HomeMy WebLinkAbout2011-05-18 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Wednesday, May 18, 2011, 4:00 PM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director Michael J. Beverage, Chair Ken Vecchiarelli, General Manager
Director Phil Hawkins
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. ACTION CALENDAR
This portion of the agenda is for items where staff presentations and committee discussions are needed prior to
formal committee action.
2.1. Request for Proposal for General Legal Counsel
Recommendation: That the Committee recommend the Board of Directors
authorize staff to solicit Request for Proposals for District General Legal Counsel
Services.
3. 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.
3.1. Draft Board Budget (Supplies and Services Section)
3.2. Draft Administration Budget (Supplies and Services Section)
3.3. MWDOC Member Agencies Agreement
3.4. Director's and General Manager's Fees and Expenses (Jan - Mar 2011)
3.5. Second Report on 2011 Legislative Bills
3.6. General Counsel's Monthly Summary Report
3.7. Future Agenda Items and Staff Tasks
4. ADJOURNMENT
4.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held June 21, 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: May 18, 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: Request for Proposal for General Legal Counsel
SUMMARY:
At the request of the Board of Directors, staff has reviewed some of the District's long-term
contracts. One of the District's longest relationships is with general legal counsel, McCormick,
Kidman and Behrens. The most recent contract for these services dates back to July 2007 and the
first contract found in our files was executed in 1988.
Staff has prepared a Request for Proposals (RFP) to solicit proposals from selected interested firms
to consider future representation for general legal counsel services.
STAFF RECOMMENDATION:
That the Committee recommend the Board of Directors authorize staff to solicit Request for
Proposals for District General Legal Counsel Services.
DISCUSSION:
District staff has compiled the names of seven legal firms that are highly experienced in
representing special districts and in the specifics of water law. These seven firms are: Best, Best &
Krieger; Bowie, Arneson,Wiles & Giannone; Janet Morningstar, a Law Corporation; Kidman,
Behrens & Tague; Lagerlof, Senecal, Gosney & Kruse; Redwine & Sherrill and Rutan & Tucker. At
the Board's request, all seven of these firms may be invited to submit proposals for providing the
District's General Legal Counsel Services.
ATTACHMENTS:
RFP_General _Legal Services- _Draft _2.docx RFP- General Legal Services Backup Material
Yorba Linda
Water District
REQUEST FOR PROPOSAL
PROFESSIONAL SERVICES
FOR
GENERAL LEGAL COUNSEL
May 2011
BOARD OF DIRECTORS
MICHAEL J. BEVERAGE, PRESIDENT
PHIL HAWKINS, VICE PRESIDENT RIC COLLETT, DIRECTOR
BOB KILEY, DIRECTOR GARY MELTON, DIRECTOR
KEN VECCHIARELLI, GENERAL MANAGER
Professional Services for General Legal Counsel Page 2
TABLE OF CONTENTS
SECTION PAGE
1.0 INTRODUCTION 3
2.0 BACKGROUND 3
3.0 SCOPE OF WORK 3
4.0 TERMS AND DEFINITIONS 4
5.0 RFP PROCESS 4
6.0 ELEMENTS OF PROPOSAL 5
7.0 PROPOSAL SUBMITTALS 6
8.0 GENERAL TERMS AND CONDITIONS 8
9.0 CLOSING 8
Attachments: YLWD Professional Services Agreement
Professional Services for General Legal Counsel Page 3
1.0 INTRODUCTION
The Yorba Linda Water District (YLWD) is seeking to contract with an attorney or legal firm to
serve as General Legal Counsel for the District. The District invites interested law firms and
individuals with a minimum of seven (7) years of public law experience representing Special
Districts, Water Agencies or other local governments to submit a written proposal to provide
general legal services. The District has separate legal counsel for personnel, labor and bond
related issues.
As District General Legal Counsel (Legal Counsel), the selected law firm or individual will be
expected to provide a broad range of general legal services to the Yorba Linda Water District
(District). The District's Legal Counsel is selected to work as an independent contractor by the
Board of Directors and works closely with the General Manager and other staff. The Legal
Counsel's primary role is to provide expert legal advice to the District's Board of Directors,
General Manager and Department Managers. The selected attorney or firm will perform the tasks
as specified below.
2.0 BACKGROUND
The Yorba Linda Water District is an independent special district that provides water and sewer
services to residents and businesses within its service area. The District's history dates back to
1909 when the privately owned Yorba Linda Water Company was formed. The present District
was organized as a county water district under on January 2, 1959, as a result of a vote of local
residents. The District provides water and sanitary sewer services to approximately 24,000
homes and businesses within a 23 square-mile territory serving a large portion of the City of
Yorba Linda, portions of Brea, Anaheim and Placentia, and a small unincorporated area in the
County of Orange.
The Yorba Linda Water District Board of Directors consists of five members; each elected at-
large to overlapping four-year terms. Regular board meetings are held the second and fourth
Thursday of each month. The Board has five standing committee meetings that typically meet
monthly.
The General Manager, who is appointed by the Board of Directors, is responsible for day-to-day
operations. The District employs 76 full time personnel, and the fiscal year 2010/11 operating
budget was $31.3 million, excluding capital projects outlay.
3.0 SCOPE OF WORK
• Advise the Board of Directors and District management staff on special district
government legal matters, including the Brown Act and parliamentary procedures for
running meetings, and public official conflict requirements.
• Attend two Board meetings per month, unless excused by the President of the Board or
the General Manager.
Professional Services for General Legal Counsel Page 4
• Advise the Board of Directors and District management staff on commencement or
defense of litigation to protect District interests; and litigate such issues as directed.
• Prepare and/or review all ordinances, resolutions, contracts, joint powers agreements, and
other agreements and contracts entered into by the District, as requested by the General
Manager.
• Research and submit legal opinions on special district or other legal matters as requested
by the Board of Directors or the General Manager.
• Provide written updates on new State and Federal legislation and judicial decisions
impacting the District and suggest action or changes in operations or procedures to assure
compliance.
• Perform legal work pertaining to land use issues, including, but not limited to, property
acquisitions, easements, public improvements, dedications and rights-of-way.
• Promptly return all calls and emails from the Board of Directors and District staff.
Proposers are urged to address the District with any questions relating to the request for
proposal or documents contained herein. Such questions should be submitted in writing or by
email no later than 5 days prior to the proposal submittal deadline of Monday, June 10, 2011,
5:00 p.m. Contact Ken Vecchiarelli, General Manager at kvec@ylwd.com for more
information. Additionally, should matters outside the scope of services be necessary, the
District reserves the right to negotiate new terms and conditions of an agreement.
4.0 TERMS AND DEFINITIONS
Any terms and definitions used in this proposal will follow the actual definition and will first
appear in parenthesis. From that point on, the abbreviated usage will be used within this
proposal.
5.0 RFP PROCESS
5.1 RFP Project Schedule
The District will utilize the following timetable for proposals.
Action Date Time
RFP Release May 20, 2011 12: 00 p.m.
RFP Closing Date June 10, 2011 5:00 p.m.
Estimated RFP Evaluation Period June 13-23, 2011 N/A
Professional Services for General Legal Counsel Page 5
5.2 Closing Date
Proposals must arrive at the location on the date and time identified on page 4 of this RFP in the
format set forth herein and is the sole responsibility of the Proposer. There will be no public
opening of the proposals.
5.3 RFP Evaluation Process
As only a select number of candidates have been invited to respond to the General
Legal Counsel RFP, qualifications and references may be checked on all
applicants, prior to an interview before the full Board of Directors.
In reviewing the proposals, the District will carefully weigh:
a. Depth and breadth of experience and expertise in the practice of law,
specifically in those areas most often encountered in special district/water
agency operations;
b. Capability to perform legal services promptly and in a manner that permits
the District to meet established deadlines and to operate in an effective and
efficient manner;
c. Degree of availability for quick response to inquiries that arise out of day-
to-day operating questions or problems;
d. Degree to which firm and individual attorneys stay current through
continued professional development and active communication with
practitioners in special district/water agency law;
e. Communication skills;
f. Cost of services; and
g. Other qualifications/criteria as deemed appropriate by the Board of
Directors.
It is anticipated that the YLWD Board of Directors will formally approve the
contract and appoint the next legal counsel for Yorba Linda Water District by
August 1, 2011. Services are anticipated to begin on or shortly after that date.
The Board may establish one or more dates in early to mid July, 2011, to
interview the top three to five firms.
6.0 ELEMENTS OF PROPOSAL
The proposal shall include the following elements:
a. Cover letter shall be signed by a partner, principal, shareholder or officer authorized to
bind the firm and shall contain a statement indicating that the proposal is valid for six
(6) months.
b. Made in the official name of the firm, or individual in which the Proposer's business is
conducted (including the official business address).
c. Submitted in envelopes clearly marked with RFP- General Legal Services.
Professional Services for General Legal Counsel Page 6
d. Addressed to the General Manager, Ken Vecchiarelli, as identified on the cover page
of this RFP.
Proposers shall prepare each proposal simply and economically, providing a straightforward,
concise description of Proposers offer and capabilities to satisfy the requirements of this RFP.
Emphasis should be on completeness and clarity of content.
7.0 PROPOSAL SUBMITTALS
The Yorba Linda Water District requires the applicant to submit a concise proposal clearly
addressing all of the requirements outlined in this RFP (the following sections 7.1-7.4). To be
considered responsive, the proposal must provide specific answers to all questions and requests
for information.
7.1 Experience and Qualifications
a. Please describe the nature of your law firm's practice and your qualifications for
providing general legal services for the Yorba Linda Water District. Please provide a
professional chronology of the individual who will be designated to serve as primary
legal counsel as well as for others who you anticipate will be involved in providing
legal services to YLWD.
b. Please provide the overall capabilities, qualifications, training and areas of expertise for
each of the principals, partners and associates of the law firm, including the length of
employment for each person and his/her area of specialization for those involved in the
assignment.
c. For the person whom you propose to designate as primary legal counsel, and for each
person you propose to designate as supporting counsel for special services or backup,
please provide the following:
i. Legal Training and years of practice
ii. Years of municipal or other local public sector law practice
iii. Knowledge of and experience with, California special districts, Water and
Wastewater Law, or other public sector experience.
iv. Types of clientele represented and years representing each.
V. Litigation experience and demonstration of a good court track record. Cite
examples of public agency litigation experience.
d. Demonstrated legal expertise in the following areas as it relates to special districts or
municipal governments:
i. Laws and regulations governing California special districts, and operating
procedures relative to the conduct of special district business.
ii. Experience and knowledge of Public Contracting Code, Labor Code, and
other California statutes governing the bidding, awarding, contracting, and
construction of public works and improvements.
Professional Services for General Legal Counsel Page 7
iii. Environmental law including: California Environmental Quality Act
(CEQA), National Environmental Policy Act (NEPA).
iv. Contracts, joint powers authorities, memorandums of understanding,
including risk transfer provisions.
V. Preparation and review of ordinances and resolutions.
vi. Real Estate law, easements, rights-of-way, and other related agreements
and negotiations.
vii. California Public Records Act, the Ralph M. Brown Act, Fair Political
Practices Commission regulations and public official conflict statues, and
the California Elections Code.
viii. Laws pertaining to fees and taxes, including Proposition 218.
ix. Laws pertaining to annexations.
X. Other relevant areas pertaining to special district/water agency or
municipal law.
e. Office location and accessibility to the Yorba Linda Water District.
f. Any professional affiliations.
g. If the firm/individual, or any of the attorneys employed by the firm, have ever been
sued by special districts, local governments, or other clients for malpractice, been the
subject of complaints filed with the State Bar, or had discipline imposed by the State
Bar, please provide information on the nature of the incident, the dates of which the
matter began and was concluded, and the results of the situation.
7.2 Performance
a. Describe your view of the role of a special district's general legal counsel.
b. Describe how you would establish, develop, and maintain an effective working
relationship with the Board of Directors, General Manager, Department Managers, and
other agencies.
c. How would you describe your style of participation in Board meetings and workshops?
d. Describe how you will keep YLWD informed about the status of litigation and other
legal matters.
e. How do you evaluate the costs/benefits of litigating or settling cases?
f. Describe your view of the role of a special district's general legal counsel with the
public and the media.
g. Define the standard time frames for response by the primary legal counsel to direction
and/or inquiry form the Board of Directors or General Manager and District staff
h. Describe how you track and manage costs so that the District's legal costs are held to a
minimum.
Professional Services for General Legal Counsel Page 8
7.3 Current Clients/Conflicts of Interest
a. Please list all current or former clients with real property ownership, residence, or
principal place of business within the boundaries of the Yorba Linda Water District
within the past three (3) years.
b. Please list all public clients for which you or your firm currently provides services
under a fee for services basis or on a retainer basis.
c. Please identify any foreseeable or potential conflicts of interest, which would result
from such representation and the manner in which you would propose to resolve such
conflicts.
7.4 Compensation, Reimbursement, Risk Transfer
a. Please provide your proposed standard fee/rate schedule and define the term for which
these rates will be applicable. The District prefers that legal services be provided at an
hourly rate based on the individual attorney billing rates.
b. Please provide the limits of your professional liability insurance coverage.
8.0 GENERAL TERMS AND CONDITIONS
8.1 Contracts Between Proposer And District: The District will prepare a contract for
implementation between the successful Proposer and the District (see attached draft Professional
Services Agreement). Proposer's standard form contract will not be considered as an acceptable
substitute.
8.2 Late Proposals: It is the Proposer's sole responsibility to ensure that proposals are received at
the District office prior to the scheduled closing time specified in this RFP. Proposals will not
be accepted after the deadline, including those that are post-marked prior to the closing date and
time specified, but not yet received by the District.
8.3 Withdrawal Of Proposals: Proposals may be withdrawn if written notification of withdrawal
of the proposal is signed by an authorized representative of the Proposer and received at the
District office prior to the closing time for receipt of proposals. Proposals cannot be changed or
withdrawn after the time designated for receipt.
8.4 Rejection Of Proposals: The District reserves the right to reject any and all proposals
received in response to this RFP and to waive any informality in any proposal if it is determined
to be in the best interest of the District to do so.
8.5 Proposal Validity Period: Submission of a proposal will signify the Proposer's agreement that
the proposal, and contents thereof, are valid for six (6) months following the submission of the
proposal and shall become part of the contract that is negotiated with the successful Proposer.
8.6 Documents To Be Construed Together: The RFP, proposal and all documents incorporated
by reference in a contract entered into between the Proposer and the District, and all
modifications of said documents, shall be construed together as one document.
Professional Services for General Legal Counsel Page 9
8.7 Extra Work Or Materials: The District shall have the right to make alterations, eliminations
and additions in the work. Exercise of such right shall in no way void the contract. The District
and the Proposer shall agree upon the value of such extra work.
8.8 News Releases: News releases pertaining to the award of any contract resulting from this
RFP shall not be made without prior approval of the District. The District's name shall not appear
on customer lists, advertising or other materials used to promote the Proposer's services without
prior written approval of the District.
8.9 ADDITIONAL PROPOSAL EVALUATION CRITERIA: A sample copy of the District's
Professional Services Agreement is attached. Please state in your proposal your willingness to
accept the agreement terms and conditions. If you require any changes, please include in your
proposal any anticipated modifications to the standard terms and conditions. While the District
may negotiate such changes with Proposers, the District will consider your anticipated
modifications during the Proposer selection, and retains the right to reject any portion of your
anticipated modifications.
9.0 CLOSING
The District reserves the right to accept or reject any and all proposals, waive any defects or
irregularity, modify the proposal terms or the selection process or negotiate a contract, along
with a revised Scope of Work, schedule and fees with the selected Proposer. All complete
proposals will be presented to the Board of Directors for initial review, inclusion in an interview
process and possible award of the Professional Services Agreement.
Selection of the Proposer shall be based on the proposal contents and responsiveness, a
demonstration of a clear understanding of the required scope of work and a work plan to
successfully provide services required for the engagement, prior experience of the firm, and
specific experience and capability of the person designated as primary legal counsel. After
qualifications of all firms have been evaluated, price shall be considered in the selection process
of all qualified firms. The firm, and in particular the primary legal counsel, must be fully
capable in all areas outlined in the "Scope of Work".
This request does not commit the District to retain any Proposers, to pay costs incurred in the
preparation of proposals, or to proceed with execution of an agreement for services. The District
reserves the right to reject any or all proposals and to negotiate with any qualified applicant.
Proposals (including accompanying materials) will become the property of the District.
Proposals will be held in confidence to the extent permitted by law. After award of a contract, or
after rejection of all proposals, the proposals will be public records subject to disclosure under
the California Public Records Act (Government Code Section 6250 et seq.).
The District reserves the right to request additional information from prospective Proposers
prior to final selection and to consider information about a firm other than that submitted in the
proposal.
Professional Services for General Legal Counsel Page 10
Ten (10) copies of the complete proposal must be RECIEVED by the date and time
specified in Section 3.1 of this RFP. Proposals that are post-marked by the date and time
specified, but have not yet been received at the District offices will NOT be accepted. Please
make sure to allow sufficient time for Post Office processing and delivery. Hand-deliver or
mail proposals to:
Hand Deliveries: Yorba Linda Water District
1717 E. Miraloma Ave.
Placentia, California 92870
Attn.: Ken Vecchiarelli
Mailed Deliveries: Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
Attn.: Ken Vecchiarelli
Professional Services for General Legal Counsel Page 11
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE YORBA LINDA WATER DISTRICT
AND
[INSERT PARTY]
PROJECT/SITE: [INSERT DESCRIPTION] DATE: [INSERT DATE]
THIS PROFESSIONAL SERVICES AGREEMENT (`Agreement") is made and entered into on
, 2011, by and between the YORBA LINDA WATER DISTRICT, a local public agency,
created and operating under authority of Division 12 of the California Water Code (`District"), and [INSERT
CONSULTANT] (`Consultant") (collectively referred to herein as the "Parties").
RECITALS
WHEREAS, District is engaging in the Project described in the Scope of Work attached as Exhibit "A", and
WHEREAS, District requires a professional consultant with the requisite knowledge, skill, ability and expertise to
provide the necessary services for District during all phases of the Project to which the specialized services of
Consultant are appropriate; and
WHEREAS, Consultant represents to District that it is fully qualified and available to perform the services for and
as requested by District; and
NOW, THEREFORE, in consideration of the mutual promises, covenants, and terms and conditions herein, the
Parties agree as follows:
AGREEMENT
1.0. SCOPE OF WORK. The services to be provided by Consultant (`Work") are called out in the Scope of
Work attached as Exhibit "A" and incorporated herein by reference. All Work shall be performed in accordance
with the standards customarily provided by an experienced and competent professional rendering the same or similar
services and in such a prompt and continuous fashion as not to impede or delay the overall completion of the
Project.
1.1. Project Manager. Consultant acknowledges that continuous and effective communication
between District, Consultant, and other consultants (as appropriate) is necessary to the successful
completion of the Project. Consultant may also be required to furnish copies of its work product and
communications to others as requested by District. Consultant's primary contact with District shall be
through District's Project Manager specified on Exhibit "A." District's primary contact with Consultant
shall be through the Consultant's Representative, designated on Consultant's Cost Proposal attached as
Exhibit "B," and incorporated herein by reference. When requested by District, Consultant's Representative
shall attend Project meetings and will undertake, as a part of its professional responsibility under this
Agreement, to coordinate its activities with all appropriate individuals and consultants.
1.2. Use of Designs and Drawings. All work product of Consultant, whether created solely by
Consultant or in cooperation with others, is prepared specifically and expressly for District and all right,
title, and interest therein shall be owned by District. District shall make available to Consultant such
information, documents, graphs, studies, etc., which District possesses or has access to, which are relevant
to Consultant's Work pursuant to this Agreement.
Professional Services for General Legal Counsel Page 12
1.3. Review. Consultant shall furnish District with reasonable opportunities from time to time to
ascertain whether the Work of Consultant are being performed in accordance with this Agreement. All
Work done and materials furnished shall be subject to final review and approval by District. District's
interim review and approval of Consultant's work product shall not relieve Consultant of its obligations to fully
perform this Agreement.
1.4. Commencement of Work. The Project start date is called out on Exhibit "A."
1.5. Time Is Of The Essence. Consultant shall perform all Work with due diligence as time is of the
essence in the performance of this Agreement. Time limits applicable for the performance of Consultant's
Work are established in Exhibit "A."
2.0 COMPENSATION. As compensation for performance of the Work specified under the Scope of Work
(Exhibit "A"), District shall pay Consultant an amount not to exceed that contained in Consultant's Cost Proposal
(Exhibit `B"). Payment will be made at the rates set forth in Consultant's Fee Schedule, which is attached as Exhibit
"C" and incorporated herein by reference. Costs or expenses not designated or identified in the Fee Schedule shall
not be reimbursable unless otherwise provided in this Agreement.
2.1. Invoicing. Consultant shall submit an invoice within ten (10) days after the end of each month
during the term of this Agreement describing the Work performed for which payment is requested. District
shall review and approve all invoices prior to payment. District shall pay approved invoices within thirty
(30) days of receipt. Consultant agrees to submit additional documentation to support the invoice if
requested. If District does not approve an invoice, District shall send a notice to Consultant setting forth the
reason(s) the invoice was not approved. Consultant may re-invoice District to cure the defects identified by
District. The revised invoice will be treated as a new submittal. District's determinations regarding
verification of Consultant's performance, accrued reimbursable expenses, if any, and percentage of
completion shall be binding and conclusive. Consultant's time records, invoices, receipts and other
documentation supporting the invoices shall be available for review by District upon reasonable notice and
shall be retained by Consultant for three (3) years after completion of the Project.
2.2. Extra Services. Before performing any services outside the scope of this Agreement (`Extra
Services"), Consultant shall submit a written request for approval of such Extra Services and receive
written approval from District. District shall have no responsibility to compensate Consultant for any Extra
Services provided by Consultant without such prior written approval.
3.0 TERMINATION. District may terminate this Agreement at any time upon ten (10) days written notice to
Consultant. Should District exercise the right to terminate this Agreement, District shall pay Consultant for any
Work satisfactorily completed prior to the date of termination, based upon Consultant's Fee Schedule. Consultant
may terminate this Agreement upon ten (10) days written notice to District in the event of substantial failure by
District to perform in accordance with the terms hereof through no fault of Consultant; or in the event District fails
to pay Consultant in accordance with the terms in Section 2.0; or if Consultant's Work hereunder is suspended for a
period of time greater than ninety (90) days through no fault of Consultant.
3.1. Withholding Payment. In the event District has reasonable grounds to believe Consultant will be
materially unable to perform the Work under this Agreement, or if District becomes aware of a potential
claim against Consultant or District arising out of Consultant's negligence, intentional act or breach of any
provision of this Agreement, including a potential claim against Consultant by District, then District may,
to the fullest extent allowed by law, withhold payment of any amount payable to Consultant that District
determines is related to such inability to complete the Work, negligence, intentional act, or breach.
4.0. SAFETY. Consultant shall conduct and maintain the Work so as to avoid injury or damage to any person or
property. Consultant shall at all times exercise all necessary safety precautions appropriate to the nature of the Work
and the conditions under which the Work is to be performed, and be in compliance with all applicable federal, state
and local statutory and regulatory requirements including State of California, Department of Industrial Relations
(Cal/OSHA) regulations. Consultant is responsible for the safety of all Consultant personnel at all times during
performance of its Work, including while on District property.
Professional Services for General Legal Counsel Page 13
5.0 INDEMNIFICATION.
5.1. When the law establishes a professional standard of care for the Consultant's services, to the
fullest extent permitted by law, Consultant will defend, indemnify and hold harmless District, its directors,
officers, employees, and authorized volunteers from and against all claims and demands of all persons that
arise out of, pertain to, or relate to the Consultant's negligence, recklessness, or willful misconduct in the
performance (or actual or alleged non-performance) of the Work under this Agreement. Consultant shall
defend itself against any and all liabilities, claims, losses, damages, and costs arising out of or alleged to
arise out of Consultant's performance or non-performance of the Work hereunder, and shall not tender such
claims to District nor to its directors, officers, employees, or authorized volunteers, for defense or
indemnity.
5.2. Other than in the performance of professional services, to the fullest extent permitted by law,
Consultant will defend, indemnify and hold harmless District, its directors, officers, employees and
authorized volunteers from and against all claims and demands of all persons arising out the performance
of the Work (including the furnishing of materials), including but not limited to claims by the Consultant,
Consultant's employees and any subconsultants for damages to persons or property, except for damages
resulting from the willful misconduct or active negligence of District, its directors, officers, employees, or
authorized volunteers.
5.3. Consultant shall defend, at Consultant'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 District or any of its
directors, officers, employees, or authorized volunteers, with legal counsel reasonably acceptable to District.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against District or any of
its directors, officers, employees, or authorized volunteers, in any and all such aforesaid suits, actions, or other
legal proceedings for which Consultant is obligated to defend, indemnify and hold harmless District, its
directors, officers, employees and authorized volunteers under this Agreement.
5.4. Consultant shall reimburse District or its directors, officers, employees, and 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. Consultant's obligation to indemnify shall not be restricted to insurance proceeds,
if any, received by District or its directors, officers, employees, or authorized volunteers.
6.0 INSURANCE REQUIREMENTS. Prior to execution of this Agreement, and at any time
thereafter on request, Consultant shall provide executed certificates of insurance and policy endorsements acceptable
to District evidencing the required coverage and limits for each insurance policy. Each insurance policy shall be
primary insurance as respects District, its affiliated organizations and its and their respective officers, directors,
trustees, employees, agents, consultants, attorneys, successors and assigns (collectively, the "Covered Parties") for
all liability arising out of the activities performed by or on behalf of Consultant. Any insurance, pool coverage, or
self-insurance maintained by Covered Parties shall be excess of Consultant's insurance and shall not contribute to it.
Except for the Errors and Omissions policy (Section 6.4), all insurance coverage maintained or procured pursuant to
this Agreement shall be endorsed to waive subrogation against the Covered Parties or shall specifically allow
Consultant or others providing insurance evidence in compliance with these requirements to waive their right of
recovery prior to loss. Consultant waives its right of recovery against the Covered Parties for damages covered by
insurance required by this Agreement. Consultant shall require similar written express waivers and insurance clauses
from each of its subcontractors. The insurer issuing the Workers' Compensation insurance shall amend its policy to
waive all rights of subrogation against the Covered Parties.
Each insurance policy shall provide, or be endorsed to provide, that coverage shall not be cancelled except after
thirty (30) days prior written notice by U.S. Mail (ten (10) days for non-payment of premium) has been given to
District. Unless otherwise approved by District, each insurance provider shall be authorized to do business in
California and have an A.M. Best rating (or equivalent) of not less than "A: VII." Consultant shall provide and
maintain at all times during the performance of this Agreement the following insurance: (1) Commercial General
Liability CGL") insurance; (2) Automobile Liability insurance; (3) Workers' Compensation and Employer's
Liability insurance; and (4) Errors and Omissions E&O") liability insurance.
6.1. Commercial General Liability. Each CGL policy shall identify Covered Parties as additional
insured, or be endorsed to identify Covered Parties as additional insured using a form acceptable to the
Professional Services for General Legal Counsel Page 14
District. Coverage for additional insured shall not be limited to vicarious liability. Defense costs must be
paid in addition to limits. Each CGL policy shall have liability coverage limits of at least $1,000,000 per
occurrence for bodily injury, personal injury and property damage, and either at least (a) $2,000,000
aggregate total bodily injury, personal injury and property damage applied separately to the Project; or at
least (b) $5,000,000 general aggregate limit for all operations. CGL insurance and endorsements shall be
kept in force at all times during the performance of this Agreement and all coverage required herein shall
be maintained after the term of this Agreement so long as such coverage is reasonably available.
6.2. Automobile Liability. Each Automobile Liability policy shall require coverage for "any auto"
and shall have limits of at least $1,000,000 for bodily injury and property damage, each accident, and shall
use ISO policy form "CA 00 0L" including owned, non-owned and hired autos, or the exact equivalent. If
Consultant owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the
CGL policy described above. Automobile Liability insurance and endorsements shall be kept in force at all
times during the performance of this Agreement and all coverage required herein shall be maintained after
the term of this Agreement so long as such coverage is reasonably available.
6.3. Workers' Compensation/Employer's Liability. Consultant shall cover or insure the existence
of coverage under the applicable laws relating to Workers' Compensation insurance, all of their employees
employed directly by them or through subconsultants at all times in carrying out the Work contemplated
under this Agreement, in accordance with the "Workers' Compensation and Insurance Act" of the
California Labor Code and any amendatory Acts. Consultant shall provide Employer's Liability insurance
with limits of at least $1,000,000 each accident, $1,000,000 disease policy limit, and $1,000,000 disease
each employee.
By Consultant's signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700
of the California Labor Code, which requires every employer to be insured against liability for Workers'
Compensation or to undertake self-insurance in accordance with the provisions of that code, and that
Consultant will comply with such provisions before commencing Work under this Agreement. Upon the
request of District, subconsultants must provide certificates of insurance evidencing such coverage.
6.4. Errors and Omissions. Each E&O policy shall have limits of at least $1,000,000 per claim and
$1,000,000 aggregate. E&O insurance and endorsements shall be kept in force at all times during the
performance of this Agreement and all coverage required herein shall be maintained after the term of this
Agreement so long as such coverage is reasonably available.
7.0. INDEPENDENT CONTRACTOR. The Parties agree that the relationship between District and
Consultant is that of an independent contractor and Consultant shall not, in any way, be considered to be an
employee or agent of District. Consultant shall not represent or otherwise hold out itself or any of its directors,
officers, partners, employees, or agents to be an agent or employee of District. District will not be legally or
financially responsible for any damage or loss that may be sustained by Consultant because of any act, error, or
omission of Consultant or any other consultant, nor shall Consultant make any claim against District arising out of
any such act, error, or omission.
7.1. Taxes and Benefits. Consultant shall be solely responsible for the payment of all federal, state
and local income tax, social security tax, Workers' Compensation insurance, state disability insurance, and
any other taxes or insurance Consultant, as an independent contractor, is responsible for paying under
federal, state or local law. Consultant is not eligible to receive Workers' Compensation, medical, indemnity
or retirement benefits through District, including but not limited to enrollment in Ca1PERS. Consultant is
not eligible to receive overtime, vacation or sick pay.
7.2. Permits and Licenses. Consultant shall procure and maintain all permits, and licenses and other
government-required certification necessary for the performance of its Work, all at the sole cost of
Consultant. None of the items referenced in this section shall be reimbursable to Consultant under the
Agreement.
7.3. Methods. Consultant shall have the sole and absolute discretion in determining the methods,
details and means of performing the Work required by District. Consultant shall furnish, at its own expense,
all labor, materials, equipment, tools and transportation necessary for the successful completion of the
Professional Services for General Legal Counsel Page 15
Work to be performed under this Agreement. District shall not have any right to direct the methods, details
and means of the Work; however, Consultant must receive prior written approval from District before
assigning or changing any assignment of Consultant's project manager or key personnel and before using
any subconsultants or subconsultant agreements for services or materials under this Agreement and any
work authorizations.
8.0. NOTICES. Any notice may be served upon either Party by delivering it in person, or by depositing it in a
U. S. Mail Deposit Box with the postage thereon fully prepaid, and addressed to the Party at the address set forth
below:
District: Kenneth R. Vecchiarelli, General Manager
Yorba Linda Water District
P.O. Box 309
Yorba Linda, California 92885-0309
Consultant: As designated in Exhibit "B."
Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in
the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service.
9.0 ASSIGNMENT. Neither Consultant nor District may assign or transfer this Agreement, or any part
thereof, without the prior written consent of the other Party, which shall not be unreasonably withheld.
10.0 ATTORNEY'S FEES. In the event of any action arising out of, or in connection with, this Agreement, or
the Work to be performed hereunder, the prevailing Party shall be entitled to have and recover, in addition to
damages, injunctive or other relief, its reasonable costs and expenses, including without limitation, its attorney's
fees.
11.0. BINDING ARBITRATION. Within thirty (30) days after service of a civil action on either Party arising
out of, or in connection with, this Agreement, either Party may elect to submit the action to binding arbitration
before the Judicial Arbitration and Mediation Service (`JAMS"), located in Orange County. The Parties agree that
upon an election to arbitrate, any civil action filed will be stayed until arbitration proceedings have concluded. Upon
submission of the matter to JAMS, the submitting Party shall obtain from JAMS a list of three (3) randomly selected
arbitrators and serve said list upon the other Party. In the event that there are more than two parties to the action, the
number of arbitrators randomly selected and included in the list shall be increased by two for each additional party
involved. Upon service of the randomly selected list of arbitrators, each party shall have twenty (20) days to
eliminate two arbitrators from the list and return it to JAMS, with the selected arbitrator being the remaining name
on the list. Should more than one name remain on the list, JAMS will randomly select the arbitrator from the names
remaining on the list. Arbitration shall be scheduled for hearing on the merits no later than six (6) months after the
date the arbitrator is selected. All parties shall be permitted to conduct discovery as provided by the current rules of
the California Code of Civil Procedure. All costs of JAMS or of the arbitrator for Work shall be divided equally
among the Parties, unless otherwise ordered by the arbitrator. In an arbitration to resolve a dispute under this
provision, the arbitrator's award shall be supported by law and substantial evidence.
12.0 FORCE MAJEURE. Upon written notice by the owing Party, the respective duties and obligations of the
Parties hereunder (except District's obligation to pay Consultant such sums as may become due from time to time
for Work rendered by it) shall be suspended while and so long as performance thereof is prevented or impeded by
strikes, disturbances, riots, fire, governmental action, war acts, acts of God, or any other cause similar or dissimilar
to the foregoing which are beyond the reasonable control of the Party from whom the affected performance was due.
Professional Services for General Legal Counsel Page 16
[INTENTIONALLY LEFT BLANK]
Professional Services for General Legal Counsel Page 17
13.0 ENTIRE AGREEMENT. This Agreement, and the attached Exhibits, represent the entire and integrated
agreement between District and Consultant and supersedes all prior negotiations, representations, or agreements,
either written or oral. This Agreement may be amended only by written instrument signed by both District and
Consultant.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be entered into as of the day and year
written above.
District: Consultant:
Yorba Linda Water District
By: By:
Kenneth R. Vecchiarelli, General Manager
ITEM NO. 3.1
AGENDA REPORT
Meeting Date: May 18, 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 (Supplies and Services Section)
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 increases 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.
ATTACHMENTS:
Name: Description: T ype:
Budget Detail- BOD FY 11-12.pdf Draft Board Budget Backup Material
Section Detail Expense Budget
Dept/Section: BOD (1010) FY 2012
4 ~escrlption
6, k,
1-1010-0580-00 $5,000 1-1010-0580-00 5,000 Tablet PCs (5 x $1000) 5,000
COMMUNICATIONS (E) COMMUNICATIONS (E)
1-1010-0600-00 $125 1-1010-0600-00 125 Tablet PC Data Service ($25 x 5) 125
CONTRACTUAL SERVICES (E) CONTRACTUAL SERVICES (E)
1-1010-0640-00 $5,800 1-1010-0640-00 5,800 Water Education Foundation 1,800
DUES,MEMBERSHIPS,SUBSCRI DUES,MEMBERSHIPS,SUBSCRIPTI
Colorado River Water Users Assoc 100
PTIONS (E) ONS (E)
ISDOC 100
WACO 200
CSDA 3,600
1-1010-0780-00 $90,000 1-1010-0780-00 90,000 Legal Services - Retainer 30,000
PROFESSIONAL SERVICES (E) PROFESSIONAL SERVICES (E) Legislative Consultants 60,000
1-1010-0830-00 $15,200 1-1010-0830-00 15,200 ACWA (3 attendees at $1,500 each) 4,500
TRAVEL & CONFERENCES (E) TRAVEL & CONFERENCES (E) CSDA (3 attendees at $1,500 each) 4,500
CRWUA (4 attendees at $1,500 each) 6,000
ISDOC Quarterly 200
Section Total $116,125
ITEM NO. 3.2
AGENDA REPORT
Meeting Date: May 18, 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 (Supplies and Services Section)
SUMMARY:
The Administration Department is responsible for the overall day-to-day management of the District.
Although the Administration Department also includes the Public Affairs division, the Public Affairs
budget has been reviewed separately by the PACT Committee.
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 section of
the Administration Department budget for FY 2011/12 currently shows an increase of $149,400.
This increase includes a one-time QualServe Peer Review Benchmarking Survey of $45,000, and
$110,000 to cover the District's portion of the CEQA preparation as part of the OCWD Annexation.
ATTACHMENTS:
Name: _Des°:Cripstion: Type:
Budget Detail- Admin FY 11-12.pdf Draft Admin Budget Backup Material
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 $45,500 1-2010-0600-00 45,500 Temp help 500
CONTRACTUAL SERVICES (E) CONTRACTUAL SERVICES (E) Qualserve Peer Review Survey 45,000
1-2010-0640-00 $39,300 1-2010-0640-00 39,300 ACWA 18,100
DUES,MEMBERSHIPS,SUBSCRI DUES,MEMBERSHIPS,SUBSCRIPTI
PTIONS (E) ONS (E) Notary Assoc 400
Chamber Membership 600
Postage 200
Misc. 1,000
LAFCO 19,000
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 $361,200 1-2010-0780-05 360,000 Freeway Complex Fire Legal Services 100,000
PROFESSIONAL SERVICES (E) Legal Services
Annexation Legal Services 50,000
Routine Legal 100,000
CEQA for Annexation 110,000
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 (2 attendees) 3,000
TRAVEL & CONFERENCES (E) TRAVEL & CONFERENCES (E) CSDA (2 attendees) 3,000
Misc. 1,000
Section Total $480,800
ITEM NO. 3.4
AGENDA REPORT
Meeting Date: May 18, 2011
Subject: Director's and General Manager's Fees and Expenses (Jan - Mar 2011)
ATTACHMENTS:
Name: Dosciiption: a ype:
Travel and Expenses.xlsx Travel and Expense Backup Material
BOD Dir_Qtr_RptTxlsx Fees & Expenses 3rd Qtr Backup Material
BOD Dlr YTD Rpt.xlsx Fees & Expenses - YTD Backup Material
DIRECTORS RECAP OF TRAVEL/CONFERENCE EXPENSES
January - March 2011
GL Event Event
Director Date Date Event Location Meals Lodging Travel Conf Fee Misc Total trip Total
Beverage 1/25/11 January 27,2011 ISDOC Quarterly Meeting Fountain Valley, CA $16 $16
1/31/11 January 27,2011 ISDOC Quarterly Meeting Fountain Valley, CA $24 $24 $40
Collett $0
Hawkins
$0
Kiley 12/31/10 Dec 15-17, 2010 CRWUA Conference Las Vegas, NV $363 $179 $542
2/02/11 February 24, 2011 MWDOC Water Policy Forum Fountain Valley, CA $75 $75
2/25/11 Dec 15-17, 2010 CRWUA Conference Las Vegas, NV ($121) ($121) $496
Melton 1/1/11 Dec 15-17, 2010 CRWUA Conference Las Vegas, NV $242 $242
2/28/11 Feb. 25-26, 2011 State Water Project Tour Sacramento, CA $61 $40 $101 $343
Total directors $16 $484 $265 $75 $40 $880 $880
General Manager
Vecchiarelli $0
Total GM $0 $0 $0 $0 $0 $0 $0
Total directors & GM $16 $484 $265 $75 $40 $880 $880
YORBA LINDA WATER DISTRICT
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
FISCAL YEAR 2010-2011
3rd QUARTER REPORT FROM 01-01-2011 TO 03-31-2011
BEVERAGE COLLETT HAWKINS KILEY MELTON MILLS SUMMERFIELD SUB-TOTAL VECCHIARELLI TOTAL
REGULAR MEETINGS ATTENDED 6 5 5 6 6 28
COMMITTEE MEETINGS ATTENDED 11 6 8 5 7 37
OFF SITE MEETINGS ATTENDED 3 3 4 12 12 34
SPECIAL MEETINGS ATTENDED 6 5 6 6 5 28
OTHER MEETINGS ATTENDED 1 0 0 0 0 1
TOTAL MEETINGS ATTENDED QTD 27 19 23 29 30 0 0 128 128
DIRECTOR FEES QTD $4,050 $2,850 $3,450 $4,350 $4,500 $0 $0 $19,200 $19,200
MEETING FEES BUDGET QTD $2,700 $2,700 $2,700 $2,700 $2,700 $0 $0 $13,500 $13,500
TRAVEL & CONF. EXPENSES QTD $40 $0 $0 $496 $343 $0 $0 $880 $880
TRAVEL & CONF. BUDGET QTD $375 $375 $375 $375 $375 $0 $0 $1,875 $1,875
DIR.FEES AND EXPENSES QTD $4,090 $2,850 $3,450 $4,846 $4,843 $0 $0 $20,080 $20,080
FEES AND EXPENSES BUDGET QTD $3,075 $3,075 $3,075 $3,075 $3,075 $0 $0 $15,375 $15,375
GEN MGR EXPENSES QTD $0 $0
GEN MGR TRAVEL/CONF. BUDGET QTD $750 $750
TOTAL FEES & EXPENSES QTD $4,090 $2,850 $3,450 $4,846 $4,843 $0 $0 $20,080 $0 $20,080
TOTAL FEES & EXPENSES BUDGET QTD $3,075 $3,075 $3,075 $3,075 $3,075 $0 $0 $15,375 $750 $16,125
YORBA LINDA WATER DISTRICT
DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES
FISCAL YEAR 2010-2011
YEAR-TO-DATE REPORT FROM 07-01-2010 TO 03-31-2011
BEVERAGE COLETT HAWKINS KILEY MELTON MILLS SUMMERFIELD SUB-TOTAL VECCHIARELLI TOTAL
REGULAR MEETINGS ATTENDED 18 15 16 8 8 9 9 83
COMMITTEE MEETINGS ATTENDED 28 15 18 8 7 15 10 101
OFF SITE MEETINGS ATTENDED 7 6 16 15 16 3 4 67
SPECIAL MEETINGS ATTENDED 8 6 8 7 6 0 0 35
OTHER MEETINGS ATTENDED 1 0 0 0 0 0 0 1
TOTAL MEETINGS ATTENDED YTD 62 42 58 38 37 27 23 287 287
DIRECTOR FEES YTD $9,300 $6,300 $8,700 $5,700 $5,550 $4,050 $3,450 $43,050 $43,050
MEETING FEES BUDGET YTD $8,100 $8,100 $8,100 $3,600 $3,600 $4,500 $4,500 $40,500 $40,500
TRAVEL & CONFERENCES EXPENSES YTD $829 $0 $1,433 $1,040 $1,181 $0 $0 $4,483 $4,483
TRAVEL & CONFERENCE BUDGET YTD $1,125 $1,125 $1,125 $500 $500 $625 $625 $5,625 $5,625
DIRECTORS FEES & EXPENSES YTD $10,129 $6,300 $10,133 $6,740 $6,731 $4,050 $3,450 $47,533 $47,533
FEES & EXPENSES BUDGET YTD $9,225 $9,225 $9,225 $4,100 $4,100 $5,125 $5,125 $46,125 $46,125
GEN MGR EXPENSES YTD $1,791 $1,791
GEN MGR TRAVEL CONF. BUDGET YTD $2,250 $2,250
TOTAL FEES & EXPENSES YTD $10,129 $6,300 $10,133 $6,740 $6,731 $4,050 $3,450 $47,533 $1,791 $49,324
TOTAL FEES & EXPENSES BUDGET YTD $9,225 $9,225 $9,225 $4,100 $4,100 $5,125 $5,125 $46,125 $2,250 $48,375
ITEM NO. 3.5
AGENDA REPORT
Meeting Date: May 18, 2011
Subject: Second Report on 2011 Legislative Bills
ATTACHMENTS:
Name: Dosciiption: a ype:
MKB Legislative Bills Report.pdf Report Backup Material
RECEIVED
MCCOBMICg, KIDMAN & BEHRENS, LLP
LAWYERS APR 2 5 2011
650 TOWN CENTER DRIVE
H. L. (MIKE) MCCORMICK" SUITE 100 YORBA UNDA WATER OISTRICT
ARTHUR G. KIDMAN•
RUSSELL G. BEHRENS• COSTA MESA. CALIFORNIA 92626
SUZANNE M. TAGUE't TELEPHONES (714) 755-3100
DAVID D. BOYER•
(800) 755-3125
DANIEL J. PAYNE'
JOAN J. BENNETT FAX (714) 755-3110
EDDY R. BELTRAN www.mkblawyers.com
JOHN P. GLOWACKI
LAURIE E. PARK
PATRICIA J. OUILIZAPA
JONATHAN D. SALMON
COLIN A. WOOD
'A PROFESSIONAL CORPORATION April 22, 2011
tCERTIFIED SPECIALIST - PROBATE
ESTATE PLANNING 6 TRUST LAW
THE STATE BAR OF CALIFORNIA
BOARD OF LEGAL SPECIALIZATION
"OF COUNSEL MEMORANDUM
TO WATER AGENCY CLIENTS
FROM McCormick, Kidman & Behrens, LLP
RE Second Report on 2011 Legislative Bills
Enclosed please find the second Legislative Report for the 2011 legislative session of the
California Legislature. This report covers bills which were covered in our first Legislative
Report and a number of additional bills due to a very busy legislative session. As always, we
have access to bill text and other information if more detail is needed or if there are questions on
the summary provided.
McCORMICK, KIDMAN & BEHRENS, LLP
By.
ARTHUR G. KIDMAN
AGK\ERB
SECOND LEGISLATIVE REPORT FOR 2011
TABLE OF CONTENTS
A. "CITY OF BELL" BILLS
B. PUBLIC EMPLOYEE PENSION REFORM
C. LAFCO - SPECIAL DISTRICT CONSOLIDATION
D. SPECIAL DISTRICT REVENUES, RESERVES, AND FUNDING
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING
F. INFRASTRUCTURE FINANCING
G. WATER RESOURCES MANAGEMENT/WATER PROJECTS
H. BROWN ACT/PUBLIC RECORDS/ETHICS
I. LABOR, EMPLOYMENT AND BENEFITS
J. PUBLIC WORKS/CONTRACTS
K. WATER QUALITY/POLLUTION
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
M. SPECIFIC AGENCIES AND/OR PROJECTS
McCormick, Kidman & Behrens, LLP
Legislative Report April 22, 2011
SECOND LEGISLATIVE REPORT FOR 2011
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
authorize a convened legislative body whose membership constitutes a quorum of any other
legislative body to convene a meeting of the second legislative body, simultaneously or in serial
order, only if a clerk or member of the convened legislative body verbally announces the amount
of compensation or stipend that each member will be entitled to receive as a result of convening
the simultaneous or serial meeting of the second legislative body, as specified.
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 April 22, 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. Appr.
A.4 AB 229 (Zara) The Controller: Audits.
Existing law requires the Controller to superintend the fiscal concerns of the state. Existing law
requires the 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 prepared in this regard to be submitted to the Controller
within 9 months of the end 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 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 also require the Controller to develop a plan to review and report the financial
and compliance audits of local agencies, and to review and monitor the audit reports performed
by independent auditors, according to specified criteria. 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 (the reporting requirement would be repealed on
December 31, 2015).
ACWA Position: Watch Status: Asm. Loc. Gov
A5. AB 527 (R. Hernandez) Public Officials: financial interests.
Existing law prohibits Members of the Legislature, and state, county, district, judicial district,
and city officers or employees from being financially interested in any contract made by them in
their official capacity, or by anybody or board of which they are members. Existing law defines
a remote interest that does not present a prohibited conflict of interest under these provisions.
Existing law authorizes a body or board to make a contract that involves a remote interest of a
member of the body if, among other things, the remote interest is disclosed to the body or board
and noted in its official records, and thereafter the body or board authorizes, approves, or ratifies
the contract in good faith by a vote of its membership sufficient for the purpose without counting
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the vote or votes of the officer or member with the remote interest. Violation of these provisions
is a crime.
This bill would additionally require that the remote interest be disclosed at a public meeting of
that body or board and would require the counsel or other legal advisor of the body or board to
identify a statutory basis for classifying the interest as a remote interest.
ACWA Position: Watch Status: Asm. Loc. Gov.
A.6 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 of more than 5% for specified 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.7 AB 785 (Mendoza) Political Reform Act of 1974: public officers: contracts:
financial interest.
The Political Reform Act of 1974 (Act) prohibits a public official at any level of state or local
government from making, participating in making, or in any way attempting to use his or her
official position to influence a governmental decision in which he or she knows or has reason to
know he or she has a financial interest. A violation of the Act is subject to administrative, civil,
and criminal penalties.
This bill would provide, for purposes of this prohibition, that a public official who is an elected
or appointed member of any state or local body, board, or commission has a financial interest in
a decision if an immediate family member of the public official has a financial interest in the
decision, and would include a person lobbying on behalf of a party that has an order of business
before the body, board, or commission to be an agent of that party. This bill would define
"immediate family member" to include public official's spouse or domestic partner, children,
parents, siblings, and the spouse or domestic partner of a child, parent, or sibling.
ACWA Position: Watch Status: Asm. Elec. and Redistr.
A.8 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.
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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.9 SB 46 (Correa) Local government: compensation disclosure.
Existing provisions of the Political Reform Act of 1974 (Act) require certain persons employed
by agencies to file annually a written statement of the economic interests they possess during
specified periods. The Act requires that state agencies promulgate a conflict of interest code that
must contain, among other topics, provisions that require designated employees to file statements
disclosing reportable investments, business positions, interests in real property, and income. The
act requires that every report and statement filed pursuant to the act is a public record and is open
to public inspection.
This bill would, until January 1, 2019, require every person, except a candidate for public office,
who is required to file a statement of economic interests to include, as a part of that filing, a
compensation disclosure form that provides compensation information for the preceding calendar
year, as specified.
This bill would, until January 1, 2019, require each designated employee who is required to file
statements under a conflict of interest code to include, as a part of that filing, a compensation
disclosure form that provides compensation information for the preceding calendar year.
This bill would, until January 1, 2019, require each agency to post on that agency's web site the
information contained on the compensation disclosure form filed by the person required to file a
statement of economic interest or a designated employee, 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 emergency
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 a person's or a designated employee's compensation disclosure forms in one or
more publicly accessible databases, including specific proposals for establishment, operation,
oversight, and funding, as specified.
This bill would authorize the Bureau of State Audits to report to the Governor and the
Legislature regarding the implementation and effectiveness of this bill. This bill would also
authorize a district attorney or any interested person to commence an action by mandamus or
injunction to enforce the provision of the bill. Existing provisions of the act make a violation of
the act subject to administrative, civil, and criminal penalties. This bill would impose a state-
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mandated local program by imposing those criminal penalties on persons who violate the
provisions of the bill.
This bill would declare that it is to take effect immediately as an urgency statute.
ACWA Position: Not Favor Unless Amended Status: Sen. Gov. and Fin.
B. PUBLIC EMPLOYEE PENSION REFORM
B1. AB 340
The County Employees Retirement Law of 1937 (CERL) authorizes counties and districts, as
defined, to provide a system of retirement benefits to their employees. CERL defines
compensation earnable for the purpose of calculating benefits as the average compensation for
the period under consideration with respect to the average number of days ordinarily worked by
persons in the same grade or class of positions during the period, and at the same rate of pay, as
determined by the retirement board.
CERL generally provides that each person entering employment becomes a member of a
retirement system on the first day of the calendar month after his or her entrance into service,
unless otherwise provided by regulations adopted by the board. CERL permits people in certain
employment classifications the option to elect membership in the retirement system, including
elective officers, and prohibits membership for persons providing temporary technical or
professional services under contract.
CERL permits members of a county retirement system who have retired to be reemployed
without reinstatement into the system in certain circumstances including in a position requiring
special skills or knowledge.
This bill would prohibit a variety of payments including bonus payments, housing allowances,
severance pay, vehicle allowances, and payments for unused vacation, sick leave, or
compensatory time off, exceeding what may be earned and payable in a 12-month period, from
being included in compensation earnable. This bill would also prohibit any compensation
determined by the board to have been paid for the purpose of enhancing a member's retirement
benefit from being included in compensation earnable. This bill would except from this
prohibition compensation that a member was entitled to receive pursuant to a collective
bargaining agreement that was subsequently deferred or otherwise modified as a result of a
negotiated amendment of that agreement.
The bill would permit a member or employer to present evidence that compensation was not paid
for the purpose of enhancing a member's benefit and would permit the board to revise its
determination upon receipt of sufficient evidence to that effect. This bill would also require a
county or district, when reporting compensation to a retirement board, to identify the pay period
in which the compensation was earned regardless of when it was reported or paid. This bill
would authorize the board to assess a county or district a reasonable amount to cover the cost of
audit, adjustment, or correction, if it determines that a county or district knowingly failed to
comply with these requirements, as specified. This bill would authorize a retirement board to
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audit a county or district and to require a county or district to provide information, or make
information available for examination or copying at a specified time and place, to determine the
correctness of retirement benefits, reportable compensation, and enrollment in, and reinstatement
to, the system.
This bill would require a county or district that fails to enroll an employee into membership
within 90 days of when he or she becomes eligible, when the employer knows or should have
known that the person was eligible, to pay all costs in arrears for member contributions and
administrative costs of $500 per member. This bill would prohibit a person on and after January
1, 2012, who has been retired for service from a CERL retirement system from being
reemployed in any capacity without reinstatement into the system by a district or county
operating a county retirement system established under this CERL unless at least 180 days have
elapsed since the person's date of retirement, except as specified. This bill would also prohibit a
person whose employment without reinstatement is authorized under CERL from receiving
service credit for that employment. This bill would require that a retired member employed in
violation of provisions regarding employment without reinstatement to reimburse the retirement
system for any retirement allowance received during that period and pay for administrative
expenses incurred in responding to the violation.
ACWA Position: Not Favor Unless Amended Status: Asm. Pub. Employees, Ret. and SS
B.2 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
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B.3 AB 738 (Hagman) 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.
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.4 AB 1028 (Committee on Public Employees, State employees retirement.
Retirement and Social Security)
The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement
System (PERS), which provides a defined benefit to its members based on age at retirement,
service credit, and final compensation. PERL vests the Board of Administration of PERS with
management and control of the system. PERL sets forth the membership of the board, including
6 members elected under the supervision of the board, as specified. Under PERL, candidates for
or incumbents of those 6 elected seats are required to file campaign statements with the Secretary
of State no later than two days before the beginning of the ballot period, as determined by the
board for the period ending five days before the beginning of the ballot period, and no later than
January 10, for the period ending December 31.
The Political Reform Act of 1974 (PRA) expressly applies to candidates for elections to the
board and to committees that are formed primarily to support or oppose those candidates. The
PRA requires those members to file semiannual campaign statements each year no later than July
31 for the period ending June 30, and no later than January 31 for the period ending December
31. This bill would clarify that the filing provisions under the PRA would apply.
Except as authorized, PERL generally prohibits any person who has been retired under PERS
from being employed in any capacity unless he or she is first reinstated from retirement. PERL
authorizes a retired person to serve without reinstatement from retirement or loss or interruption
of benefits provided by PERS, upon appointment by the governing body of a contracting agency
to a position deemed by the governing body to be of a limited duration and requiring specialized
skills or during an emergency to prevent stoppage of public business. These appointments are
prohibited from exceeding a total for all employers of 960 hours in any fiscal year.
This bill would require that the appointment be an interim appointment to a vacant position
during recruitment for a permanent appointment and deemed by the governing body to require
specialized skills or during an emergency to prevent stoppage of public business. This bill would
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prohibit the compensation for the interim appointment from exceeding the maximum published
pay schedule for the vacant position. This bill would also prohibit a governing body of a
contracting agency from appointing a retired person under this provision more than once.
ACWA Position: Watch Status: Asm. Appr.
B.5 AB 1184 (Gatto) Public Employees' retirement benefits.
The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement
System (PERS), which provides a defined benefit to its employees based on age at retirement,
service credit, and final or highest compensation paid to the employee. Existing law authorizes
any public agency to participate in, and make its employees members of, PERS by contract. In
the case of an employee who has been employed by one or more contracting public agencies,
retirement benefits distributed to that employee are based on the highest final compensation
under any system, and each system makes a separate retirement payment to the employee based
upon the number of years that the employee worked for each of those agencies.
This bill would provide that the obligations for retirement benefits that are attributable to excess
compensation earned by a nonrepresented employee who was employed by one or more public
agencies shall be the sole obligation of the subsequent contracting agency that paid the excess
compensation. This bill would define "excess compensation" as the final compensation of an
employee of a contracting agency who previously worked for another contracting agency to the
extent the final compensation received from the current contracting agency is 15% or more in
excess of the salary paid by the prior contracting agency, as adjusted for actuarial increases in
that salary.
ACWA Position: Oppose Status: Asm. Pub. Employees, Ret. and SS
B.6 AB 1320 (Allen) Public employees' retirement: employer
Contribution rates.
The Public Employees' Retirement Law (PERL) prescribes employer contribution rates to the
retirement fund for the Public Employees' Retirement System (PERS). Existing law requires
that the state's contribution rate be adjusted in the Budget Act based on rates established by
PERS' actuary. Existing law provides that the employer contribution rate for an employer other
than the state shall be determined on an annual basis by the actuary, as specified. Existing law
requires that the rate at which a public employer contributes to the system shall be based upon its
experience and not the experience of public agency employers generally. Existing law requires
that all assets of an employer in PERS be used to determine the employer's contribution rate.
This bill would establish in the retirement fund for each employer a Taxpayer Adverse Risk
Prevention Account. The account would be an employer asset, but would not be counted as an
asset for the purpose of determining the employer's contribution rate. Deposits into the account
would be made with all or a portion of employer contributions when the actuarial value of assets
exceeds the present value of benefits, as specified. This bill would provide that the assets of the
account would be drawn upon to pay a portion of the employer contribution when the employer
contribution rate is greater than the normal cost of benefits, as specified. This bill would also
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provide that the employer contribution rate may be reduced, pursuant to a specified formula,
when the employer's Taxpayer Adverse Risk Prevention Account exceeds an amount equal to
50% of the employer's assets, exclusive of the assets in the Taxpayer Adverse Risk Prevention
Account. This bill would also permit assets in an account to be used for specified transfers and
contributions authorized under existing law and would provide that assets in an account would be
invested with other PERS assets.
ACWA Position: Watch Status: Asm. Pub. Employees, Ret. and SS
B.7 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: Watch Status: Sen. Appr.
B.8 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.9 SB 520 (Walters) Public employees' retirement: hybrid plan.
Existing law creates the Public Employees' Retirement System (System) which provides a
defined benefit to its members based on age at retirement, service credit, and final compensation.
This bill would require the Board of Administration of the System to create a hybrid retirement
plan for public employees who become members on or after January 1, 2012, that offers a
defined contribution plan and defined benefit plan for retirement for service and a defined benefit
plan for retirement for disability or for death. This bill would prohibit those plans from creating
a vested property right for the member with respect to any employer contributions before
retirement, as specified. This bill would prohibit those members from being eligible to enroll in
the defined benefit plan for retirement for service that existed before January 1, 2012.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
B.10 SB 521 (Walters) Public employees' benefits: postemployment
health care.
The Public Employees' Medical and Hospital Care Act (PEMHCA) permits a public employer
authorized by the Board of Administration (Board) of the Public Employees' Retirement System
to elect to participate in the prefunding of postemployment health care benefits and other
postemployment benefits for annuitants. Under PEMHCA, the governing body of a participating
employer is required to contract with the Board regarding the terms and conditions of that
employer's participation in the prefunding plan. PEMHCA establishes the Annuitants' Health
Care Coverage Fund in the State Treasury, as a trust fund and a retirement fund, which is
continuously appropriated to the Board for expenditure for the prefunding of health care
coverage for annuitants.
This bill would require the Board to determine the actuarially required contributions necessary to
ensure that postemployment health care benefits provided under PEMHCA are fully funded.
This bill would require an employee first hired on or after January 1, 2012, and his or her
employer, to each pay 50% of those actuarially required contributions, to be deposited into the
Annuitants' Health Care Coverage Fund. By creating a new source of revenue for deposit into a
continuously appropriated fund, the bill would make an appropriation.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
B.11 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.
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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.12 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: Sen. Pub. Employ. and Ret.
B.13 SB 524 (Walters) 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.
B.14 SB 525 (Walters) Public employees retirement: eligibility.
The Public Employees' Retirement Law provides a comprehensive set of rights and benefits
based upon age, service credit, and final compensation to members of the Public Employees'
Retirement System (System). Existing law prescribes different retirement formulas for different
membership classifications in the System, including for state patrol members, state safety
members, state peace officer/firefighter members, state industrial members, and state
miscellaneous members. These retirement formulas permit a member to retire at 50 years of age
with reduced benefits in comparison to a later retirement.
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This bill would prohibit a state employee who becomes a member of the System on and after
January 1, 2012, and who is not a state patrol member, a state safety member, or state peace
officer/firefighter member, from retiring for service prior to reaching 55 years of age.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
B.15 SB 526 (Walters) Public employees' retirement: final compensation.
The Public Employees' Retirement Law (PERL) creates the Public Employees' Retirement
System, which provides a defined benefit to its members based on age at retirement, service
credit, and final compensation. PERL defines "final compensation" for purposes of calculating a
member's retirement allowance. 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, for persons first hired on and after January 1, 2012, for the purpose of determining any
pension or benefit with respect to a public entity defined benefit retirement system, would
require that final compensation means the highest annual average compensation earnable by the
person during a consecutive 36-month period of membership, as specified. This bill would
prohibit the inclusion of credit for accrued leave of any form or credit for overtime work in the
calculation of final compensation, as specified.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
B.16 SB 527 (Walters) Public employee organizations: negotiations: pension
benefits.
The Meyers-Milias-Brown Act, the Ralph C. Dills Act, the provisions commonly referred to as
the Educational Employment Relations Act, and the Higher Education Employer-Employee
Relations Act each provide for the representation of state or local public employees by
recognized employee organizations, and provide that the scope of this representation includes
negotiations concerning wages, hours, and other terms and conditions of employment between
the state or local public employer and representatives of those employee organizations.
This bill would exclude matters relating to pension benefits from the scope of representation of
public employees by recognized employee organizations, and would thereby prohibit these
employee organizations from negotiating pension benefits with public employers, except for the
amount of employee contributions to the pension plans.
ACWA Position: Watch Status: Sen. Pub. Employ. and Ret.
C. LAFCO - SPECIAL DISTRICT CONSOLIDATION
ACWA advises that legislation will be introduced in the session to facilitate consolidation
of districts.
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D. SPECIAL DISTRICT REVENUES AND RESERVES
DA SB 449 (Pavley) Controller: local agency financial review.
Existing law requires certain local agencies to furnish reports to the Controller concerning
financial transactions of the local agency, subject to uniform accounting and reporting
procedures prescribed by the Controller. The Controller may provide for the investigation of
certain local agency finances if a report is not made in the time, form, and manner required or
there is reason to believe that a report is false, incomplete, or incorrect.
This bill would additionally authorize the Controller to conduct a preliminary review to
determine the existence of a local agency financial problem, and perform an audit upon
completion of that review, subject to specified criteria. This bill would require the Controller to
convene a local agency financial review committee with a specified membership, and authorize
the committee to recommend a financial recovery plan for a local agency requesting assistance.
It would require the Controller to report to the Legislature annually on the actions of the
committee and the status of all engagements with local agencies pursuant to these provisions.
This bill would specify that its provisions would be repealed on January 1, 2017.
ACWA Position: Support Status: Sen. Appr.
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING
EA AB 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 newly constructed
multiunit residential structure or a newly constructed mixed-use residential and commercial
structure that is not part of a common interest development, including a 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 or submeter to measure the water supplied to
each individual dwelling unit as a condition of new water service. 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: Asm. Hous. and Com. Dev.
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E.2 AB 275 (Solorio) Rainwater Capture Act of 2011.
The State Water Resources Control Board (SWRCB) and the California Regional Water Quality
Control Boards prescribe waste discharge requirements for stormwater in accordance with the
National Pollutant Discharge Elimination System (NPDES) permit program and the Porter-
Cologne Water Quality Control Act (Porter-Cologne). Existing law authorizes a city, county, or
special district to develop, jointly or individually, stormwater resource plans that meet certain
standards.
This bill would enact the Rainwater Capture Act of 2011, which would authorize residential,
commercial, and governmental landowners to install, maintain, and operate rain barrel systems,
as defined, and rainwater capture systems, as defined, for specified purposes, provided that the
systems comply with specified requirements.
The Contractors' State License Law, creates the Contractors' State License Board (CSLB) within
and provides for the licensing and regulation of contractors. Existing law authorizes a landscape
contractor working within the classification of his or her license to enter into a prime contract for
the construction of a swimming pool, spa, or hot tub, an outdoor cooking center, or an outdoor
fireplace, if certain conditions are met. Under existing law, a violation of these provisions and
related provisions of existing law is grounds for disciplinary action.
This bill would additionally authorize a landscape contractor working within the classification of
his or her license to enter into a prime contract for the construction of a rainwater capture system,
if the system is used for landscape irrigation. This bill would also authorize a landscape
contractor holding a specified classification to design and install all exterior components of a
rainwater capture system that are not a part of, or attached to, a structure.
ACWA Position: Watch Status: Asm. Wat. Parks and Wild.
E.3 AB 849 (Gatto) Water: use efficiency: graywater building standards.
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
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.
Existing law authorizes a city, county, or other local agency to adopt, after a public hearing and
enactment of an ordinance or resolution, building standards that prohibit entirely the use of
graywater, or building standards that are more restrictive than the graywater building standards
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adopted by the department and published in the California Building Standards Code. This bill
would repeal this authority.
ACWA Position: Watch Status: Printer
EA SB 744 (Wyland) Water submeters: testing.
Existing law requires that a person who uses, or intends to use, any weight or measure, or
weighing or measuring instrument for commercial purposes, to cause them to be sealed by a
sealer before using the same, unless they have been sealed before sale, in which case existing law
allows the purchaser to use them for the remainder of the period authorized by regulations
adopted by the Secretary of Food and Agriculture. There is within the Department of Food and
Agriculture the Division of Measurement Standards, which is designed to ensure the accuracy of
commercial weighing and measuring devices.
This bill would provide that any water submeter tested by a test bench that is regularly calibrated
by a cross-check measure shall be deemed to be sealed and approved for commercial use, as
specified, provided that the submeter satisfies certain criteria, including that the submeter is
otherwise a type approved by the Division of Management Standards.
Existing law regulates the utilization and repair of weighing or measuring devices. Under
existing law, for purposes of weighing and measuring devices, the term "placed in service"
means to permit the use of a device that has been tested and found to be correct, as specified, and
type approved, as provided, or to submit a device to a sealer for verification prior to installation.
Under existing law a device may only be placed in service by a sealer or a service agency.
This bill would provide that for the purposes of any applicable law or regulation relating to the
placing of a water submeter in service, including, but not limited to, the above provisions, no
water submeter shall be considered to have been put into service prior to its installation if the
water submeter is to be used in a multiunit residential structure.
ACWA Position: Favor Status: Sen. Bus. Prof. and Econ. Dev.
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
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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. The bill would make a declaration concerning the
compliance of those grantees with the bond act.
ACWA Position: Favor Status: Asm. Appr.
F.3 AB 576 (Dickinson) Delta Stewardship Council: Delta Plan: financing.
The Sacramento-San Joaquin Delta Reform Act of 2009 establishes the Delta Stewardship
Council (DSC), and requires the DSC, on or before January 1, 2012, to develop, adopt, and
commence implementation of a comprehensive management plan for the Sacramento-San
Joaquin Delta (Delta Plan), meeting specified requirements.
This bill would require the DSC to develop a long-term finance plan to pay for the costs of
implementing the Delta Plan by January 1, 2013. This bill would prohibit the DSC from
adopting new fees for these purposes unless authorized by statute. This bill would authorize the
DSC, before adopting and collecting long-term revenue sources, to seek to obtain early funding
contributions from entities that may benefit from implementation of the Delta Plan and to track
those contributions to provide credit against future funding requirements.
ACWA Position: Oppose Status: Asm. Wat., Parks and Wild.
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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 AB 963 (Valadao) Safe drinking water: contaminated groundwater.
The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006, an initiative bond act approved by the voters at the November 7,
2006, statewide general election, authorizes the issuance of bonds in the amount of
$5,388,000,000 for the purposes of financing a safe drinking water, water quality and supply,
flood control, and resource protection program. Existing law appropriates $180,000,000 of that
bond money for grants for small community drinking water system infrastructure improvements
and related actions to meet safe drinking water standards.
This bill would require the State Department of Public Health (DPH) to develop guidelines in
collaboration with the State Water Resources Control Board to fund projects for disadvantaged
or severely disadvantaged communities and to govern the selection of projects that considered
demonstrated prevention of illness and adverse public health effects in a community.
This bill would also require DPH to provide guidelines for improving replacement drinking
water systems in areas with contaminated groundwater that may not be economically remediated
for drinking water purposes and the acquisition of public water systems by local agencies as part
of a project to provide clean and safe water for small communities.
ACWA Position: Watch Status: Asm. Env. Safety and TM
F.6 SB 200 (Wolk) Sacramento-San Joaquin Delta: Bay Delta Conservation Plan.
Existing law imposes requirements on the Department of Water Resources in connection with
the preparation of a Bay Delta Conservation Plan (BDCP). The Delta Reform Act of 2009
requires the Delta Stewardship Council to consider the BDCP for inclusion in a specified Delta
Plan, and authorizes the incorporation of the BDCP into the Delta Plan if the BDCP meets
certain requirements.
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This bill would require any state agency that is responsible for authorizing or implementing any
action in implementation of the BDCP to ensure that the action is consistent with specified
requirements prescribed by the bill.
ACWA Position: Oppose Status: Sen. Nat. Res. and Wat.
F.7 SB 475 (Wright) Infrastructure financing.
Existing law authorizes a governmental agency, as defined, to solicit proposals and enter into
agreements with private entities for the design, construction, or reconstruction by, and lease to,
private entities, for specified types of fee-producing infrastructure projects. Existing law permits
these agreements to provide for infrastructure facilities owned by a governmental entity, but
constructed by a private entity, to be leased to or owned by that private entity for a period of up
to 35 years.
This bill would authorize a local governmental agency to enter into an agreement with a private
entity for financing for specified types of revenue-generating infrastructure projects. This bill
would require an agreement entered into under these provisions to include adequate financial
resources to perform the agreement, and would permit the agreements to lease or license to, or
provide other permitted uses by, the private entity for a term of up to 50 years, after which time
the project would revert to the governmental agency.
ACWA Position: Watch Status: Sen. Gov. and Fin.
G. WATER RESOURCES MANAGEMENT/WATER PROJECTS
G.1 AB 134 (Dickinson) Appropriation of water: Sacramento Regional County
Sanitation District.
Under existing law, the State Water Resources Control Board (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
of treated wastewater that the district discharges into the Sacramento River as specified. This
bill would also authorize the SWRCB to grant a permit to appropriate that treated wastewater
upon terms and conditions determined by it. This bill would require the SWRCB, prior to
granting a permit pursuant to these provisions, to comply with permit, approval, and review
requirements and other laws applicable to the appropriation of water.
ACWA Position: Oppose Status: Asm. Wat. Parks and Wild.
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G.2 AB 359 (Huffman) Groundwater management plans.
Existing law authorizes specified local agencies that provide water service to adopt and
implement a groundwater management plan. Existing law requires a local agency that elects to
develop a groundwater management plan to hold a hearing prior to adopting a resolution of
intention to draft a plan and, after the plan is prepared, to hold a second hearing to determine
whether to adopt the plan. Existing law requires the local agency to publish a specified notice
before each of these hearings.
This bill would require the local agency to provide a copy of a resolution of intention to the
Department of Water Resources (DWR) within 30 days of the date of adoption. This bill would
also require the local agency, upon written request, to provide a copy of the proposed
groundwater management plan to an interested person. This bill would additionally require the
local agency to provide each of those interested persons with a specified notice at least 30 days
prior to the commencement of the second hearing to determine whether to adopt the plan.
Finally, this bill would require DWR to post on its website the information DWR possesses
regarding the local agencies that have jurisdiction to develop groundwater management plans.
Existing law requires a local agency seeking specified state funds for certain groundwater
projects to include in a groundwater management plan various components, including
components relating to the monitoring and management of groundwater levels within the
groundwater basin.
ACWA Position: Watch Status: Asm. Loc. Gov.
G.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: Asm. Wat., Parks and Wild.
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GA AB 627 (B. Berryhill) State Water Resources Development System: Delta
Corridors Plan: feasibility
The Department of Water Resources (DWR) operates the State Water Resources Development
System (System) that includes dams, reservoirs, and other infrastructure. This bill would require
the DWR to undertake an expedited evaluation and feasibility study with regard to the
implementation of a specified Delta Corridors Plan as part of the System. This bill would
require the DWR to consult with the Department of Fish and Game to study specified impacts
and benefits of the Delta Corridors Plan and to include in the study an assessment of the
incorporation of the Two-Gates Fish Protection Demonstration Project managed by the United
States Bureau of Reclamation into the Delta Corridors Plan.
The DWR would be required to prepare and submit to the Legislature, on or before January 1,
2013, a report that includes its feasibility findings. If the DWR determines the implementation
of the plan is feasible, they would be required to include recommendations with regard to
specific facilities to be constructed, and to identify potential funding sources, for the purposes of
implementing the plan.
ACWA Position: Not Favor Status: Asm. Wat. Park and Wild.
G.5 SB 224 (Pavley) Public contracts: Department of Water Resources.
Existing law provides that all contracts entered into by any state agency for goods, services, or
other specified activities are void unless and until approved by the Department of General
Services. That law exempts certain transactions and contracts from that law, as specified.
This bill would also exempt from that law specified contracts entered into by the Department of
Water Resources
ACWA Position: Oppose Unless Amended Status: Sen. Nat. Res. and Water
G.6 SB 834 (Wolk) Integrated regional water management plans:
contents.
The Integrated Regional Water Management Planning Act of 2002 (Act) authorizes a regional
water management group, as defined, to prepare and adopt an integrated regional water
management plan. The Act requires an integrated regional water management plan to address
specified water quality and water supply matters.
This bill would additionally require an integrated regional water management plan to
demonstrate the manner in which the plan complies with a specified state policy concerning
reducing reliance on the Sacramento-San Joaquin Delta for water supply and improving regional
self-reliance for water, if the region covered by the plan receives water from the Delta watershed.
ACWA Position: Oppose Unless Amended Status: Sen. Nat. Res. and Water
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H. BROWN ACT/PUBLIC RECORDS/ETHICS
H.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 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.
H.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
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 records of all elected members of the local agency on
the local agency's web site, if any, and to submit a copy of the records to the Controller within
15 days of receiving the records.
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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 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.
H.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 require the legislative body of a local agency to post the agenda and specified
staff generated reports that relate to items on the agenda on its web site, if any, as specified. This
bill would also require the legislative body of the local agency, if it does not have a web site, to
disclose on the posted agenda a public location where the agency would make an applicable staff
generated report available for copying and inspection by a member of the public for at least 72
hours prior to the meeting. This bill would prohibit the legislative body from acting on or
discussing an item on the agenda for which a related staff generated report was not properly
disclosed at least 72 hours prior to the meeting, except as provided.
ACWA Position: Oppose Status: Asm. Loc. Gov.
HA AB 1241(Norby) Political Reform Act of 1974: contributions.
The Political Reform Act of 1974 (PRA) regulates contributions to public officials and also
regulates conflicts of interests on the part of public officials while carrying out their respective
duties. Among its provisions, the PRA prohibits an officer (defined to include any elected or
appointed officer) of an agency from accepting, soliciting, or directing a contribution of more
than $250 from a parry or participant in a proceeding involving a license, permit, or other
entitlement for use while that proceeding is pending before the agency and for three months
following the final decision in the proceeding.
This bill would change the definition of "officer" to exclude an elected officer of the agency.
ACWA Position: Favor Status: Asm. Elec. and Redistr.
H.5 SB 31 (Correa) Local government: lobbyist registration.
The Political Reform Act of 1974 provides for the comprehensive regulation of lobbyists. This
bill would enact a comprehensive scheme to regulate lobbying entities, as defined, that lobby
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local government agencies, including requirements to register and make periodic reports
regarding certain lobbying activities.
This bill would require each local government agency to create a commission to implement and
enforce the provisions of the bill. This bill would also provide that any person who knowingly or
willingly violates a provision of the bill, knowingly or willfully causes any other person to
violate any provision of the bill, or knowingly or willfully aides and abets any other person in
violation of any provision of the bill is guilty of a misdemeanor.
ACWA Position: Oppose Status: Sen. Elec. and Const. Am.
H.6 SB 415 (Wright) Political Reform Act of 1974: investigations.
The Political Reform Act of 1974 (PRA) provides for the comprehensive regulation of campaign
financing, lobbyists, conflicts of interest of public officials, and related matters, and establishes
the Fair Political Practices Commission (Commission) to enforce the PRA's provisions. The
Commission is charged with the responsibility to investigate, upon the sworn complaint of any
person or upon its own initiative, possible violations of the PRA relating to any agency, official,
election, lobbyist, or legislative or administrative action.
This bill would require the Commission to notify any person who is the subject of an
investigation by the Commission of the investigation at least 24 hours before the Commission
makes any information regarding the investigation available to the public.
ACWA Position: Not Favor Status: Sen. Elec. and Const. Am.
H.7 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. Elec. and Const. Am.
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,
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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. Appr.
1.2 AB 195 (R. Hernandez) Local public employee organizations.
The Meyers-Milias-Brown Act provides for the representation of local public employees by
employee organizations and for the execution of memoranda of understanding between those
organizations and local public agencies. The act prohibits a public agency or an employee
organization from, among other things, intimidating, coercing, or discriminating against
employees because they have chosen to join, or not join, an employee organization.
This bill would instead prohibit a public agency from, among other things, imposing reprisals on
or discriminating against employees because of their exercise of rights guaranteed by the act,
refusing or failing to meet and negotiate in good faith with a recognized employee organization,
or refusing to participate in good faith in an applicable impasse procedure. This bill would
declare the intent of the Legislature that these provisions are technical and clarify existing law.
ACWA Position: Oppose Status: Asm. Pub. Employees, Ret. and SS
1.3 AB 400 (Ma) Employment: paid sick days.
Existing law authorizes employers to provide their employees paid sick leave. This bill would
provide that an employee who works in California for seven or more days in a calendar year is
entitled to paid sick days, which shall be accrued at a rate of no less than one hour for every 30
hours worked. An employee would be entitled to use accrued sick days beginning on the 90th
calendar day of employment.
This bill would also require employers to provide paid sick days, upon the request of the
employee, for diagnosis, care, or treatment of health conditions of the employee or an employee's
family member, or for leave related to domestic violence or sexual assault. An employer would
be prohibited from discriminating or retaliating against an employee who requests paid sick days.
This bill would additionally require employers to satisfy specified posting and notice and
recordkeeping requirements.
ACWA Position: Not Favor Status: Asm. Jud.
1.4 AB 646 (Atkins) Local public employee organizations: impasse
procedures.
The Meyers-Milias-Brown Act (Act) contains various provisions that govern collective
bargaining of local represented employees, and delegates jurisdiction to the Public Employment
Relations Board (Board) to resolve disputes and enforce the statutory duties and rights of local
public agency employers and employees. The Act requires the governing body of a public
agency to meet and confer in good faith regarding wages, hours, and other terms and conditions
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of employment with representatives of recognized employee organizations. Under the Act, if the
representatives of the public agency and the employee organization fail to reach an agreement,
they may mutually agree on the appointment of a mediator and equally share the cost. If the
parties reach an impasse, the act provides that a public agency may unilaterally implement its
last, best, and final offer.
This bill would instead provide that if the parties fail to reach an agreement, either party may
request that the Board appoint a mediator, and would require the Board, if it determines that an
impasse exists, to appoint a mediator at the Board' s expense. This bill would authorize either
parry to request that the matter be submitted to a factfinding panel if the mediator is unable to
effect settlement of the controversy within 15 days and declares that factfinding is appropriate.
This bill would require that the factfinding panel consist of one member selected by each party as
well as a chairperson selected by the Board or by agreement of the parties. The factfinding panel
would be authorized to make investigations and hold hearings, and to issue subpoenas requiring
the attendance and testimony of witnesses and the production of evidence. This bill would
require all political subdivisions of the state to comply with the panel's requests for information.
This bill would require, if the dispute is not settled within 30 days, the factfinding panel to make
findings of fact and recommend terms of settlement, for advisory purposes only. The bill would
require that these findings and recommendations be first issued to the parties, but would require
the public agency to make them publicly available within 10 days after their receipt. This bill
would also provide for the distribution of costs associated with the factfinding panel, as
specified.
Finally, this bill would specify that these provisions shall not prevent the parties from utilizing
their own negotiated and mutually agreed-upon mediation and factfinding procedures at their
own expense.
ACWA Position: Oppose Status: Asm. Pub. Employees, Ret. and SS
1.5 AB 1399 (Committee on Labor and Employment records: right to inspect.
Employment)
Under existing law, an employee has the right to inspect the personnel records that his or her
employer maintains relating to the employee's performance or to any grievance concerning the
employee.
This bill would require an employer to maintain personnel records for a specified period of time
and to provide a current or former employee, or his or her representative, an opportunity to
inspect and make copies of those records within a specified period of time. In addition, in the
event an employer violates these provisions, this bill would permit a current or former employee
or the Labor Commissioner to recover a penalty of $750 from the employer, and would further
permit a current or former employee to obtain injunctive relief and attorney's fees.
ACWA Position: Not Favor Unless Amended Status: Asm. Lab. and Employ.
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1.6 SB 883 (Correa) Employers: good faith defense.
The Department of Labor Standards Enforcement is generally charged with enforcing
employment statutes and regulations, either in administrative actions or through litigation. An
employer may face administrative sanctions, civil fines and penalties, and criminal penalties for
violations of employment statutes or regulations.
This bill would permit an employer to raise as an affirmative defense that, at the time of an
alleged violation, the employer was acting in good faith and in compliance with or reliance upon
an applicable employment statute or regulation.
ACWA Position: Watch Status: Sen. Lab. and Employ.
1.7 SB 931 (Vargas) Public employee organizations.
The Meyers-Milias-Brown Act, the Ralph C. Dills Act, the Educational Employment Relations
Act, and the Higher Education Employer-Employee Relations Act each provide for negotiations
concerning wages, hours, and other terms and conditions of employment between a state or local
public employer and representatives of recognized employee organizations. Those acts prohibit
public employers from, among other things, intimidating, coercing, or discriminating against
employees because of their exercise of rights guaranteed under the acts, as specified.
This bill would additionally prohibit public agencies from using public funds to pay outside
consultants or legal advisors for the purpose of counseling the public employer about ways to
minimize or deter the exercise of rights guaranteed under Government Code Sections 3500-3511.
ACWA Position: Oppose Status: Sen. Pub. Employ and Ret.
J. PUBLIC WORKS/CONTRACTS
J.1 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.
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
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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.
J.3 AB 987 (Grove) Public works: prevailing wages.
Existing law defines the term "public works" for purposes of requirements regarding the
payment of prevailing wages, the regulation of working hours, and the securing of workers'
compensation for public works projects. Existing law further requires that, except as specified,
not less than the general prevailing rate of per diem wages must be paid to workers employed on
public works projects, and imposes misdemeanor penalties for a violation of this requirement.
This bill would specify that workers must be employed directly at the site of the work to be
deemed employed upon public work. This bill would exempt from the prevailing wage
requirements public works projects of less than $100,000 (raising the current limit of $1,000).
The bill would also exempt from the prevailing wage requirements a public work project of a
local agency that adopts a resolution or ordinance, as specified.
The bill would also exempt from the definition of "public works," for purposes of the prevailing
wage requirements, work performed during the design and preconstruction phases of
construction, including inspection and land surveying work and would delete provisions of
existing law specifying that "public works" includes the hauling of refuse from a public works
site to an outside disposal location. T his bill would delete from existing law exclusions from the
requirements of public works and prevailing wage laws for work done on certain private
development projects, affordable housing units for low- or moderate-income persons, privately-
owned residential projects, qualified residential rental projects, single-family residential projects,
and low-income housing projects.
ACWA Position: Favor Status: Asm. Lab. and Employ.
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).
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This bill would authorize a LAFCO to approve or disapprove the annexation of territory served
by a mutual water company into the jurisdiction of a city, a public utility, or a special district that
operates a public water system, with the consent of the respective public agency or public utility
and mutual water company. This bill would also authorize a LAFCO to include in a MSR, a
review of whether the agencies under review comply with safe drinking water standards.
ACWA Position: Watch Status: Asm. Env. Safety and TM.
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
district attorney, a city attorney of a city with a population that exceeds 750,000, or a city
attorney for a city and county. This bill would authorize a district attorney or a city attorney to
pursue judicial enforcement only after approval by the Attorney General of an application for
judicial enforcement.
This bill, with specified exceptions, would additionally authorize a district attorney, a city
attorney of a city with a population that exceeds 750,000, or a city attorney for a city and county,
upon approval by the Attorney General, to bring civil actions under the act, and would make
conforming changes to those petition provisions.
ACWA Position: Not Favor Status: Asm. Env. Safety and TM.
K.3 AB 403 (Campos) Public Drinking Water Standards: Hexavalent 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. Existing law requires the department to
report to the Legislature on the progress in developing a primary drinking water standard for
hexavalent chromium by January 1, 2003. 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 require DPH to report to the Legislature
annually on the progress and any delays caused by other agencies, as specified. This bill would
authorize DPH to adopt a primary drinking water standard for hexavalent chromium without a
required report or review from another state agency after 90 days from the date DPH requests the
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report or review and would require the delaying state agency to report the reason for the delay to
the Legislature.
ACWA Position: Watch 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,
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 establish a presumption of compliance if the public water system
has utilized specified data to provide notice. This bill would also authorize and encourage
nonwritten notice be provided through foreign language media outlets.
ACWA Position: Oppose Unless Amended Status: Asm. Env. Safety and TM
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K.6 AB 964 (Huffman) State Water Pollution Control Revolving Fund:
Onsite sewer improvement projects.
Existing law continuously appropriates state and federal funds in the State Water Pollution
Control Revolving Fund to the State Water Resources Control Board (SWRCB) to provide
financial assistance for the construction of publicly owned treatment works by a municipality,
the implementation of a specified management program, the development and implementation of
a specified conservation and management plan, and other related purposes in accordance with the
federal Clean Water Act and the state Porter-Cologne Water Quality Control Act.
This bill would require financial assistance provided from the fund for onsite sewer
improvements, as defined, to be provided only for projects for which a public agency has
adopted a sewer system management plan that includes a prescribed 10-year plan for sewer
upgrades. This bill, commencing January 1, 2013, would require a public agency receiving
financial assistance from the fund for that purpose to report annually to the SWRCB on its
progress with respect to developing and implementing a 10-year plan for sewer upgrades.
ACWA Position: Oppose Status: Asm. Env. Safety and TM
K.7 AB 1048 (Harkey) Water quality: recycled water and wastewater: fluoride.
Under the Porter-Cologne Water Quality Control Act (Act), the State Water Resources Control
Board (SWRCB) and the 9 California regional water quality control boards are the principal state
agencies with responsibility for the coordination and control of water quality in the state. The
Act requires the SWRCB to formulate and adopt state policies for water quality control, and
requires the regional boards to adopt regional water quality control plans in compliance with the
state policies.
This bill would require the SWRCB, on or before July 1, 2012, to adopt a statewide policy
establishing standards for levels of fluoride in recycled water and wastewater, as specified. This
bill would also require the SWRCB to provide direction to the regional boards to revise their
respective regional water quality control plans to ensure consistency with that statewide policy.
ACWA Position: Favor 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
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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 the names of the 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.
ACWA Position: Favor Status: Asm. Appr.
L.3 SB 241 (Cannella) Environment: California Environmental Quality
Act (CEQA).
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 to adopt a negative declaration/mitigated negative declaration on certain projects, as
defined.
The bill would enact the CEQA Litigation Protection Pilot Program of 2011 and would require
the Business, Transportation and Housing Agency to select projects that meet specified
requirements from specified regions for each calendar year between 2012 and 2016. This bill
would exempt from judicial review, pursuant to CEQA, a lead agency's decision to certify the
EIR of, or to adopt a mitigated negative declaration based on an initial study for, the selected
projects, a lead agency's and responsible agency's approval of the selected project, and the
Business, Transportation and Housing Agency's selection of the projects.
This bill would require the Business, Transportation and Housing Agency, by December 31 of
each year, to submit an annual report to the Governor and to the Legislature summarizing the
designation of projects, and the job creation and investment attributable to the designated
projects. This bill would repeal the pilot program as of January 1, 2017.
ACWA Position: Watch Status: Sen. Env. Qual.
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LA SB 683 (Correa) Environment: California Environmental Quality Act:
noncompliance allegations
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 to adopt a negative declaration/mitigated negative declaration on certain projects, as
defined. CEQA provides for a public review period for the public to review a draft EIR,
proposed negative declaration, or proposed mitigated negative declaration. CEQA requires a
lead agency to evaluate and respond to comments on a draft EIR, proposed negative declaration,
or proposed mitigated negative declaration made during the public review period. CEQA
requires an action or proceeding alleging noncompliance with its requirements to be based on
grounds that were presented to the public agency orally or in writing by any person unless the
person objected to the approval of the project orally or in writing, during the public comment
period provided under CEQA or prior to the close of the public hearing on the project before the
issuance of a notice of determination for the project.
This bill instead would prohibit these actions or proceedings unless the oral or written
presentation or objection occurs during the public comment period provided under CEQA or
prior to the close of the public hearing on the project before the filing, rather than issuance, of the
notice of determination.
ACWA Position: Favor Status: Sen. Env. Qual.
M. SPECIFIC AGENCIES AND/OR PROJECTS
M.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
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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) California Water Resources Investment Act of 2011
Under existing law, various measures provide funding for water resources projects, facilities, and
programs. This bill would enact the California Water Resources Investment Act of 2011 to
finance a water resources investment program. To finance the program, the bill would impose on
each retail water supplier in the state an annual charge based on the volume of water provided in
its service area that is provided for nonagricultural uses and an annual charge based on each acre
of land within its service area that is irrigated for agricultural purposes.
This bill would require the State Board of Equalization to collect the charges from retail water
suppliers in accordance with the Fee Collection Procedures Law, and would authorize the State
Board of Equalization and the Department of Water Resources to adopt and enforce regulations
for the administration and enforcement of the charges and related requirements as emergency
regulations.
This bill would require the revenues of the charges collected for purposes of the water resources
investment program to be deposited in the California Water Resources Investment Fund, which
would be established by the bill. This bill would establish a State Investment Account and an
unspecified number of regional investment accounts within the fund, and would require 50% of
the moneys deposited in the fund to be transferred to the State Investment Account and 50% of
the moneys deposited in the fund to transferred to the regional investment accounts based on the
amount of charges collected within each unspecified funding region established by the bill.
This bill would require the moneys in each of the regional investment accounts to be available,
upon appropriation by the Legislature, for purposes of providing funding for public benefits of
water-related projects and programs, consistent with prescribed requirements. This bill would
require the moneys in the State Investment Account to be expended, upon appropriation by the
Legislature, for administration of the water resources investment program and to fund public
benefits of specified water-related projects and programs, including statewide water resources
projects, the operating expenses of the Delta Stewardship Council and the Delta Plan adopted by
the council, projects that reduce the impacts of mercury contamination in the Sacramento-San
Joaquin Delta, specified scientific studies and assessments, debt service on general obligation
bonds for projects and programs that provide statewide and interregional public benefits, and
other unspecified purposes.
This bill would constitute a change in state statute that would result in a taxpayer paying a higher
tax within the meaning of Section 3 of Article XIII A of the California Constitution, and this
would require for passage the approval of 2/3 of the membership of each house of the
Legislature.
ACWA Position: Oppose Status: Sen. Gov. and Fin.
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M.3 SB 52 (Steinberg) Water quality: Sacramento Regional County Sanitation
District.
This bill would appropriate $50 million to the Department of Water Resources (D)WR) from two
bond sources: the Disaster Preparedness and Flood Prevention Bond Act of 2006 (Prop 1E), and
the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection
Bond Act of 2006 (Prop 84).
DV-/R 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.
MA SB 512
Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public
utilities, including electrical corporations, as defined. Existing law authorizes a local
government, as defined, to receive a bill credit, as defined, to be applied to a designated
benefiting account for electricity exported to the electrical grid by an eligible renewable
generating facility (defined as a facility that has a generating capacity of no more than one
megawatt). Existing law also requires the PUC to adopt a rate tariff for the benefiting account.
This bill would expand the definition of an eligible renewable generating facility for the purposes
of these provisions to include a facility that has a generating capacity of no more than 5
megawatts.
ACWA Position: No Position Status: Sen. Appr.
M.5 SB 701 (Calderon) Central Basin Municipal Water District directors: 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. This bill would require the
Board of Directors of CBMWD to consist of seven (7) directors.
ACWA Position: Not Favor Status: Sen. Nat. Res. and Water
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INDEX
A. "CITY OF BELL" BILLS .................................................................................................2
AB 23 (Smyth) .................................................................................................................................2
AB 162 (Smyth) ...............................................................................................................................2
AB 182 (Davis) ................................................................................................................................2
AB 229 (Lara) ..................................................................................................................................3
AB 527 (R.Hernandez) 3
AB 582 (Pan) ...................................................................................................................................4
AB 785 (Mendoza) ..........................................................................................................................4
AB 1287 (Buchanan) .......................................................................................................................4
SB 46 (Correa) .................................................................................................................................5
B. PUBLIC EMPLOYEE PENSION REFORM 6
AB 340 (Furutani) ...........................................................................................................................6
AB 344 (Furutani) ...........................................................................................................................7
AB 738 (Hagman) ...........................................................................................................................8
AB 1028 (Committee on Public Employees, Retirement and Social Security) 8
AB 1184 (Simitian) .........................................................................................................................9
AB 1320 (Allen) ..............................................................................................................................9
SB 27 (Simitian) ............................................................................................................................10
SB 322 (Negrete Mcloud) ..............................................................................................................10
SB 520 (Walters) ...........................................................................................................................11
SB 521 (Walters) ...........................................................................................................................11
SB 522 (Walters) ...........................................................................................................................11
SB 523 (Walters) ...........................................................................................................................12
SB 524 (Walters) ...........................................................................................................................12
SB 525 (Walters) ...........................................................................................................................12
SB 526 (Walters) ...........................................................................................................................13
SB 527 (Walters) ...........................................................................................................................13
C. LAFCO-SPECIAL DISTRICT CONSOLIDATION ...................................................13
D. SPECIAL DISTRICT REVENUES, RESERVES AND FUNDING ..........................14
SB 449 (Pavley) .............................................................................................................................14
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING ..................14
SB AB 19 (Fong) ...........................................................................................................................14
AB 275 (Solorio) ...........................................................................................................................15
AB 849 (Gatto) ..............................................................................................................................15
SB 744 (Wyland) ...........................................................................................................................16
F. INFRASTRUCTURE FINANCING ..............................................................................16
AB 157 (Jeffries) ...........................................................................................................................16
AB 467 (Eng) .................................................................................................................................17
AB 576 (Dickinson) .......................................................................................................................17
AB 685 (Eng) .................................................................................................................................18
AB 963 (Valadao) ..........................................................................................................................18
SB 200 (Wolk) ...............................................................................................................................18
SB 475 (Wright) ............................................................................................................................19
G. WATER RESOURCES MANAGEMENT/WATER PROJECTS ............................19
AB 134 (Dicksinson) .....................................................................................................................19
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AB 359 (Huffman) .........................................................................................................................20
AB 550 (Huber) 20
AB 62 (B. Berryhill) ......................................................................................................................21
SB 224 (Pavley ..............................................................................................................................21
SB 834 (Wolk) ...............................................................................................................................21
H. BROWN ACT/PUBLIC RECORDS/ETHICS 22
AB 71 (Huber) 22
AB 148 (Smyth) .............................................................................................................................22
AB 392 (Alejo) ..............................................................................................................................23
AB 1241 (Norby) ...........................................................................................................................23
SB 31 (Correa) ...............................................................................................................................23
SB 415 ...........................................................................................................................................24
SCA 7 (Yee) ..................................................................................................................................24
1. LABOR, EMPLOYMENT AND BENEFITS ................................................................24
AB 22 (Mendoza) 24
AB 195 (R. Hernandez) 25
AB 400 (Ma) ..................................................................................................................................25
AB 646 (Atkins) ............................................................................................................................25
AB 1399 (Committee on Labor and Employment) .......................................................................26
SB 883 (Correa) .............................................................................................................................27
SB 931 (Vargas) ............................................................................................................................27
J. PUBLIC WORKS/CONTRACTS ..................................................................................27
AB 356 (Hill) .................................................................................................................................27
AB 457 (Wagner) ..........................................................................................................................27
AB 987 (Grove) 28
K. WATER QUALITY/POLLUTION ...............................................................................28
AB 54 (Solorio) .............................................................................................................................28
AB 246 (Wieckowski) 29
AB 403 (Campos) 29
AB 741 (Huffman) .........................................................................................................................30
AB 938 (V Manual Perez) 30
AB 964 (Huffman) .........................................................................................................................31
AB 1048 (Harkey) .........................................................................................................................31
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES ..........................31
AB 83 (Jeffries) 31
AB 320 (Hill) .................................................................................................................................32
SB 241 (Cannella) .........................................................................................................................32
SB 683 (Correa) .............................................................................................................................33
M. SPECIFIC AGENCIES AND/OR PROJECTS 33
AB 954 (Calderon) ........................................................................................................................33
SB 34 (Simitian) 34
SB 52 (Steinberg) ..........................................................................................................................35
SB 701 (Calderon) .........................................................................................................................35
37
ITEM NO. 3.6
AGENDA REPORT
Meeting Date: May 18, 2011
Subject: General Counsel's Monthly Summary Report
ATTACHMENTS:
Name: Dosciiption: a ype:
Kidman Billing Chart Summary.xlsx Counsel's Summary Report Backup Material
YORBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2010-2011
MONTHLY SUMMARY BILLING CHART
BILLING MONTH: April 2011
Matter Task Order Current Billing Total Billed to Date Total Billed 2009-2010
Name Amount April 30, 2011 Current Fiscal Year Prior Fiscal Year
CONSTRUCTION CONTRACTS N/A $2,824.65 $6,964.27 $7,324.60
OCWD ANNEXATION N/A $635.00 $2,447.50 $5,664.81
FREEWAY COMPLEX FIRE LITIGATION (See note below) $11,297.00 $63,966.71 $61,733.97
NON-CONSTRUCTION AGREEMENTS $11,000.00 $4,162.79 $15,384.92
CELL TOWERS $3,417.50 $2,033.40
WATER RATES/WATER CONSERVATION $10,000.00 $14,746.50 $15,159.35
CITY SEWER SYSTEM $20,000.00 (See note below) $15,097.36 $12,249.50 $0.00
RETAINER $2,000.00 $20,000.00 $25,000.00
MISCELLANEOUS ITEMS $814.24
SUBTOTAL $5,459.65 $128,769.01 $132,301.05
Other Allocated Expenses Not Pertaining to
Current Year Open Projects 2010-2011 $0.00 $0.00 $39,331.03
TOTAL_ 1 $5,459.65 $128,769.01 $171,632.08
Kidman, Behrens & Tague LLP
Summary of Monthly and FYTD Charges
Month of
April-11
General Services 5,459.65
Capital Project Related Servcies 3,690.00
Total -April $9,149.65
YTD through
April-11
General Services 128,769.01
Capital Project Related Servcies 29,228.35
Total - YTD $157,997.36
Note: These amounts are currently not included in the total, pending authorization discussion and justification.