the acquisition of Apple iPads or a similar device for the Board of Directors to receive
and review digital District Board agenda packets and other District documents, eliminating the need
to copy and mail paper agenda packets weekly.
Attached is a copy of a Orange County Water District (OCWD) staff agenda report and
reimbursement program presented to the OCWD's Adminstration/Finance Issues Committee copied
to their Board of Directors. The OCWD Board approved this program at their meeting on March 16,
2011.
ATTACHMENTS:
Name: _Des°:Cripstion: Type:
OCWD iPad Reimbursement Program.pdf OCWD Program March 2011 Backup Material
Backup materials for Committee items are available in the Committee packet.
Materials distributed at Committee meetings are attached hereto
AGENDA ITEM SUBMITTAL
Meeting Date: March 10, 2011 Budgeted: No
Budgeted Amount: N/A
To: Administration/Finance Issues Cte Cost Estimate: $7,020
Board of Directors Funding Source: N/A
Program/Line Item No.: N/A
From: Mike Markus General Counsel Approval: N/A
Engineers/Feasibility Report: NA
Staff Contact: B. Dosier CEQA Compliance: N/A
Subject: DIRECTOR IPAD REIMBURSEMENT PROGRAM
SUMMARY
At its February 18, 2011 meeting, the Information Technology Ad Hoc Committee directed
staff to develop a one-time reimbursement program for the acquisition of Apple iPads by
Directors, and return to the Administration and Finance Committee for further consideration.
The iPads would be used for receiving and reviewing digital District Board agendas packets
and other District documents, eliminating the need to copy and mail paper agenda packets
to Directors. Participation in the reimbursement program would be at the discretion of each
e
Director. Coninl
~e
RECOMMENDATION I
eiz 0 MM end g: Adopt Direc or iPad Reimbursement Program.
BACKGROUND/ANALYSIS
Providing a paper agenda packet for one person in Calendar Year 2010 involved the
duplication of about 9,500 pages incurring an estimated annual cost to the District of $560 to
produce and mail agenda packets for each recipient. This annual expenditure would be
offset for each Director using an iPad that could receive digital agenda packets and related
materials.
The proposed reimbursement program would cover the purchase cost for an iPad with 3G
and Wi-Fi capability and 16GB of memory of $684 (including tax), the cost of the
OGoodReader software (which would enable Directors to review and annotate agenda
packets with notes and highlighting) is $3.00 and the cost of the Dataviz Documents-to-Go
software (which enables Directors to review and modify Microsoft Office documents) is
$15.00.
No annual cost would be incurred with this iPad option if the Director chose to use only Wi-
Fi for accessing Board agenda packets via the Internet. iPads with Wi-Fi capability can only
access the Internet and download agenda packets from locations that are equipped with Wi-
Fi Internet.
Backup materials for Committee items are available in the Committee packet.
Materials distributed at Committee meetings are attached hereto
If a Director requires greater access than Wi-Fi, since this version of iPad supports 3G.
iPads with 3G capability would enable Directors to download agenda packets from any
location there is a 3G data signal from AT&T in addition to the capability of accessing the
Internet via Wi-Fi connections. The data plan for each iPad would be at the option and
expense of the Director and would cost either $14.99 per month for 250MB of data per
month, or $25 per month for 2GB of data per month, for a total of $180 and $300 each year
respectively. The average monthly data size of Board agenda packets in 2010 was
approximately 300MB.
The cost of the proposed reimbursement program to the District would be $702 per iPad and
related software (i.e., $684 for hardware including tax, $18 for software, for a total of $702).
Because digital agenda packets would negate the need for paper packets, the cost of each
iPad would be offset by an annual savings of $560 in paper, duplication and mailing costs.
Consequently, the estimated net first year cost would be $143 per iPad. In subsequent
years, the District would realize an estimated savings of $560 annually. Thus, each iPad
would pay for itself in about 15 months.
If the iPad is also used to access other District documents, such as financial and planning
documents, the iPad would pay for itself in a shorter period of time because of the
associated paper savings.
PRIOR RELEVANT BOARD ACTION(S)
N/A
Backup materials for Committee items are available in the Committee packet.
Materials distributed at Committee meetings are attached hereto
DIRECTOR IPAD REIMBURSEMENT PROGRAM
The OCWD Board of Directors relies on receiving paper Board agenda packets and
related materials in preparation for decision-making at District Board meetings.
Providing a paper agenda packet for one person in Calendar Year 2010 involved the
duplication of about 9,500 pages. In addition to the environmental issues associated
with this level of paper usage, the District incurred an annual paper cost of $560 to
produce agenda packets for each recipient. This $560 annual expenditure would be
eliminated for each Director using an iPad that received digital agenda packets and
related materials. Additionally, delivering digital Board agenda packets is the most
efficient method of delivering the packets to the Directors.
Program Principles
1. As part of their job function, Directors are encouraged to receive their Board
agenda packets electronically.
2. The District would make available a one-time reimbursement to Directors for
purchase, operation and maintenance of an Apple iPad.
3. The one-time reimbursement for the iPad and related software and services is $702
for iPad with 3G and Wi-Fi.
4. Under the provisions of the reimbursement, the District would not provide Directors
with a paper Board agenda and supporting documentation on a regular basis.
5. The reimbursement will be reviewed every three years for potential adjustment.
6. The reimbursement would be provided at the discretion of each director.
7. Since Board packets can be accessed using Wi-Fi Directors, at their option, would
subscribe to a 3G data plan at their expense.
Procedure
1. Directors shall submit to the Board President an "iPad Reimbursement Request" in
the form of Schedule "A" attached. A separate application will be required for each
term of office.
2. Once the application has been reviewed and accepted, the Director will either receive
a reimbursement payment on the "iPad Reimbursement Request" form.
Backup materials for Committee items are available in the Committee packet.
Materials distributed at Committee meetings are attached hereto
Revised Schedule "A"
iPAD REIMBURSEMENT REQUEST
To: OCWD Board President:
❑ 1 request iPad reimbursement as follows:
❑ iPad with 3G and Wi-Fi 702.00
Pad 16GB with 3G and Wi-Fi
Good reader Software
Dataviz Docs-to-Go Software
In submitting this application, I understand and accept the following conditions:
1. Any reimbursement received is deemed to cover all business expenses incurred by me for the
iPad, related services and supplies.
2. 1 will no longer receive Board agenda packets and related material on a regular basis.
3. 1 may elect to receive the 3G Data service at my expense.
2. 1 may terminate my participation in this program at any time by submitting written notice to the
Board President.
Director signature Date
Board President Signature Date
ITEM NO. 4.6
AGENDA REPORT
Meeting Date: April 19, 2011
Subject: Report on 2011 Legislative Bills
ATTACHMENTS:
Name: Dosciiption: Type:
MKB Legislative Bills Report.pdf Report Backup Material
RECEIVED
MCCORmicK, KIDMAN & BEHRENS. LLP MAR 2 5 2011
LAWYERS
~,1 BA LINDA WATER DISTRICT
650 TOWN CENTER DRIVE IIY
H. L. (MIKE) McC ORMICK°° SUITE 100 -
ARTHUR G. KIDMAN•
RUSSELL G. BEHRENS° COSTA MESA. CALIFORNIA 82626
SUZANNE M. TAGUE°t TELEPHONES (714) 755-3100
DAVID D. BOYER°
18001 755-3125
DANIEL J. PAYNE°
JOAN J. BENNETT FAX (714) 755-3110
EDDY R. BELTRAN www.mkbiawyers.com
JOHN P. GLOWACKI
LAURIE E. PARK
PATRICIA J. QUILIZAPA
JONATHAN D. SALMON
(OLIN A. WOOD March 23, 2011
•A PROFESSIONAL CORPORATION
tCERTIFIED SPECIALIST - PROBATE
ESTATE PLANNING 6 TRUST LAW
THE STATE BAR OF CALIFORNIA
BOARD OF LEGAL SPECIALIZATION MEMORANDUM
"OF COUNSEL
T AGENCY 0 WATER CLIENTS
FROM McCormick, Kidman Behrens, LLP
E e first Report on 2011 Legislative ills
Enclosed please find the first Legislative Report for the 2011 legislative session of the
California Legislature. The bills selected are those which we think should be of interest to one or
more of our water agency clients. The individual bill summaries are extracted from the bills
themselves and from information obtained from the Association of California Water Agencies or
from other sources.
The first four topics listed in the report are expected to be priority bills for the coming
session. Many of the bills already introduced this year arise from the City of Bell scandal which
erupted last year. Related to public official compensation issues from the Bell scandal, and also
related to ongoing state and local agency budgetary concerns, public employee pension reform
will be another hot topic this year. Rumors, but not yet introduced bills, indicate that the state
may make some attempt to siphon away special district reserves this year. And recent comments
by the Governor have raised the prospect that legislation may be introduced to facilitate
consolidation of special districts as a cost reduction measure.
We have organized the bills into subject categories, provided a subject Table of Contents
and provided a numerical order Index. We have access to bill text and other information if more
detail is needed or if there are questions on the summary provided.
McCORMICK, KIDMAN & BEHRENS, LLP
By:
,-"ARTHUR G. KIDMAN
FIRST L
TABLE OF CONTENTS
A. "CITY OF BELL" BILLS
B. PUBLIC EMPLOYEE PENSION REFORM
C. LAFCO - SPECIAL DISTRICT CONSOLIDATION
D. SPECIAL DISTRICT REVENUES AND RESERVES
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING
F. INFRASTRUCTURE FINANCING
G. WATER RESOURCES MANAGEMENT/WATER PROJECTS
BROWN ACT/PUBLIC RECORDS
1. LABOR, EMPLOYMENT AND BENEFITS
J. PUBLIC WORDS/CONTRACTS
K. WATER QUALITY/POLLUTION
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
M. SPECIFIC AGENCIES AND/OR PROJECTS
McCormick, Kidman & Behrens, LLP
Legislative Report March 23, 2011
FIRST LEGISLATIVE REPORT FOR 11
A. "CITY OF BELL" BILLS
A.1 AB 23 (Smyth) Local agency meetings: simultaneous meetings: prohibition.
Existing law requires each legislative body of a local agency to provide the time and place for
holding regular meetings and requires that all meetings of a legislative body be open and public
and all persons be permitted to attend unless a closed session is authorized. This bill would
prohibit the members of a legislative body, during a meeting of that legislative body, from
convening simultaneous or serial order meetings of any other legislative body for which the
members of the convened legislative body constitute at least a quorum, except as provided in
statute.
ACWA Position: Oppose Unless Amended Status: Asm. Loc. Gov.
A.2 AB 162 (Smyth) Local government: financial reports.
Existing federal law, the Single Audit Act of 1984, requires any nonfederal entity, defined as
states, local governments, or nonprofit organizations, that accepts $300,000 or more in federal
money to prepare an annual audit that meets certain specifications and transmit that audit to
specified federal agencies. Existing law requires the State Controller to receive every audit
report prepared by any local public agency pursuant to the federal Single Audit Act of 1984, and
that the Controller review those reports for compliance with federal law before forwarding them
to the designated state agency.
This bill would additionally require that, if an audit of a local agency reveals certain financial
irregularities, the findings be sent separately to the Controller immediately after the audit has
been concluded. This bill would also require the Controller to prepare and transmit a report on
those findings, and the Controller's recommendations, to the Assembly Committee on Local
Government and the Senate Committee on Local Government (recently renamed the Senate
Committee on Finance and Governance).
ACWA Position: Watch Status: Asm. Loc. Gov.
A.3 AB 182 (Davis) Political Reform Act of 1974: statements of economic interests.
The Political Reform Act of 1974 regulates conflicts of interests of public officials and requires
that public officials file periodic statements of economic interests disclosing information
regarding income, investments, and other financial data. Under the act, specified local
government agencies are permitted to participate in a pilot program whereby certain officials of
those agencies may file their statements of economic interests electronically. Existing law
provides that the pilot program shall be completed by January 1, 2012, and the provisions of law
2
McCormick, Kidman & Behrens, LLP
Legislative Report March 23, 2011
authorizing the electronic filing of statements of economic interests will be repealed on March 1,
2012. This bill would permit the pilot program to continue until December 31, 2012.
ACWA Position: Watch Status: Asm. Elec. and Redistr.
A.4 AB 229 (Zara) The Controller: Audits.
Existing law requires the State to Controller to receive every audit report prepared by any local
agency to comply with the federal Single Audit Act of 1984. This bill would require the audit
reports to be submitted to the Controller within nine months of the period audited or in
accordance with applicable federal law. This bill would authorize the Controller to appoint a
qualified certified public accountant to complete an audit report if it is not submitted by the local
agency within the required timeframe, with associated costs to be borne by the local agency, as
specified.
This bill would also require the audit to comply fully with the Government Auditing Standards
issued by the Comptroller General of the United States. This bill would require the audits to be
made by a certified public accountant that is licensed by the California Board of Accountancy
and selected by a local agency from a directory of accountants to be published by the Controller
by December 31 of each year. The Controller would be required to use specified criteria to
determine those certified public accountants that are to be included in the directory.
This bill would require the Controller to develop a plan to review and report the financial and
compliance audits of local agencies. This bill would require the Controller, in consultation with
specified entities, to propose and adopt the content of an audit guide. This bill would also
require the Controller to report to the Legislature by January 31 of each year the results of the
Controller's oversight activity. This reporting requirement would be repealed on December 31,
2015.
ACWA Position: Watch Status: Asm. Bus., Prof. and Cons. Prot.
A.5 AB 582 (Pan) Open meetings: local agencies.
The Ralph M. Brown Act authorizes a legislative body of a local agency to hold closed sessions
with the agency's designated representatives regarding the salary and compensation of
represented and unrepresented employees. This bill would require that proposed compensation
increases for unrepresented employees be publicly noticed twice, first for noticing the public and
discussion and the second time for a vote, no less than 12 days after the first notice.
ACWA Position: Oppose Unless Amended Status: Asm. Loc. Gov.
A.6 A 785 (Mendoza) Public officers: contracts: financial interest.
Existing law prohibits Members of the Legislature, and state, county, district, judicial district,
and city officers or employees from being financially interested in a contract, as specified, made
by them in their official capacity or by any body or board of which they are members, subject to
specified exceptions.
3
McCormick, Kidman & Behrens, LLB'
Legislative Report March 23, 2011
According to this bill, a financial interest would exist if that officer's spouse, or child, parent, or
sibling, or the spouse of the child, parent, or sibling, has a financial interest in any contract made
by that public officer in his or her official capacity, or by any body, board, or commission of
which that public officer is a member.
ACWA Position: Watch Status: Asm. Elec. and Redistr.
A.7 AB 1287 (Buchanan) Local Government: Audits.
Existing law requires school districts to comply with General Accounting Office (GAO)
standards for financial and compliance audits, as specified, and prohibits an independent auditor
from engaging in financial compliance audits unless, within three years of commencing the first
of the audits, and every three years thereafter, the auditor completes a quality control review in
accordance with GAO standards.
This bill would require local agencies, defined to include cities, counties, a city and county,
special districts, authorities, or public agencies, to comply with GAO standards for financial and
compliance audits and would prohibit an independent auditor from engaging in financial
compliance audits unless, within three years of commencing the first of the audits, and every
three years thereafter, the auditor completes a quality control review in accordance with GAO
standards.
ACWA Position: Watch Status: Loc. Gov.
A.8 5B 46 (Correa) Local government: compensation disclosure.
Existing law provides for the compensation of local government officers and employees, as
specified.
This bill would, until January 1, 2019, require each public official required to file a statement of
economic interest pursuant to the Political Reform Act of 1974, to annually file a compensation
disclosure form that provides compensation information for the preceding calendar year, as
specified. The bill would specify that compensation disclosure forms are open to public
inspection, as specified.
This bill would, until January 1, 2019, require each public agency, as defined, to post on that
public agency's Internet Web site the information contained on the compensation disclosure
form filed by a public official, and the written policy for the reimbursement of actual and
necessary expenses.
This bill would require the state Controller, on or before October 1, 2011, to adopt regulations
for the implementation of these requirements, including the format of the compensation
disclosure form. This bill would also require the Controller, on or before July 1, 2012, to
recommend to the Governor and the Legislature methods for compiling the information
contained on public officials' compensation disclosure forms in one or more publicly accessible
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databases, including specific proposals for establishment, operation, oversight, and funding, as
specified.
This bill would also authorize a district attorney or any interested person to commence an action
by mandamus to enforce the provision of the bill, as specified. The duties imposed on local
agencies by the bill would create a state-mandated local program.
This bill would declare that it is to take effect immediately as an urgency statute.
ACWA Position: Watch Status: Sen. Gov. and Fin.
B. PENSION REFORM
B.l AB 344 (Furutani) Public Employees' retirement.
The Public Employees' Retirement Law (PERL) requires contributions to the retirement fund
based on compensation earnable by a member, which includes the member's payrate and special
compensation, as specified. "Payrate" is defined as the normal monthly rate of pay or base pay
of the member paid in cash to similarly situated members of the same group or class of
employment, as specified. For a member who is not in a group or class, "payrate" means the
monthly rate of pay or base pay of the member, as specified.
PERL limits increases in compensation earnable granted to an employee who is not in a group or
class, except as may otherwise be determined pursuant to regulations adopted by the Board of
Administration of the Public Employees' Retirement System that establish reasonable standards
for granting exceptions.
This bill would delete the authorization for the board to adopt regulations to permit those
exceptions to the average increase limitation for increases in compensation earnable granted to
an employee who is not in a group or class.
PERL establishes the circumstances in which a retired person may serve without loss or
interruption of retirement benefits, including, among others, an appointment of limited duration
that does not exceed 960 hours in any fiscal year. This bill would delete the option for a person
to serve without reinstatement under an appointment that exceeds 960 hours in any fiscal year.
ACWA Position: Watch Status: Asm. Pub. Employees, Ret. and SS
B.2 AB 738 (Ragman) Public employees' retirement: elected officials.
Existing law authorizes the creation of retirement systems for public employees by counties,
cities, and districts. Existing law prohibits Members of the Legislature elected on or after
November 1, 1990, from accruing any retirement or pension benefit, provided that other elective
officers provided for by the California Constitution may elect to become members of
Legislators' Retirement System.
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This bill would prohibit a person who is publicly elected to an office of any kind, on and after
January 1, 2012, from becoming a member of a retirement system by virtue of that service or
acquiring any retirement right or benefit for serving in that elective office. This bill would also
apply these prohibitions to a person who is appointed to fill the term of a person so elected. This
bill would except from this prohibition a person who obtained membership by virtue of holding
an elective public office prior to January 1, 2012, and remains in that office or is reelected to it.
ACWA Position: Watch Status: Asm. Pub. Employees, Ret. and SS
B.3 SB 27 (Simitian) Public retirement: final compensation: computation: retirees.
The Public Employees' Retirement Law (PERL) establishes the Public Employees' Retirement
System, which is administered by its Board of Administration, and which provides a defined
benefit to its members based on age at retirement, service credit, and final compensation. PERL
defines compensation earnable and other related terms for purposes of calculating a member's
retirement allowance.
PERL requires employers and contracting agencies participating in the system to provide notice
to the board of the change of status of a member.
This bill would require a participating employer and contracting agencies to immediately notify
the board of a change that may affect a member's payrate for purposes of compensation earnable
and would authorize the board to assess a reasonable fee upon an employer that fails to do so.
This bill would authorize the board to assess a reasonable amount to cover the cost of audit,
adjustment, or correction, if it determines that an employer knowingly failed to comply with
requirements regarding the reporting of compensation. This bill would specify that payrate
means, among other things, the members' monthly base pay, would connect payrate to publicly
available pay schedules, and would establish requirements for computation of the payrate of a
member for a leave without pay. This bill would prescribe a process for determining if specific
compensation items are special compensation. This bill would prohibit a person who retires on
or after January 1, 2013, from being employed in any capacity by the state, the University of
California, a school employer, or a contracting agency until that person has been separated from
service for a period of at least 180 days, subject to existing exceptions.
This bill would provide that its provisions would become operative on July 1, 2012, except as
specified.
ACWA Position: No Position Status: Sen. Appr.
BA SB 322 (Negrete Mcloud) Public employees' Retirement Law.
This bill would prohibit a member who receives benefits based on credited service with multiple
employers from exceeding the limitations set forth in those provisions with regard to his or her
annual retirement benefits.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
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B.5 SB 522 (Walters) Public employees' retirement: additional service credit.
Existing law authorizes certain members of the Public Employees' Retirement System, the State
Teachers' Retirement System, and county, city, and district retirement systems that have adopted
specified provisions, to make additional contributions to the retirement system and receive up to
5 years of additional retirement service credit for time that does not qualify for public service, as
specified.
This bill would repeal the provisions that authorize these additional contributions and service
credit, and would make related technical changes.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
B.6 SB 523 (Walters) Public employees' retirement: elected local officials.
Existing law creates the Public Employees' Retirement System and the State Teachers'
Retirement System, which provide a defined benefit to their members based on age at retirement,
service credit, and final compensation. Existing law establishes the criteria for membership in
the various public employee retirement systems and may exclude certain employment
classifications from membership.
This bill would prohibit a person who is publicly elected to a local office of any kind, on and
after January 1, 2012, from becoming a member of a retirement system by virtue of that service
or from acquiring any retirement right or benefit for serving in that elective local office. This bill
would also apply these prohibitions to a person who is appointed to fill the term of a person so
elected, but would not apply them to a person who obtained membership by virtue of holding an
elective local office prior to January 1, 2012, for so long as he or she holds that office or is
reelected to that office.
ACWA Position: No Position Status: Pub. Employ. and Ret.
B.7 SB 524 (Waiters) Public employees' retirement: retroactive benefits.
The Public Employees' Retirement Law creates the Public Employees' Retirement System,
which provides a defined benefit to its members based on age at retirement, service credit, and
final compensation. The State Teachers' Retirement Law, the Judges' Retirement System II
Law, and the County Employees Retirement Law of 1937 also provide for a defined benefit
based on age at retirement, service credit, and final compensation.
This bill would require that any adjustment to the formula used to calculate the retirement
benefits of a member of a public retirement system that would yield an increase in the member's
retirement benefits apply only to service performed after the operative date of the adjustment,
and would prohibit the retroactive application of that adjustment, except as provided.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
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C. LAFC - SPECIAL DISTRICT CONSOLIDATION
ACWA advises that legislation will be introduced in the session to facilitate consolidation
of districts.
D. SPECIAL DISTRICT REVENUES
ACWA advises that legislation will be introduced in the session to raid district revenues
and/or reserves to help solve state budget issues.
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING
EA AE 19 (Fong) Building standards: water meters: multiunit structures.
Existing law requires every water purveyor to require the installation of a water meter to measure
water service as a condition of new water service. Existing law 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 a water purveyor that provides water service to a multiunit residential
structure or mixed-use residential and commercial structure that is part of a common interest
development that submits an application for a water connection after January 1, 2014, to require
the installation of a water meter, as defined, to measure water supplied to each individual
dwelling unit as a condition of new water service.
This bill would also require a water purveyor that provides water service to a multiunit
residential structure or mixed-use residential and commercial structure that is not part of a
common interest development that submits an application for a water connection after January 1,
2014 to 1) either adopt a general policy to require the installation of either a water meter or a
submeter, to measure water supplied to each individual dwelling unit, or 2) inform, on an
individual basis, an applicant for new water service as to whether a water meter or submeter is
required to be installed for each individual dwelling unit. This bill would also require the owner
of the structure to ensure that a water submeter installed for these purposes complies with laws
and regulations governing installation, approval of meter type, maintenance, reading, billing, and
testing of water submeters.
ACWA Position: Watch Status: Assn. Wat., Parks and Wild.
E.2 AB 849 (Gatto) Water: use efficiency.
Existing law provides that resource conservation is of fundamental importance to the prosperity
and welfare of the people of this state and that the Legislature believes that the state must assume
leadership in formulating and putting into effect a statewide program of water conservation.
This bill would state the intent of the Legislature to enact legislation to encourage the installation
and implementation of residential and commercial water use efficiency measures, including, but
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not limited to, graywater and storm retention systems, to reduce or eliminate regulatory barriers
for water use and efficiency, and if feasible, to provide incentives to increase investment in and
use of graywater systems.
ACWA Position: Watch Status: Printer
F. INFRASTRUCTURE FINANCING
F.1 AB 157 (Jeffries) Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
Existing law creates the Safe, Clean, and Reliable Drinking Water Supply Act of 2012, which, if
approved by the voters at the November 6, 2012, statewide election, would authorize the
issuance of bonds in the amount of $11,140,000,000 pursuant to the State General Obligation
Bond Law to finance a safe drinking water and water supply reliability program.
This bill would reduce by 25% the total amount of bonds authorized to be issued, and would
make conforming reductions to amounts specified to be allocated from these bond funds for
certain purposes. The 25% cut is across-the-board, impacting each of the specific funding
categories.
ACWA Position: Oppose Status: Asm Wat., Parks and Wild.
F.2 AB 467 (Eng) Environment: Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection
Bond Act of 2006.
The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006 (Proposition 84) makes approximately $5.4 billion in bond funds
available for safe drinking water, water quality and supply, flood control, natural resource
protection, and park improvements. The act makes $60,000,000 available to the State
Department of Public Health for the purpose of loans and grants for projects to prevent or reduce
contamination of groundwater that serves as a source of drinking water and requires the
department to require repayment for costs that are subsequently recovered from parties
responsible for the contamination.
Existing law requires the State Department of Public Health (DPH), in collaboration with the
Department of Toxic Substances Control (DTSC) and the State Water Resources Control Board
(SWRCB), to develop and adopt regulations governing the repayment of costs that are
subsequently recovered from parties responsible for the contamination of groundwater.
This bill would instead require DPH, in collaboration with those agencies, to develop guidelines
governing this repayment that would allow grantees to retain repayments to fund ongoing or
additional groundwater cleanup activities.
ACWA Position: Favor Status: Asm. Env. Safety and TM.
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F.3 AB 550 (Huber) Sacramento-San Joaquin Delta: Peripheral Canal.
Existing law requires various state agencies to administer programs relating to water supply,
water quality, and flood management in the Sacramento-San Joaquin Delta. This bill would
prohibit the construction of a peripheral canal, as defined, that conveys water from a diversion
point in the Sacramento River to a location south of the Sacramento-San Joaquin Delta, unless
expressly authorized by the Legislature.
This bill would further require the Legislative Analyst's Office (LAO) to complete an economic
feasibility analysis prior to the enactment of a statute authorizing the construction of a peripheral
canal. This bill would prohibit the construction and operation of a peripheral canal from
diminishing or negatively affecting the water supplies, water rights, or quality of water for water
users within the Sacramento-San Joaquin Delta watershed, or imposing any new burdens on
infrastructure within, or financial burdens on persons residing in, the Delta or the Delta
watershed.
ACWA Position: Oppose Status: Printer
FA AB 685 (Eng) State Water Policy.
Existing law establishes various state water policies, including the policy that the use of water for
domestic purposes is the highest use of water. This bill would declare that it is the established
policy of the state that every human being has the right to clean, affordable, and accessible water
for human consumption, cooking, and sanitary purposes, that is adequate for the health and well-
being of the individual and family. This bill would require all relevant state agencies, including
DWR, SWRCB, and DPH, to employ all reasonable means to implement this state policy. These
state agencies would be required to revise, adopt, or establish policies, regulations, and grant
criteria to further this state policy, to the extent that those actions do not affect eligibility for
federal funds.
ACWA Position: Oppose Status: Asm. Wat., Parks and Wild.
F.5 SB 200 (Wolk) State Water Facilities: Sacramento-San Joaquin Delta: Delta
Conveyance Facility.
Existing law provides for the design, construction, operation, and maintenance of water
development facilities by the state, including the state water project (SWP). SWP facilities
include, among others, the facilities that are specified or authorized as part of the state Central
Valley Project (CVP). Existing law prohibits the DWR, in the construction and operation of the
SWP facilities, from depriving a watershed or area in which water originates, of the prior right to
the water required to supply the beneficial needs of that area, as specified.
Under existing law, the Department of Fish and Game (DFG) and DWR are responsible for
specified reports pertaining to water development projects and the Sacramento-San Joaquin
Delta.
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This bill would prohibit the construction of a new Delta conveyance facility, unless specified
conditions are met, including (A) the adoption of an agreement by the DWR and the DFG that
specifies the stages of construction of the new Delta conveyance facility and (B) the
establishment of plans and agreements for the construction of specified water facilities and
implementation of specified water programs meeting prescribed conditions as part of the state
CVP. The bill would prohibit the transportation of water for the federal CVP (operated by the
United States Bureau of Reclamation) through state project facilities, with specified exceptions,
unless certain conditions are met.
The bill would require the DWR to enter into contracts with specified Delta agencies for
purposes of recognizing the right of users to make use of the waters of the Delta and establishing
criteria for minimum water quality in the Delta. The bill would require differences between the
state and the Delta agencies to be resolved by arbitration if contracts have not been executed by
January 1, 2012. This bill would require the SWP to be operated in compliance with specified
water quality standards, and would require the department, the Attorney General, and other state
agencies to take actions to ensure that the federal CVP is operated in compliance with those
standards.
This bill would require DWR to make an allocation of specified costs of the project to
compensate for historic upstream depletion and diversions, and would prohibit specified public
agencies from being responsible for those allocated costs. This bill would require the costs of
benefits in the Delta resulting from project operations, in excess of detriments caused by the
project, to be repaid by beneficiaries, to the extent those costs are allocable.
This bill would authorize DFG to administer a study to determine the interrelationship between
Delta outflow and fish and wildlife resources and waste discharges into the San Francisco Bay
system. The bill would also require DWR to study the possible interconnection between the
State Water Resources Development System and water supply systems serving the Counties of
Alameda, Contra Costa, San Joaquin, and San Mateo, and the City and County of San Francisco.
The bill would also authorize DWR to participate in an investigation of the need to enlarge
Shasta Dam and Reservoir or other existing federal reservoirs.
ACWA Position: Not Favor Unless Amended Status: Sen. Nat. Res. and Wat.
G. WATER RESOURCES MANAGEMENT/WATER PROJECTS
G.1 AB 134 (Dickinson) Appropriation of water: Sacramento Regional County
Sanitation District.
Under existing law, the SWRCB administers a water rights program pursuant to which it grants
permits and licenses to appropriate water. Existing law requires the owner of a wastewater
treatment plant to obtain the approval of the SWRCB prior to making any changes in the point of
discharge, place of use, or purpose of use of treated wastewater, and requires the state board to
review the proposed changes in accordance with prescribed procedures.
This bill would authorize the Sacramento Regional County Sanitation District (SRCSD) to file
an application for a permit to appropriate a specified amount of water that is based on the volume
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of treated wastewater that the district discharges into the Sacramento River and recovers for
reuse. This bill would also require the SWRCB to grant a permit to appropriate that treated
wastewater upon terms and conditions determined by it. This bill would exempt from the above-
described approval and review requirements, the appropriation of water, and any change in the
point of discharge, place of use, or purpose of use of treated wastewater, in accordance with a
permit granted pursuant to the bill's provisions.
ACWA Position: Oppose Status: Asm. Wat. Parks and Wild.
H. BROWN ACT/PUBLIC RECORDS/ETHICS
II.1 AB 71(Huber) Political Reform Act of 1974: lobbyists.
Existing law requires the Secretary of State to establish and maintain on the Internet an updated
Directory of Lobbyists, Lobbying Firms, and Lobbyist Employers. Lobbyist employers and
persons making certain payments to influence legislative or administrative actions must file
periodic reports disclosing their lobbying interests.
This bill would require that the online directory maintained by the Secretary of State also contain
information regarding lobbying interests. This bill would require that the periodic reports filed
by lobbyist employers and other persons contain, in addition to their lobbying interests, the bill
numbers of any legislation lobbied for or against during the reporting period.
This bill would also require the Secretary of State to display on his or her Internet Web site,
within 90 days of the end of each calendar quarter, a list of the lobbying interests containing a
specific reference to a bill number, accompanied by a list of all lobbyist employers who reported
each of those lobbying interests, reported for the prior calendar quarter.
ACWA Position: Watch Status: Asm. Appr.
II.2 AB 148 (Smyth) Local government: ethics training: disclosure.
Existing law, for purposes of ethics training for officers and employees of a local government,
defines the term ethics laws to include, among others, laws relating to government transparency.
Existing law requires local agency officials to receive ethics training, if the local agency provides
any type of compensation, salary, or stipend to a member of a legislative body, or provides
reimbursement for actual and necessary expenses incurred by a member of a legislative body in
the performance of official duties.
Existing law authorizes a local agency to pay compensation to members of a legislative body for
attendance at specified occurrences. Existing law authorizes a local agency to pay compensation
for attendance at other occurrences if the governing body has adopted, in a public meeting, a
written policy specifying other types of occasions that constitute the performance of official
duties.
Existing law authorizes a local agency to reimburse members of a legislative body for actual and
necessary expenses incurred in the performance of official duties, if the governing body has
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adopted a written policy, in a public meeting, specifying the types of occurrences that qualify a
member of the legislative body to receive reimbursement of specified actual and necessary
expenses.
This bill would expand the definition of the term "ethics laws" to include compensation setting
guidelines as established by specified organizations or the local agency. This bill would require
the local agency to post the ethics training record on the local agency's Internet Web site, if any,
and to submit a copy of the record to the Controller within 15 days of receiving the record.
This bill would require a local agency that has adopted a written attendance compensation policy
or written reimbursement policy to post the policy on the local agency's Internet Web site, if any,
and to submit a copy of the policy to the Controller. This bill would, if a local agency does not
comply with these requirements, require the State Controller to withhold any funds to which the
local agency is otherwise entitled, as specified.
ACWA Position: Watch Status: Asm. Loc. Gov.
.3 AB 392 (Alejo) Ralph M. Brown Act: posting agendas.
The Ralph M. Brown Act requires the meetings of the legislative body of a local agency to be
conducted openly and publicly, with specified exceptions. Existing law requires that the
legislative body of a local agency post an agenda, as specified, at least 72 hours before a regular
meeting of that body, and prohibits the legislative body from acting on or discussing any item
not appearing on the agenda, except as provided.
This bill would additionally require the legislative body of the local agency, at least 72 hours
before a regular meeting of that body, to post the writings that relate to an agenda item for the
open session of that regular meeting. This bill would require the legislative body to post the
agenda and the writings on its Internet Web site, if any, as specified. This bill would repeal the
procedure for the disclosure of any writings that are distributed less than 72 hours prior to the
meeting and would instead prohibit the legislative body from acting on or discussing an item on
the agenda for which a related writing was not properly disclosed at least 72 hours prior to the
meeting, except as provided.
ACWA Position: Oppose Status: Asm. Loc. Gov.
HA SB 31 (Correa) Local government: lobbyist registration.
The Political Reform Act of 1974 provides for the comprehensive regulation of lobbyists.
Government Code §82039 limits the definition of a lobbyist to those persons who communicate
with state officials.
This bill states the Legislature's intent to enact legislation that will require each local
government to create a lobbyist registration program as a condition of the local government
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being eligible to apply for any discretionary grant from any state agency or department.
ACWA Position: Watch Status: Sen. Rls.
H.5 SCA 7 (Yee) Public bodies: meetings.
The California Constitution requires meetings of public bodies to be open to public scrutiny.
This measure would also include in the California Constitution the requirement that each public
body provide public notice of its meetings and disclose any action taken.
ACWA Position: Watch Status: Sen. Jud.
1. LABOR, EMPLOYMENT AND BENEFITS
1.1 AB 22 (Mendoza) Employment: credit reports.
Existing law permits an employer to obtain a person's credit report if the employer discloses to
the person that a credit report may be obtained by the employer and the person has authorized the
procurement of the credit report.
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
substantially job-related, meaning that the position of the person for whom the report is sought
has access to money, other assets, or confidential information, and the position of the person for
whom the report is sought is a position in the state Department of Justice, a managerial position,
that of a sworn peace officer or other law enforcement position, or a position for which the
information contained in the report is required to be disclosed by law or to be obtained by the
employer.
ACWA Position: Not Favor Unless Amended Status: Asm. Lab. and Employ.
J. PUBLIC WORKS/CONTRACTS
J.l AB 356 (Hill) Public works projects: local hiring policies.
Existing law authorizes state agencies to enter into public works projects, as defined, and
imposes various requirements with respect to the contracting and bidding process. This bill
would exempt any public works project that is funded, in whole or in part, with state funds from
a policy imposed by a local agency that mandates that any portion or percentage of project work
hours be performed by local residents. This bill would also prohibit any local agency, as
defined, from mandating that any portion or percentage of work on a public works project be
performed by local residents if any portion of that public works project will take place outside
the geographical boundaries of the local agency.
ACWA Position: Watch Status: Asm. Bus., Prof. and Cons. Prot.
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J.2 AB 457 (Wagner) Public works contracts: relief for bidders
Existing law sets forth the procedures governing the bidding, awarding, and payment of public
works contracts by public entities, and the relief due bidders and contractors under those
contracts. This bill would entitle a bidder who successfully challenges the award of a contract
determined to be invalid due to errors or omissions of the public entity to recover costs and
attorney's fees incurred in pursuing the challenge.
ACWA Position: Oppose Status: Asm. Bus., Prof. and Cons. Prot.
K. WATER QUALITY/POLLUTION
K.1 AB 54 (Solorio) Drinking water.
The California Safe Drinking Water Act requires DPH to regulate drinking water to protect
public health. This bill would allow DPH to issue a "letter of no prejudice" to a public water
system that is a lead applicant for a project that may be funded by the Safe Drinking Water
Revolving Fund.
Under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, each county
local agency formation commission (LAFCO) is required to develop a sphere of influence for
each local governmental agency within the county. In order to update spheres of influence, each
LAFCO is required to conduct periodic municipal service reviews (MSR).
This bill would authorize a LAFCO to review and approve the consolidation of territory within
the jurisdiction of a mutual water company into the jurisdiction of a city as a special district that
operates a public water system, with the consent of the respective city and mutual water
company. This bill would also authorize a LAFCO to include in a MSR, a review of whether the
available drinking water sources within the area of review comply with safe drinking water
standards.
ACWA Position: Watch Status: Asm. Loc. Gov.
K.2 AB 246 (Wieckowski) Water Quality: Enforcement.
The Porter-Cologne Water Quality Act authorizes each California regional water quality control
board to delegate certain powers to its executive officer. Currently, that authorization excludes
the delegation to its executive officer of the power of application to the Attorney General for
judicial enforcement. The act further requires every civil action brought under its provisions to
be brought by the Attorney General in the name of the people, upon request of the SWRCB or a
regional board, authorizes those actions to be joined or consolidated, and provides in prescribed
circumstances for petition to a court for relief.
This bill would specifically authorize a regional board, commencing January 1, 2012, to delegate
to its executive officer the authority to apply for judicial enforcement to the Attorney General, a
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district attorney, a city attorney of a city with a population that exceeds 750,000, or a city
attorney for a city and county.
ACWA Position: Not Favor Status: Asm. Jud.
.3 AB 403 (Campos) Public Drinking Water Standards: exavalent Chromium.
The Safe Drinking Water Act of 1996 requires the DPH to, among other things, adopt
regulations relating to primary and secondary drinking water standards for contaminants in
drinking water. Existing law requires DPH to establish a primary drinking water standard for
hexavalent chromium on or before January 1, 2004. Violation of certain provisions relating to
public water systems is a crime.
This bill would require DPH to establish a primary drinking water standard for hexavalent
chromium on or before January 1, 2013, and would, if a standard is not adopted by that date,
make the public health goal set by the Office of Environmental Health Hazard Assessment
(OEHHA) as of January 1, 2011, the applicable standard.
ACWA Position: Oppose Status: Asm. Env. Safety and TM
K.4 AB 741 (Huffman) Onsite Wastewater Disposal.
Existing law prohibits the discharge of sewage or other waste, or the effluent of treated sewage
or other waste, in any manner that will result in contamination, pollution, or a nuisance. Under
existing law, when the State Department of Public Health (DPH) or any local health officer finds
that a contamination exists, the DPH or the officer is required to order the contamination abated,
as provided.
Under existing law, an owner or reputed owner of property included within an assessment
district for construction of a main trunkline or collector sewer lines may request the governing
board to construct all necessary plumbing to connect his or her property to the adjoining public
sewer system, the cost of which constitutes a lien on the property.
This bill would authorize defined entities to use this provision for the purpose of converting
properties from onsite septic systems and connecting them to the sewer system and for replacing
existing sewer laterals connecting pipes to a sewer system.
ACWA Position: Favor Status: Asm. Loc. Gov.
K.5 AB 938 (V Manuel Perez) Public Water Systems
Existing law establishes the Safe Drinking Water State Revolving Fund that is continuously
appropriated to DPH for the provision of grants and revolving fund loans to provide for the
design and construction of projects for public water systems that will enable suppliers to meet
safe drinking water standards. Under existing law, the funding for grants for planning,
engineering studies, environmental documentation, and design of a single project is set at a
maximum of $500,000. Existing law requires total funding for planning, engineering studies,
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project design, and construction costs of a single project, whether in the form of a grant, a loan,
or both, to be determined by an assessment of affordability using criteria established by the
department. This bill would add environmental documentation to the costs of a single project
that the department is required to determine by an assessment of affordability
Existing law requires that various notices be made by a public water system and others regarding
compliance with safe drinking water requirements. This bill would require, commencing July 1,
2012, that written public notice given by a public water system pursuant to these provisions be in
English, Spanish, and in the language spoken by prescribed numbers of residents of the
community served, and that the notice contain prescribed public water system contact
information. This bill would also require nonwritten notice be provided to persons served in the
appropriate language or languages in a manner approved by the department in the public water
system's emergency notification plan.
ACWA Position: Oppose Unless Amended Status: Asm. Env. Safety and TM
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
L.1 AB 83 (Jeffries) Environment: CEQA exemption: recycled water pipeline.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, certain environmental information before approving a project,
as defined. CEQA exempts specified pipeline projects from these requirements.
This bill would additionally exempt a project for the installation of a new pipeline for the
distribution of recycled water within an improved public street, highway, or right-of-way. This
bill would also exempt a project for the replacement of an existing pipeline for the distribution of
water within an improved public street, highway, or right-of-way.
ACWA Position: Favor Status: Asm. Nat. Res.
L.2 AB 320 (Hill) Environmental quality: California Environmental Quality Act
(CEQA): determination: dispute.
The California Environmental Quality Act (CEQA) allows a public agency, upon approval of a
project, to file a notice of determination/notice of exemption containing specified information
with the Office of Planning Research or the county clerk of each county in which the project is
located, as appropriate. CEQA provides a procedure by which a party may attack, review, set
aside, void, or annul the determination, finding, or decision of a public agency on specified
grounds and requires that a petitioner or plaintiff name, as a real party in interest, a recipient of
an approval that is the subject of an action or proceeding challenging the determination, finding,
or decision of a public agency pursuant to CEQA.
This bill would require the public agency to list all recipients of approval in its notice of
determination or notice of exemption. This bill would also require that a petition or complaint be
subject to dismissal if a petitioner or plaintiff fails to serve any recipient of an approval within
the statute of limitations period.
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Legislative Deport March 23, 2011
ACWA Position: Watch Status: Asm. Jud.
I,.3 AB 963 (Valadao) Environmental Quality: California Environmental Quality
Act: exemption: substitution for contaminated ground
water.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared, and certify the completion of, an environmental impact report
(EIR) or a negative declaration/mitigated negative declaration on certain projects, as defined.
This bill would exempt a project from these requirements if it is undertaken to allow for the
substitution of a source of surface water for a source of groundwater deemed to be contaminated
if the source of contaminated groundwater is serving an economically disadvantaged community
of less than 3,000 residents.
ACWA Position: Watch Status: Asm. Nat. Res.
M. SPECIFIC AGENCIES AND/®R PROJECTS
.1 AB 954 (Calderon) Water Replenishment Districts.
The Water Replenishment District Act provides for the formation of water replenishment
districts. The act grants authority to a water replenishment district relating to the replenishment,
protection, and preservation of groundwater supplies within that district. The act requires the
board of directors of a water replenishment district to prepare an annual engineering survey and
report that includes information relating to the groundwater supplies within the district. The act
requires the board to make certain determinations in connection with a decision to impose a
water replenishment assessment to purchase replenishment water or to remove contaminants
from the groundwater supplies of the district. The act requires the water replenishment
assessment to be fixed at a uniform rate per acre-foot of groundwater produced within the
district.
This bill, instead, would require information in that engineering survey and report, and those
related determinations, to pertain to the groundwater in each basin within the district. The board
of directors of a water replenishment district, upon determining to impose a water replenishment
assessment on the production of groundwater from each groundwater basin, would be required,
except as otherwise provided, to impose the assessment in an amount that is calculated to pay for
costs that include the actual costs of replenishing the groundwater basin, removing contaminants
from the groundwater basin, and the administrative costs of the district. The charge would be
required to be fixed at a uniform rate.
ACWA Position: Not Favor Status: Asm. Loc. Gov.
M.2 SB 34 (Simitian) Water infrastructure projects: fees.
Under existing law, various water infrastructure projects are undertaken by federal, state, and
local public agencies in the Sacramento-San Joaquin Delta and in other parts of the state. This
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Legislative Report March 23, 2011
bill would declare the intent of the Legislature to enact legislation to develop a fee-based system
to pay for costs associated with updating and modernizing water infrastructure projects in the
state. This bill would express legislative intent with respect to the imposition of the fees and use
of the fee revenues.
ACWA Position: Oppose Status: Sen. Rls.
M.3 SB 52 (Steinberg) Water quality: Sacramento Regional County Sanitation
District.
This bill would appropriate $50 million to the Department of Water Resources (DWR) from two
bond sources: the Disaster Preparedness and Flood Prevention Bond Act of 2006 (Prop lE), and
the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act of 2006 (Prop 84).
DWR would be directed to provide financial assistance to the Sacramento Regional County
Sanitation District (SRCSD) to offset a potential rate increase associated with the costs of capital
improvements to the district's regional sewage treatment plant. $13 million is proposed to come
from Prop lE funds, and $37 million is proposed to come from Prop 84 funds.
ACWA Position: Oppose Status: Sen. Env. Qual.
.4 SB 701 (Calderon) Central Basin Municipal Water District: report.
This bill would require the Central Basin Municipal Water District (CBMWD), on or before July
1, 2012, to submit a report to the Legislature on the status of the Central Groundwater Basin and
seawater barrier operations, and would prescribe the information to be included in the report.
This bill would require the municipal water district to provide an annual update of that report,
and would require DWR and the Water Replenishment District of Southern California to
cooperate with CBMWD in providing information necessary for the completion of the report.
This bill would repeal this reporting requirement on July 1, 2016.
ACWA Position: Not Favor Status: Sen. Rls.
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Legislative Report March 23, 2011
INDEX
A. "CITY OF BELL" BILLS ..................................................................................................2
AB 23 (Smyth) .................................................................................................................................4
AB 162 (Smyth) ...............................................................................................................................2
AB 182 (Davis) ................................................................................................................................2
AB 229 (Lara) ..................................................................................................................................3
AB 582 (Pan) ...................................................................................................................................3
AB 785 (Mendoza) ..........................................................................................................................3
AB 1287 (Buchanan) .......................................................................................................................4
SB 46 (Correa) .................................................................................................................................4
B. PUBLIC EMPLOYEE PENSION REFORM ..................................................................5
AB 344 (Furutani) ............................................................................................................................5
AB 738 (Hagman) ............................................................................................................................5
SB 27 (Simitian) ..............................................................................................................................6
SB 322 (Negrete Mcloud) ................................................................................................................6
SB 522 (Walters) ..............................................................................................................................7
SB 523 (Walters) ..............................................................................................................................7
SB 524 (Walters) ..............................................................................................................................7
C. LAFCO-SPECIAL DISTRICT CONSOLIDATION .....................................................8
D. SPECIAL DISTRICT REVENUES AND RESERVES .................................................8
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING ....................8
AB 19 (Fong) ...................................................................................................................................8
AB 849 (Gatto) ................................................................................................................................8
F. INFRASTRUCTURE FINANCING .................................................................................9
AB 157 (Jeffries) ..............................................................................................................................9
AB 467 (Eng) ...................................................................................................................................9
AB 550 (Huber) .............................................................................................................................10
AB 685 (Eng) .................................................................................................................................10
SB 200 (Wolk) ...............................................................................................................................10
G. WATER RESOURCES MANAGEMENT/WATER PROJECTS ............................11
AB 134 (Dicksinson) .....................................................................................................................11
H. BROWN ACT/PUBLIC RECORDS/ETHICS ............................................................12
AB 71 (Huber) ...............................................................................................................................12
AB 148 (Smyth) .............................................................................................................................12
AB 392 (Alejo) ..............................................................................................................................13
SB 31 (Correa) ...............................................................................................................................12
SCA 7 (Yee) ...................................................................................................................................13
1. LABOR, EMPLOYMENT AND BENEFITS .................................................................13
AB 22 (Mendoza) ..........................................................................................................................14
J. PUBLIC WORKS/CONTRACTS ..................................................................................14
AB 356 (Hill) .................................................................................................................................14
AB 457 (Wagner) ...........................................................................................................................15
K. WATER QUALITY/POLLUTION ...............................................................................15
AB 54 (Solorio) ..............................................................................................................................15
AB 246 (Wieckowski) ...................................................................................................................15
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Legislative Report March 23, 2011
AB 403 (Campos) ..........................................................................................................................16
AB 741 (Huffman) .........................................................................................................................16
AB 938 (V Manual Perez) .............................................................................................................16
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES ..........................17
AB 83 (Jeffries) ..............................................................................................................................17
AB 320 (Hill) .................................................................................................................................17
AB 963 (Valadao) ..........................................................................................................................18
M. SPECIFIC AGENCIES AND/OR PROJECTS ...........................................................18
P.1 AB 954 (Calderon) ..................................................................................................................18
P.2 SB 34 (Simitian) ......................................................................................................................18
P.3 SB 52 (Steinberg) ....................................................................................................................19
PA SB 701 (Calderon) ...................................................................................................................19
21
ITEM NO. 4.7
AGENDA REPORT
Meeting Date: April 19, 2011
Subject: General Counsel's Monthly Summary Report
ATTACHMENTS:
Name: cv, i~a$icri: a ype:
McCormick Billing Chart Summary.pdf McCormick Kidman Summary Report for March 2011 Backup Material
YORBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2010-2011
MONTHLY SUMMARY BILLING CHART
BILLING MONTH: March 2011
Matter Current Billing Total Billed to Date Total Billed 2009-2010
Name March 31, 2011 Current Fiscal Year Prior Fiscal Year
CONSTRUCTION CONTRACTS $1,973.42 $4,139.62 $7,324.60
OCWD ANNEXATION $220.00 $1,812.50 $5,664.81
FREEWAY COMPLEX FIRE LITIGATION $6,929.00 $63,966.71 $61,733.97
NON-CONSTRUCTION AGREEMENTS $798.79 $4,162.79 $15,384.92
CELL TOWERS $420.00 $3,417.50 $2,033.40
WATER RATES/WATER CONSERVATION $14,746.50 $15,159.35
CITY SEWER SYSTEM $12,249.50 $0.00
RETAINER $2,512.71 $18,814.24 $25,000.00
SUBTOTAL $12,853.92 $123,309.36 $132,301.05
Other Allocated Expenses Not Pertaining to
Current Year Open Projects 2010-2011 $0.00 $0.00 $39,331.03
TOTAL $12,853.92 $123,309.36 $171,632.08
McCormick, Kidman, Behrens
Summary of Monthly and YTD Charges
Month of
Mar-2011
$12,853.92
1,997.53
$14,851.45
YTD through
Mar-2011
$123,309.36
25,538.35
$148,847.71