HomeMy WebLinkAbout2011-07-19 - Executive-Administrative-Organizational Committee Meeting Agenda Packet
Yorba Linda
Water District
AGENDA
YORBA LINDA WATER DISTRICT
EXEC-ADMIN-ORGANIZATIONAL COMMITTEE MEETING
Tuesday, July 19, 2011, 4:00 PM
1717 E Miraloma Ave, Placentia CA 92870
COMMITTEE STAFF
Director Michael J. Beverage, Chair Steve Conklin, Engineering Manager
Director Phil Hawkins Damon Micalizzi, Public Info Officer
1. PUBLIC COMMENTS
Any individual wishing to address the committee is requested to identify themselves and state the matter on
which they wish to comment. If the matter is on this agenda, the committee Chair will recognize the individual for
their comment when the item is considered. No action will be taken on matters not listed on this agenda.
Comments are limited to matters of public interest and matters within the jurisdiction of the Water District.
Comments are limited to five minutes.
2. DISCUSSION ITEMS
This portion of the agenda is for matters such as technical presentations, drafts of proposed policies, or similar
items for which staff is seeking the advice and counsel of the Committee members. This portion of the agenda
may also include items for information only.
2.1. Status Report on Negotiations with OCTA for Lakeview Grade Separation Project
2.2. Board Tablet PC Reimbursement Policy
2.3. YLWD Contracts Review
2.4. Status Report on Committee Specific Strategic Plan Initiatives
2.5. Third Report on 2011 Legislative Bills
2.6. General Counsel's Monthly Summary Report
2.7. Consultant/Lobbyist Services
2.8. Future Agenda Items and Staff Tasks
3. ADJOURNMENT
3.1. The next regular meeting of the Executive-Administrative-Organizational Committee will
be held August 16, 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: July 19, 2011 Budgeted: Yes
Total Budget: $700,000
To: Executive-Administrative- Cost Estimate: $700,000
Organizational Committee
Funding Source: Water Capital
Reserves
Job No: J-2010-02
Presented By: Steve Conklin, Engineering Dept: Engineering
Manager
Reviewed by Legal: N/A
Prepared By: Steve Conklin, Engineering CEQA Compliance: N/A
Manager
Subject: Status Report on Negotiations with OCTA for Lakeview Grade Separation
Project
SUMMARY:
The Orange County Transportation Authority (OCTA) is the lead agency for the planned Lakeview
Bridge over Orangethorpe Avenue and the adjacent BNSF Railroad tracks. As part of the project, it
will be necessary to replace and relocate the District's water lines in Lakeview Avenue through the
project area. District staff has been in discussions with OCTA over the last year as to how much of
the cost of the relocation and replacement the District must pay for, with a total cost of District
facilities in the range of $1 million.
On July 6, 2011, District staff and legal counsel met with OCTA staff and counsel to discuss project
issues and documentation prepared by the District's legal counsel and by First American Title
Insurance Company. District staff will brief the EAO Committee on the outcome of the meeting and
solicit input and direction on next steps with OCTA.
ITEM NO. 2.2
AGENDA REPORT
Meeting Date: July 19, 2011 Budgeted: Yes
Total Budget: $6,500
To: Executive-Administrative- Cost Estimate: $6,500
Organizational Committee
Funding Source: Operating Funds
Account No: 1-1010-0580-00
(0600-00)
Presented By: Steve Conklin, Engineering Dept: Board of Directors
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Board Tablet PC Reimbursement Policy
SUMMARY:
At the direction of the Board, staff has developed a draft policy for the acquisition of Apple iPads,
similar tablet devices or PCs for the Board of Directors to receive and review digital District Board
agenda packets and other District documents, eliminating the need to copy and mail paper agenda
packets weekly. A copy of the draft policy is attached.
DISCUSSION:
On June 21, 2011, the Committee reviewed the Orange County Water District's (OCWD) one-time
reimbursement program for OCWD's Board of Directors. The OCWD Board approved this program
at their meeting on March 16, 2011.
The Committee suggested staff review other agencies' programs and consider a communications
allowance whereby individual Board members select and purchase a device of their choosing and
take responsibility for its maintenance and operations. The Board approved funds in the FY 2011/12
budget to support this program in the amount of $1,300 for each Director over the next fiscal year.
This includes $1,000 toward the purchase of an electronic device of their choice and $300 per year
towards the data service of their choice. Under the proposed program, staff anticipates a net
savings in operational expenses due to reduced staff time, paper, toner and gasoline over the two-
year life expectancy of these devices.
Of note in the attached Tablet PC Reimbursement Policy is that the purchase and reimbursement of
a Tablet PC is voluntary. For those Directors that do choose to participate, the cost reimbursed by
the District is fully taxable. Staff recently found that Central Basin MWD adopted a similar policy and
that benefits received are taxable.
As an alternative approach, in order to avoid individuals being taxed, the District would have to own
the devices, require that they be used by all of the Directors as part of the Directorship and that they
be solely maintained by the District (which will require additional staff time). Customization would
not be possible for the individual user, nor would any personal use be allowed. As District property,
they would also be subject to the Brown Act, and would require specific rules, such as not being
able to delete any emails that were received.
ATTACHMENTS:
Name: IDes-r[ptian: o ype:
Tablet PC Reimbursement Policy.docx Draft Tablet PC Reimbursement Policy Backup Material
Yorba Linda
Water District
Policies and Procedures
Policy No.: 7010-10-XX
Effective Date: August XX, 2011
Prepared By: Cindy Botts, Management Analyst
Applicability: Board of Directors
POLICY: Tablet PC Reimbursement Policy
1.0 PURPOSE
A. The purpose of this policy is to establish procedures for the
reimbursement of expenses for a Tablet PC in order to encourage and
facilitate the use of "paperless" agendas and other District business for the
Board of Directors.
2.0 POLICY
A. The reimbursement of Tablet PC expenses is to assist the Board of
Directors with the opportunity to obtain access to District business,
including Board and Committee meeting agendas and minutes, without
necessitating printed paper copies.
B. Directors are eligible for the reimbursement of costs associated with a
Tablet PC, provided:
1. They are an elected official of the District with more than two (2)
months remaining in their current term of office, and
2. They agree to have all District communication, including access to
Board and Committee agendas, minutes and related attachments, sent
to their email/Tablet PC, in lieu of receiving any paper copies.
3. They have submitted an "Tablet PC Reimbursement" form (Exhibit A)
stating their intention to purchase a Tablet PC in lieu of paper copies of
District business, and
4. They did not or will not receive duplicate reimbursement from the
District.
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C. The District shall provide reimbursement, up to $1,000 every two (2) years
for the cost of a Tablet PC of the Director's choosing, plus a monthly
reimbursement of up to $25 for a data plan relating to email/internet
access, etc.
D. Itemized expenses not reimbursable include, but are not limited to, gift
wrapping, engraving, keyboard, printer, cleaning products downloadable
applications ("apps") and additional adaptors. Itemized expenses that are
reimbursable include one (1) Tablet PC cover and an extended warranty.
E. One Hundred percent (100%) of the Tablet PC and approved itemized
expenses reimbursed shall be reported on the Director's Form W-2 as
taxable income. In providing this information, the District is not offering tax
advice. Directors having questions concerning the tax implications of
computer/Tablet PC reimbursement benefits are urged to contact the
Internal Revenue Service or other experts in tax law.
3.0 PROCEDURES: '
A. Reimbursement Process: Directors should submit a "Tablet PC
Reimbursement" form to the District Secretary, stating their intention to
purchase a Tablet PC in lieu of receiving paper copies of District business.
B. To qualify for reimbursement, Directors must have more than two (2)
months remaining in their current term of office
C. Reimbursements will be processed when proof of purchase is presented
and original receipts are submitted by the Director and upon submission
"Request for Reimbursement" portion of the "Tablet PC Reimbursement"
Form (Exhibit A).
D. The Tablet PC, as well as all approved itemized expenses, for which
employees receive reimbursement from the District, shall become the
property of the Director. All maintenance, applications ("apps") and
personal use are the sole responsibility of the Director.
E. It is the full responsibility of the Director to submit his/her "Request for
Reimbursement" portion of the "Tablet PC Reimbursement" Form (Exhibit
A) to the District Secretary within thirty (30) days of purchase.
F. Failure to submit the required documents within the established time
frame of thirty (30) days shall result in denial of the Director's request for
reimbursement for any Tablet PC expenses.
G. To avoid non-compliance with the Ralph M. Brown Act, Directors are
prohibited from sending, receiving and/or reading electronically produced
messages during meetings, other than those that contain attachments
pertinent to the meeting, such as PDF versions of meeting agendas.
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4.0 RESPONSIBILITIES
A. It is the responsibility of the Director:
1. To deliver the "Tablet PC Reimbursement" form to the District
Secretary prior to purchase.
2. To submit itemized receipts and total costs with the "Request for
Reimbursement" portion of the "Tablet PC Reimbursement" Form
(Exhibit A) no later than thirty (30) calendar days from the purchase
date to the District Secretary.
5.0 EXHIBITS
Exhibit A -Tablet PC Reimbursement Form
APPROVED:
Kenneth R. Vecchiarelli, General Manager Date
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ITEM NO. 2.3
AGENDA REPORT
Meeting Date: July 19, 2011 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
Presented By: Steve Conklin, Engineering Dept: Administration
Manager
Reviewed by Legal: No
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: YLWD Contracts Review
SUMMARY:
At the request of the Board of Directors, staff has reviewed and prepared a list of all contracts and
agreements that are currently active with the District.
DISCUSSION:
The attached list includes the following information:
. Vendor/Firm Name
. Purpose/Project Name
. Contract Amount
. Who Approved the Contract Originally (Board or GM)
. Original Execution Date
. Contract Type
. Monitoring Department
ATTACHMENTS:
Name: Description: Type:
YLWD Agreements Contracts.xlsx Active Contracts & Agreements Backup Material
YLWD Agreements & Contracts
Contract Approved Execution Approx. Amt. Monitoring
Vendor Firm Purpose/Project Name Amount BV I Date Contract T e Remaining Department
Steven Andrews Engr. West Wellfield Study $ 34,180 Board 7/14/2009 PSA $ 18,480 Engineering
ACWA Dental Insurance Employee Dental Benefit Unknown Unknown Unknown PSA N/A Hr
ACWA Health Insurance Employee Health Benefit per Employee Fin. Mgr 8/15/1997 PSA N/A HR
Aramark Employee Uniforms per Employee Gen Mgr 6/10/2010 PSA N/A Operations
C&L Refrigeration Air Conditioner Maint. $ 2,275 Gen Mgr 6/14/2011 PSA Yearly Fee Operations
Ca1PERS Employee Retirement System N/A Board _5Z10/2007 PSA N/A HR
CUM Well 20 & 21 $ 179,467 Board 10/16/2008 PSA $ 71,000 Engineering
CUM Well Optimization Stud $ 54,390 Board 10/16/2008 PSA $ 35,000 Engineering
Civiltec Engineering Wellhead Equipping of Well 20 $ 96,335 Board 4/2/2010 PSA $ 16,737 Engineering
Co sdale Software Maint. & Support $ 66,053 Gen Mgr 10/14/2008 PSA Yearly Fee IT
DCSE, Inc. GIS Master Plan $ 183,576 Gen Mgr 4/12/2006 PSA Unknown IT
Dean Criske Trucking Paving Materials As Needed per Ton Gen Mgr 6/14/2010 PSA N/A Operations
Delta Care Employee Dental Benefit per Employee Gen Mgr 8/20/1991 Pr g. Application N/A HR
Diehl Evans Financial Audit $ 97,965 Board 5/26/2011 PSA 5 Yr NTE Finance
GCI Construction OC-51 Cut & Plug Pipelines $ 10,219 Gen Mgr 6/27/2011 Const. Contr. $ 10,219 Engineering
GCI Construction Emerg. Pumpout Facilities &
Anaheim Intertie Construction $ 342,059 Board 12/22/2010 Const. Contr. $ 34,206 Engineering
Kana Pipeline Plumosa Pipeline $ 568,000 Board 5/12/2011 Const. Contr. $ 568,000 Engineering
Kidman, Behrens & Ta ue General Legal Counsel N/A Gen Mgr 2/13/2003 PSA Yearly Retainer Administration
Lee and Ro Yorba Linda BPS & Pipeline Design $ 424,000 Board 1/4/2010 PSA $ 303,000 Engineering
Leighton Consulting Ohio Oriente Plumosa Pipelines $ 43,798 Board 5/12/2011 PSA $ 43,798 Engineering
Liebert, Cassidy Whitmore Labor Counsel per Hour Gen Mgr 10/1/2007 PSA N/A HR
Malcolm Pirnie Recycled Water Facilities Stud $ 146,044 Board 2/19/2010 PSA $ 700 Engineering
MAMCO Construction Ohio St. Oriente Dr. Pipeline $ 1,389,089 Board 4/14/2011 Const. Contr. $ 1,389,089 En ineerin
Marina Landscape Landscape Maint. $ 28,914 Gen Mgr 6/16/2010 PSA Yearly Fee Operations
Merchants Building Maint. Building Maint. $ - Gen Mgr 7/10/2010 PSA Operations
MWH Americas Inc. On-Call Services $ 140,740 Board 5/27/2009 PSA $ 35,000 Engineering
MWH Americas Inc. Highland BPS Design & SDC $ 806,818 Board 7/9/2009 PSA $ 50,000 Engineering
Nationwide Employee Defered Comp Benefit per Employee Fin. Mgr 4/29/2005 PSA N/A HR
Nicke Petroleum Gasoline for District Vehicles per Gallon Gen Mgr 7/1/2010 PSA N/A Operations
Nino and Moore Highland BPS Construction $ 30,494 Board 11/1/2010 PSA $ 8,000 Engineering
Norman Taub Investigations Investigative Services per Hour Gen Mgr Unknown PSA N/A HR
OC HR Employment Consort. HR Training $ 2,759 Gen Mgr 2/10/2011 PSA Yearly Fee HR
OC Sanitation District FOG Inspection Services $ 4,990 Gen Mgr 1/6/2006 PSA Yearly Fee Operations
Pacific H drotech Corp. Highland BPS Construction $ 4,525,800 Board 8/12/2010 Const. Contr. $ 3,428,425 Engineering
Process Systems, Inc. Mixers in Hidden Hills Reservoir $ 80,906 Board 12/22/2010 Const. Contr. $ 8,091 Engineering
PTI Sand & Gravel Paving Materials As Needed per Ton Gen Mgr 6/14/2010 PSA N/A Operations
Raftelis Financial Consult. Water Rate Stud $ 77,005 Gen Mgr 3/12/2010 PSA Unknown Finance
RBF Consulting 2010 Waterline Replacement $ 219,309 Board 10/25/20101 PSA $ 124,073 Engineering
RMJ Technologies Vehicle GPS Install & Maint. Per Vehicle Gen Mgr 8/12/2010 PSA N/A Operations
Robert Liccardo Software Maint. & Support $ 10,200 Gen Mgr 8/13/2010 PSA Yearly Fee IT
Steven Andrews En r. Anaheim Intertie Design $ 48,000 Board 10/22/2009 PSA $ 2,000 Engineering
Tetra Tech Inc. Ohio St. Oriente Dr. Pipeline $ 167,380 Board 4/15/2010 PSA $ 9,989 Engineering
The Advanta e Group Employee Flex & COBRA Benefit $ 2,040 HR Mgr 1/1/2011 PSA Yearly Fee HR
Total Comp. Systems Finance Valuation Report $ 3,800 Gen Mgr 3/23/2011 PSA Flat Fee Finance
Webb Associates Elk Mtn. Site Feasibility Stud $ 19,000 Gen Mgr 10/1/2010 PSA $ 3,000 Engineering
Wildan Homeland Solutions Emer . Operations Plan $ 33,833 Gen Mgr 2/10/2011 PSA Flat Fee Operations
ITEM NO. 2.4
AGENDA REPORT
Meeting Date: July 19, 2011 Budgeted: N/A
To: Executive-Administrative-
Organizational Committee
Funding Source: N/A
Presented By: Steve Conklin, Engineering Dept: Administration
Manager
Reviewed by Legal: N/A
Prepared By: Cindy Botts, Management CEQA Compliance: N/A
Analyst
Subject: Status Report on Committee Specific Strategic Plan Initiatives
SUMMARY:
As part of the FY 2011/13 Strategic Plan, each Board Committee has been assigned specific
initiatives to oversee. Attached is a report on the Strategic Plan initiatives assigned to the
Executive-Administrative-Organizational Committee and the current status of the initiatives on a
month-by-month basis.
DISCUSSION:
The EAO Committee is responsible for overseeing the following Strategic Plan initiatives:
. CP 1: Increase Brand Recognition within the Community
. CP 2: Increase Public Awareness of Water and Wastewater Related Issues
. FR 3: Identify and Develop Additional Revenue Options
. OE 2: Address Inefficiencies Identified in the Self-Assessment Survey
. OE 3: Consider Utilization of a Peer Review Survey
. SR 1: Work Toward Service Reliability and Efficiency
. SR 2: Explore Service Boundary Opportunities
. WE 1: Retain a Highly Skilled and Capable Workforce
. WE 3: Enhance Employee Relations
The FY 2011/13 Strategic Plan became effective July 1, 2011 and as such, all current month activity
will be discussed in the following month. For example, the August 2011 committee meeting report
will contain the progress completed on these initiatives in the month of July.
ATTACHMENTS:
Fame: Description: Type:
Strategic Plan Tracking- EAO.xlsx EAO Committee Strategic Initiatives Backup Material
Strategic Plan Initiatives Status Report
Executive-Administrative-Organizational Committee
Strategies Start Date Completion Lead Party Jul 2011 Progress
Date
CP 1: Increase Brand Reco nition within the Community
Have Board of
Directors and YLWD
Staff Attend More Immediately
CP 1-C Local and Regional following Nov- On-going BOD/GM/PIO/
Events and Inter- 2010 election Staff
governmental
Meetings
CP 2: Increase Public Awareness of Water and Wastewater Related Issues
Provide Financial
CP 2-A Incentives and Jul-11 On-going BOD/GM/PIO
Rebates for Water Use
Efficiency
Consider Participation
in the California
CP 2-C Urban Water Sep-11 Dec-11 GM
Conservation
Council's Best
Management Practices
Enhance the District's
Regional Water and
On-going On-going BOD/GM/Staff
CP 2-D Industry
Wastewater
Participation
WE 1: Retain a Highly Skilled and Capable Workforce
Encourage Staff
Participation in
WE 1-F Professional On-going On-going General Manager
Organizations and
Local Civic Groups
WE 3: Enhance Employee Relations
Implement a Program
WE 3-A to Recognize Jul-11 Sep-11 EPIC Committee
Employees for
Excellence
WE 3-13 Conduct Quarterly All- Jul-11 Quarterly General Manager
Hands Meetings
Continue to
Encourage Employee
WE 3-C On-going On-going General Manager
Training in Leadership
and Technology
SR 2: Ex lore Service Bounda O ortunities
Evaluate Feasibility of
Providing Additional
Jul-11 Jun-12 General Manager
SR 2-A Services with
Water
the Region
Evaluate Feasibility of
SR 2-13 Providing Additional Jul-11 Jun-12 General Manager
Wastewater Services
with the Region
Evaluate Feasibility of
SR 2-C Providing Other Jul-11 Jun-12 General Manager
Professional Services
with the Region
SR 1: Work Toward Service Reliability and Efficiency
Continue with Efforts
to Annex District
SR 1-A On-going On-going General Manager
Service Area to Orange
County Water District
Engage with Regional
SR 1-C Agencies on Water On-going On-going General Manager
Supply Issues
Strengthen Existing Emergency
SR 1-D Emergency Operations On-going On-going Operations
Partnerships Coordinator/ GM
FR 3: Identify and DeveloiD3 Additional Revenue Options
Research and Obtain
FR 3-A Grant Funding On-going On-going General Manager
Whenever Feasible
OE 2: Address Inefficiencies Identified in the Self-Assessment Survey
OE 2-A Identify Core Jul-11 Jun-12 EPIC Committee
Inefficiencies
OE 2-13 Develop Measurable Aug-11 Jun-12 EPIC Committee
Productivity Goals
Engage Employees in
OE 2-C Methods of Addressing Sep-11 Jun-12 EPIC Committee
Inefficiencies
OE 3: Consider Utilization of a Peer Review Surve
Determine the Cost
OE 3-A Benefit Ratio of a Peer Jul-11 Sep-11 Management
Review Survey Analyst
Establish a Team to
OE 3-13 Determine the Focus Sep-11 Oct-11 EPIC Committee
of the Survey
Institute Guidelines
OE 3-C for Areas to Be Sep-11 Dec-11 EPIC Committee
Addressed
ITEM NO. 2.5
AGENDA REPORT
Meeting Date: July 19, 2011
Subject: Third Report on 2011 Legislative Bills
ATTACHMENTS:
Name: Dosciiption: Type:
KBT Legislative Bills Report.pdf Report Backup Material
RECEIVED
LLP
LAWYERS JUN 0 2011
650 Town Center Drive Suite 100 Costa Mesa CA 92626 YORSALINDA WATER DISTRICT
714.755.3100 800.755.3125 714.755.3110 fax
kbtlawyers.corm
June 17, 2011
MEMOPANDUM
Arthur G. Kidman`
Russell G. Behrens* TO WATER a AGENCY CLIENTS
Suzanne M. Tague*t
David D. Boyer* FROM ° 9 Behrens Tag e9 LLP
Daniel J. Payne* 9
Joan J. Bennett Third Report ® 1 Legislative Bills
Eddy R. Beltran
Julie A. McCloskey Enclosed please find the third Legislative Report for the 2011 legislative session of the
John P. Glowacki California Legislature. This report shows the bills' status after the June 3rd deadline
Patricia J. Quilizapa to pass bills out of their house of origin. This report covers bills which were covered
Laurie Ellen Park in our, previous Legislative Report and six new bills: AB 912 (section C), AB 1344
Jonathan D. Salmon (section A), SB 215 (section K), SB 607 (section G), SB 659 (section M) and SB 846
(section G). As always, we have access to bill text and other information if more
Colin A. Wood
detail is needed or if there are questions on the summary provided.
KIDMAN, BEHRENS & TAGUE, LLP
*A Professional
Corporation
tCertified Specialist
Probate
e
Estate Planning
& Trust Law By'
The State Bar of ARTHUR G. KIDMAN
California
Board of Legal
Specialization AGK\ERB\ddb
KISIT
LAWYERS
THIRD ILEGISLATIVE REPORT FOR 2011
TABLE OF CONTENTS
A. "CITE' OF BELL" BILKS
B. PUBLIC EMPLOYEE PENSION FO
C. LAFCO - SPECIAL DISTRICT CONSOLIDATION
SPECIAL DISTRICT VENUES, RESERVES, AND FUNDING
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING
F. INFRASTRUCTURE FINANCING
G. WATER SOURCES MANAGEMENT ATER PROJECTS
H. BROWN ACT/PUBLIC CO S/ETIIICS
1. LABOR, EMPLOYMENT AN BENEFITS
J. PUBLIC WORKS/CONTRACTS
K. WATER QUALITY'/POLLUTION
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
M. SPECIFIC AGENCIES AND/OR PROJECTS
Kidman, Behrens & Tague, LLP
Legislative Report June 17, 2011
THIRD LEGISLATIVE REPORT FOR 2011
A. "CITY OF BELL" BILLS
A.1 AB 23 (Smyth) Local agency meetings: simultaneous meetings: prohibition.
Existing law, the Ralph M. Brown Act, 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 subsequent 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, if any, that each member will be
entitled to receive as a result of convening the simultaneous or serial meeting of the -subsequent
legislative body, and that the compensation or stipend shall be provided as a result of convening
a meeting for which each member is entitled to collect compensation or a stipend, as specified.
ACWA Position: Watch Status: Sen. Gov. & Fin.
A.2 AB 162 (Smyth) Local government: financial reports.
ACWA Position: Watch Status: Dead.
A.3 AB 182 (Davis) Political Deform 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
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: Sen. Elec. and Const. Amend.
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
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Kidman, Behrens & Tague, LLP
Legislative Report June 17, 2011
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: Sen. Gov. Org.
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 any body or board of which they are members. Existing law defines
what is a remote interest in a contract 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 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 a statutory basis for classifying the interest as a remote
interest to be identified. This bill would also prohibit an officer or employee, as defined, of the
state, a county, district, judicial district or city, or any city officer or employee from authorizing
the expenditure of public funds, and from approving any project, plan, permit, or conveyance of
land in which a member of that body is financially interested. This bill would also make a
violation of these additional provisions a crime.
ACWA Position: Watch Status: Sen. Gov. Org.
A.6 AB 582 (Pan) Open meetings: local agencies.
ACWA Position: Oppose Unless Amended Status: Asm. Loc. Gov.
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Kidman, Behrens & Tague, LLP
Legislative Report June 17, 2011
A.7 AB 785 (Mendoza) Political Reform Act of 1974: public officers: contracts:
financial interest.
ACWA Position: Watch Status: Dead.
A.8 AB 1287 (Buchanan) Local Government: Audits.
ACWA Position: Watch Status: Dead.
A.9 AB 1344 (Fear) Local Governance
1) The Meyers-Milias-Brown Act (Brown Act) contains various provisions that govern
collective bargaining of local represented employees. The Brown Act requires that all meetings
of a legislative body of a local agency be open and public and all persons be permitted to attend
unless a closed session is authorized.
Existing law requires all contracts of employment between an employee and a local agency
employer to include a provision which provides that regardless of the term of the contract, if the
contract is terminated, the maximum cash settlement that an employee may receive shall be an
amount equal to the monthly salary of the employee multiplied by the number of months left on
the unexpired term of the contract, with a maximum of 18 months.
This bill would, on and after January 1, 2012, additionally prohibit an employment contract for a
local excluded employee, as defined, from including any clause that provides for an automatic
renewal of a contract that provides for an automatic compensation increase, as specified, or an
automatic compensation increase in excess of a cost-of-living adjustment.
(2) Existing law sets forth the penalties for misuse of public resources or falsifying expense
reporting, including, but not limited to, loss of reimbursement privileges, restitution to the local
agency, civil penalties for misuse of public resources, and prosecution for misuse of public
resources, including imprisonment for 2, 3, or 4 years, and disqualification from holding office,
as specified.
This bill would require an officer or employee of a local agency who is convicted of a crime
involving an abuse of his or her office or position, where the local agency for which the officer
and employee was employed expends public funds for the legal criminal defense of that officer
or employee, to pay restitution to the local agency that expended those funds.
(3) The Brown Act requires the legislative body of a local agency to post an agenda containing a
brief general description of each item of business to be transacted or discussed at the meeting, in
a location that is freely accessible to members of the public. The Brown Act also requires the
presiding officer of the legislative body to deliver written notice to each member of the
legislative body, and to each local newspaper of general circulation and radio or television
station requesting notice in writing if the presiding officer of the legislative body calls a special
meeting.
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This bill would require the legislative body, or the presiding officer of the legislative body, to
provide notice of each meeting, including special meetings, on the local agency's Internet
website, if the local agency has one, as specified.
ACWA Position: Not Favor Unless Amended Status: Sen. Rls.
A.10 SB 46 (Correa) Local government: compensation disclosure.
ACWA Position: Not Favor Unless Amended Status: Dead.
B. PUBLIC EMPLOYEE PENSION REFORM
131. AB 340 (Furutani) Public Employees' retirement
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
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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
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: Sen. Pub. Emp. and Ret.
E.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, including a school 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: Sen. Pub. Emp. and Ret.
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B.3 AB 738 (Hagman) Public employees' retirement: elected officials.
ACWA Position: Watch Status: Dead.
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
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: Sen. Pub. Emp. and Ret.
B.5 A 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,
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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: Sen. Pub. Emp. and Ret.
B.6 AB 1320 (Allen) Public employees' retirement: employer
Contribution rates.
The Public Employees' Retirement Law prescribes employer contribution rates to the retirement
fund for the Public Employees' Retirement System. Existing law requires that the state's
contribution rate be adjusted in the Budget Act based on rates established by the system's
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 the system be used to determine the
employer's contribution rate.
This bill would, on and after January 1, 2013, 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 also 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 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.
Additionally, this bill would permit assets in an account to be used for specified transfers and
contributions authorized under existing law. The bill would provide that assets in an account
would be invested with other system assets.
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Separately, the County Employees Retirement Law of 1937 authorizes the board of retirement to
determine county or district contributions on the basis of a normal contribution rate, which is
computed as a level percentage of compensation which, when applied to future compensation of
the average new member entering the system, together with member contributions, is sufficient
to provide for the payment of all prospective benefits of a member.
This bill would on and after January 1, 2013, would establish in each county or district's
retirement fund a Taxpayer Adverse Risk Prevention Account. The account would be an
employer asset, for that county or district, 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 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 a Taxpayer Adverse
Risk Prevention Account. This bill would permit assets in an account to be used for other
specified contributions. This bill would also provide that assets in an account would be invested
with other system's assets.
ACWA Position: Watch Status: Sen. Rls.
B.7 SB 27 (Siitian) 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
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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: Asm. Desk.
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: Dead.
B.9 SB 520 (Walters) Public employees' retirement: hybrid plan.
ACWA Position: Watch Status: Dead.
B.10 SB 521 (Walters) Public employees' benefits: postemployment
health care.
ACWA Position: Watch Status: Dead..
B.11 SB 522 (Walters) Public employees' retirement: additional service credit.
ACWA Position: Watch Status: Dead.
B.12 SB 523 (Walters) Public employees' retirement: elected local officials.
ACWA Position: No Position Status: Dead.
B.13 SB 524 (Walters) Public employees' retirement: retroactive benefits.
ACWA Position: Watch Status: Dead.
B.14 SB 525 (Walters) Public employees retirement: eligibility.
ACWA Position: Watch Status: Dead.
B.15 SB 526 (Walters) Public employees' retirement: final compensation.
ACWA Position: Watch Status: Dead.
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1.16 SB 527 (Walters) Public employee organizations: negotiations: pension
benefits.
ACWA Position: Watch Status: Dead.
C. LAFC® - SPECIAL DISTRICT CONSOLIDATION
C.1 AD 912 (Gordon) Local Government: organization
The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 requires a local
agency formation commission, where the commission is considering a change of organization
that consists of a dissolution, disincorporation, incorporation, establishment of a subsidiary
district, consolidation, or merger, to either order a change of organization subject to confirmation
of the voters, as specified, or order the change of organization without an election if the change
of organization meets certain requirements.
This bill would authorize the commission, where the commission is considering a change of
organization that consists of the dissolution of a district that is consistent with a prior action of
the commission, to immediately order the dissolution if the dissolution was initiated by the
district board, or if the dissolution was initiated by an affected local agency, by the commission,
or by petition, hold at least one noticed public hearing on the proposal, and order the dissolution
without an election, unless a majority protest exists, as specified.
ACWA Position: Watch Status: Sen. Gov. and Fin.
D. SPECIAL DISTRICT VENUES AND SERVES
.1 SD 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, if the Controller determines that sufficient
funds are made available, 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, if the Controller determines that
sufficient funds are made available, 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.
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This bill would specify that its provisions would be repealed on January 1, 2017.
ACWA Position: Watch Status: Asm. Desk.
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING
EA AD 19 (Fong) Building standards: water meters: multiunit structures.
ACWA Position: Watch Status: Dead.
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.
This bill would also require a local agency to provide notification to the operator of a public
water system, as-defined, if the local agency chooses to adopt a permitting program for rainwater
capture systems and approves a permit for a rainwater capture system connected to the public
water system.
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 exclusive 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: Sen. Nat. Res. and Wat.
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E.3 AB 849 (Gatto) Water: use efficiency: graywater building standards.
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
adopted by the Department of Housing and Community Development and published in the
California Building Standards Code.
This bill would repeal the authority of a city, county, or other local agency to adopt building
standards that prohibit entirely the use of graywater and instead authorize the adoption, under
specified requirements, of standards that differ from the standards adopted by the department.
This bill would require that an ordinance enacted pursuant to this authority include the local
climatic, geological, or topographical conditions requiring different building standards.
ACWA Position: Watch Status: Sen. Trans. and Hous.
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.
This bill would make the above provisions operative until January 1, 2015, and would state that
the repeal of these provisions renders the provisions subject to review by the appropriate policy
committees of the Legislature.
ACWA Position: Watch Status Asm. Bus., Prof. and Cons. Prot.
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F. INFRASTRUCTURE FINANCING
F.1 AB 157 (Jeffries) Safe, Clean, and Reliable Drinking Water Supply Act of 2012.
ACWA Position: Oppose Status: Dead.
F.2 AB 467 (Eng) Environment: Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection
Bond Act of 2006.
ACWA Position.-. Favor Status: Dead.
F.3 AB 576 (Dickinson) Delta Stewardship Council: Delta Plan: financing.
ACWA Position: Oppose Status: Dead.
F.4 AB 685 (Eng) State Water Policy.
ACWA Position:- Oppose Status: Sen. Rls.
F.5 AB 963 (Valadao) Safe drinking water: contaminated groundwater.
ACWA Position: Watch Status: Dead.
F.6 SB 200 (Wolk) Sacramento-San Joaquin Delta: Bay Delta Conservation Plan.
ACWA Position:- Oppose Status: Dead.
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, after which time the project would revert to the governmental agency.
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 additionally permit the agreements to lease or
license to, or provide other permitted uses by, the private entity.
ACWA Position: Watch Status: Asm. Loc. Gov.
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G. WATER SOURCES 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: Watch Status: Sen. Nat. Res. and Water.
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
authorize an interested person or entity to request, and require the local agency, upon written
request, to provide a copy of the proposed groundwater management plan to that interested
person or entity.- This bill would additionally require the local agency to provide each of those
interested persons and entities 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 relaiing to the monitoring and management of groundwater levels within the
groundwater basin.
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This bill would specify that the groundwater projects to which these requirements apply include
projects that are part of an integrated regional water management program or plan. This bill,
commencing January 1, 2013, would additionally require a map identifying the recharge areas, as
defined, for the groundwater basin to be included in a groundwater management plan for
purposes of the state funding requirements. This bill would also require the local agency to
provide the map-of the recharge areas to local planning agencies and notify organizations
representing landowners within the recharge areas.
ACWA Position: Watch Status: Sen. Nat. Res. and Water.
G.3 AB 550 (Huber) Sacramento-San Joaquin Delta: Peripheral Canal.
ACWA Position: Oppose Status: Dead.
GA AB 627 (B. Berryhill) State Water Resources Development System: Delta
Corridors Plan: feasibility
ACWA Position: Not Favor Status: Dead.
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: Favor Status: Asm. Bus., Prof. and Cons. Prot.
G.6 SB 607 (Walters) State Water Resources Control Board: water quality:
brackish groundwater treatment.
Under the Porter-Cologne Water Quality Control 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 state board to formulate and adopt state policies for water quality control, and to
formulate and adopt, and review at least every 3 years, a water quality control plan for the ocean
waters of the state known as the California Ocean Plan.
This bill would require the SWRCB, on or before January 1, 2013, to either amend the California
Ocean Plan, or adopt separate standards, to address water quality objectives and effluent
limitations that are specifically appropriate for brackish groundwater treatment system facilities
that produce municipal water supplies for local use.
ACWA Position:' Favor ifAmended Status: Asm. Env. Safety and TM
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G.7 SB 846 (Berryill) The California Water Plan: water data
Existing law requires the Department of Water Resources (DWR) to update every 5 years the
California Water Plan, which is a plan for the orderly and coordinated control, protection,
conservation, development, and use of the water resources of the state.
Existing law further requires DWR to include a discussion of various strategies in the plan,
including strategies relating to the development of new water storage facilities, water
conservation, water recycling, desalination, conjunctive use, and water transfers that may be
pursued in order to meet the future needs of the state.
This bill would additionally require DWR to include in the plan an assessment of the state's
water data system and would prescribe requirements relating to the contents and conduct of the
assessment .
ACWA Position: Favor Status: Asm. Wat. Parks and Wild.
G.8 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: Asm Wat., Parks and Wild.
H. BROWN ACT/PUBLIC RECORDS/ETHICS
HA 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.
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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: Sen. Elec. and Const. Amend.
.2 A 148 (Smyth) Local government: ethics training: disclosure.
ACWA Position: Watch Status: Dead.
.3 AB 392 (Alejo) Ralph M. Brown Act: posting agendas.
ACWA Position: Oppose Status: Dead..
.4 AB 1241 (orby) Political Reform Act of 1974: contributions.
ACWA Position: Favor Status: Sen. Elect. And Const. Am.
.5 S 31 (Correa) Local government: lobbyist registration.
ACWA Position: Oppose Status: Dead.
.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. Elect. And Const. Am. Appr.
.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. Appr.
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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, as defined, for employment purposes unless the information
is substantially job-related, meaning that the position of the person for whom the report is sought
has access to money, other assets, or confidential information, and the position of the person for
whom the report is sought is a position in the state Department of Justice, a managerial position,
that of a sworn peace officer or other law enforcement position, or a position for which the
information contained in the report is required to be disclosed by law or to be obtained by the
employer.
ACWA Position: Not Favor Unless Amended Status: Sen. Lab. and Ind. Rels.
1.2 AB 195 (I2. 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. Existing
law requires a public agency to meet and confer in good faith, as
defined.
This bill would specify that a public agency is prohibited from, among other things, imposing
reprisals on or discriminating against employees because of their exercise of rights guaranteed by
the act, and would specify that knowingly providing a recognized employee organization with
inaccurate information constitutes a refusal or failure to meet and negotiate in good faith. This
bill would declare that these provisions are intended to be technical and clarify existing law.
ACWA Position: Oppose Status: Sen. Pub. Employ. and Ret.
1.3 AB 400 (Ma) Employment: paid sick days.
ACWA Position: Not Favor Status: Dead.
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
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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
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 authorize the employee organization, if the mediator is unable to effect
settlement of the controversy within 30 days of his or her appointment, to request that the matter
be submitted to a factfinding panel.
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 prohibit a public agency from implementing its last, best, and final offer
until at least 10 days after the factfinders' written findings of fact and recommended terms of
settlement have been submitted to the parties and the agency has held a public hearing regarding
the impasse.
ACWA Position: Oppose Status: Sen. Pub. Employ. and Ret.
1.5 AB 1399_ (Committee on Labor and Employment records: right to inspect.
Employment)
ACWA Position: Not Favor Unless Amended Status: Dead.
1.6 SB 883 (Correa) Employers: good faith defense.
ACWA Position: Watch Status: Dead.
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
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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.
Under this bill, these provisions would not apply to payments for representation of a public
sector employer before any court, administrative agency, or tribunal of arbitration, or for
payments for engaging in collective bargaining on behalf of the employer with respect to wages,
hours, or other terms and conditions of employment.
ACWA Position: Oppose Status: Asm. Pub. Employees, Ret. and SS
J. PUBLIC WORKS/CONTRACTS
J.1 AB 356 (Hill) Public works projects: local hiring policies.
ACWA Position:. Watch Status: Dead.
J.2 AB 457 (Wagner) Public works contracts: relief for bidders
ACWA Position: Oppose Status: Dead.
J.3 AB 987 (Grove) Public works: prevailing wages.
ACWA Position:. Favor Status: Dead..
K. WATER QUALITY/POLLUTION
K.1 AB 54 (Solorio) Drinking water.
The California Safe Drinking Water Act requires DPH to regulate drinking water to protect
public health. This bill would allow DPH to issue a "letter of no prejudice" to a public water
system that is a lead applicant for a project that may be funded by the Safe Drinking Water
Revolving Fund.
Under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, each county
local agency formation commission (LAFCO) is required to develop a sphere of influence for
each local governmental agency within the county. In order to update spheres of influence, each
LAFCO is required to conduct periodic municipal service reviews (MSR).
This bill would authorize a LAFCO to 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.
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Finally, this bill would provide that a public water system may comply with that review by
submitting certain documents.
ACWA Position:, Favor Status: Sen. Rls.
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: Sen. Env. Qual.
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 the Department of Finance to take specified actions
regarding the proposed drinking water standards not more than 90 days from when DPH submits
them.
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 post its progress subsequent to January 1, 2003, on the
establishment of the standard on the DPH's Internet website.
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This bill would include the adoption of a primary drinking water standard for hexavalent
chromium among the proposed regulations relating to maximum contaminant levels for primary
or secondary water standards that are subject to a review by the Department of Finance of not
more than 90 days.
ACWA Position: Watch Status: Sen. Env. Qual.
K.4 AD 741 (Huffman) ®nsite 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.
Under existing law, as an alternative to the enforcement of the lien, the governing body of the
public agency is authorized to provide for the payment of costs prior to the construction and
connection or in installments over a period, not to exceed 15 years, and to provide a rate of
interest not to exceed 6% per annum, as specified.
This bill would allow the installments to be over a period not to exceed 30 years and at a rate of
interest not to exceed 12%. This bill would also 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 or repairing existing sewer laterals connecting pipes to a sewer
system.
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: Sen. Gov. and Fin.
.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
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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: Sen. Env. Qual.
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: Watch Status: Sen. Env. Qual.
M AB 1048 (Harkey) Water quality: recycled water and wastewater: fluoride.
ACWA Position: Favor Status: Dead
K.8 SB 215 (Muff) Invasive aquatic species: mussels.
Existing law generally prohibits a person from possessing, importing, shipping, or transporting in
the state, or from placing, planting, or causing to be placed or planted in any water within the
state, dreissenid mussels, and authorizes the Director of Fish and Game or his or her designee to
engage in various enforcement activities. Existing law provides that a person who violates or
resists, delays, obstructs, or interferes with the implementation of these provisions is subject to a
penalty, in an amount not to exceed $1,000, that is imposed administratively by the department.
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Existing law exempts certain entities from enforcement activities, or from civil or criminal
liability, under prescribed circumstances. These provisions are repealed on January 1, 2012.
This bill would extend that repeal provision to January 1, 2017.
ACWA Position: Support/Sponsor Status: Sen. Appr.
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES
LA AB 83 (Jeffries) Environment: CEQA exemption: recycled water pipeline.
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: Sen. Env. Qual.
L.3 SB 241 (Cannella) Environment: California Environmental Quality
Act (CEQA).
ACWA Position: Watch Status: Dead.
LA SB 683 (Correa) Environment: California Environmental Quality Act:
noncompliance allegations
ACWA Position: Favor Status: Dead.
M. SPECIFIC AGENCIES AND/OR PROJECTS
M.1 AB 954 (Calderon) Water Replenishment Districts.
ACWA Position: Not Favor Status: Dead..
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M.2 SB 34 (Simitian) California Water Resources Investment Act of 2011
ACWA Position: Oppose Status: Dead.
M.3 SB 52 (Steinberg) Water quality: Sacramento Regional County Sanitation
District.
ACWA Position: Oppose Status: Dead.
M.4 SB 659 (Hernandez) San Gabriel Basin Water Quality Authority:
board members.
The San Gabriel Basin Water Quality Authority Act authorizes the San Gabriel Basin Water
Quality Authority (WQA) to plan, finance, and implement groundwater remediation activities, as
prescribed. The act requires the WQA to be governed by a board composed of 7 members,
consisting of 3 members appointed by the San Gabriel Valley Municipal Water District, the
Upper San Gabriel Valley Municipal Water District, and the Three Valleys Municipal Water
District one member elected by specified cities with pumping rights within the San Gabriel
Basin; one member elected by specified cities without pumping rights within the San Gabriel
Basin; and 2 producer members appointed by the San Gabriel Valley Water Association.
The act prescribes 4-year terms of office for the board members. The act also provides for the
appointment or election of alternates by each of those entities. This bill would authorize each of
those entities appointing or electing a board member or alternate, by a majority vote, to remove
the board member or alternate without cause and at any time prior to the expiration of the board
member's or alternate's term of office, and to appoint or elect another person as the member or
alternate to serve for the remaining term of the office, as specified. It is not clear whether the
amendments added in May with respect to the cities will work well in the context of the WQA
act.
ACWA Position: Watch Status: Asm. Desk.
M.5 SB 701 (Calderon) Central Basin Municipal Water District directors: report.
ACWA Position: Not Favor Status: Dead.
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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) ..................................................................................................................................2
AB 527 (R.Hernandez) 3
AB 582 (Pan) 3
AB 785 (Mendoza) 4
AB 1287 (Buchanan) 4
AB1344 (Feur) .................................................................................................................................4
SB 46 (Correa) .................................................................................................................................5
B. PUBLIC EMPLOYEE PENSION FO ..................................................................5
AB 340 (Furutani) ...........................................................................................................................5
AB 344 (Furutani) ...........................................................................................................................6
AB 738 (Hagman) 7
AB 1028 (Committee on Public Employees, Retirement and Social Security) 7
AB 1184 (Simitian) .........................................................................................................................7
AB 1320 (Allen) 8
SB 27 (Simitian) 9
SB 322 (Negrete Mcloud) ..............................................................................................................10
SB 520 (Walters) ...........................................................................................................................10
SB 521 (Walters) ...........................................................................................................................10
SB 522 (Walters) ...........................................................................................................................10
SB 523 (Walters) ...........................................................................................................................10
SB 524 (Walters) ...........................................................................................................................10
SB 525 (Walters) ...........................................................................................................................10
SB 526 (Walters) ...........................................................................................................................10
SB 527 (Walters) ...........................................................................................................................11
C. LAFCO-SPECIAL DISTRICT CONSOLIDATION ...................................................11
AB912 (Gordon) ............................................................................................................................11
D. SPECIAL DISTRICT REVENUES, RESERVES AND FUNDING ..........................11
SB 449 (Pavley) .............................................................................................................................11
E. DROUGHT, WATER CONSERVATION AND WATER RATIONING ..................12
SB AB 19 (Fong) ...........................................................................................................................12
AB 275 (Solorio) ...........................................................................................................................12
AB 849 (Gatto) ..............................................................................................................................13
SB 744 (Wyland) ...........................................................................................................................13
F. INFRASTRUCTURE FINANCING ..............................................................................13
AB 157 (Jeffries) ...........................................................................................................................14
AB 467 (Eng) .................................................................................................................................14
AB 576 (Dickinson) .......................................................................................................................14
AB 685 (Eng) .................................................................................................................................14
AB 963 (Valadao) ..........................................................................................................................14
SB 200 (Wolk) ...............................................................................................................................14
SB 475 (Wright) ............................................................................................................................14
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G. WATER SOURCES MANAGEMENT/WATER PROJECTS ............................15
AB 134 (Dicksinson) .....................................................................................................................15
AB 359 (Huffman) .........................................................................................................................15
AB 550 (Huber)_ ............................................................................................................................16
AB 62 (B. Berryhill) ......................................................................................................................16
SB 224 (Pavley) .............................................................................................................................16
SB 607 (Walters) ...........................................................................................................................16
SB 834 (Wolk) ...............................................................................................................................17
SB 846 (Berryhill) .........................................................................................................................17
H. BROWN ACT/PUBLIC CO S/ETIIICS ............................................................17
AB 71 (Huber) ...............................................................................................................................17
AB 148 (Smyth) .............................................................................................................................18
AB 392 (Alejo) ..............................................................................................................................18
AB 1241 (Norby) ...........................................................................................................................18
SB 31 (Correa) ...............................................................................................................................18
SB 415 (Wright) ............................................................................................................................18
SCA 7 (Yee) ..................................................................................................................................18
1. LABOR, EMPLOYMENT AND BENEFITS ................................................................19
AB 22 (Mendoza) ..........................................................................................................................19
AB 195 (R. Hernandez) .................................................................................................................19
AB 400 (Ma) ..................................................................................................................................19
AB 646 (Atkins) ............................................................................................................................19
AB 1399 (Committee on Labor and Employment) .......................................................................20
SB 883 (Correa) .............................................................................................................................20
SB 931 (Vargas) ............................................................................................................................20
J. PUBLIC WORKS/CONTRACTS ..................................................................................21
AB 356 (Hill) .................................................................................................................................21
AB 457 (Wagner) ..........................................................................................................................21
AB 987 (Grove) 21
K. WATER QUALITY'/POLLUTION ...............................................................................21
AB 54 (Solorio) .............................................................................................................................21
AB 246 (Wieckowski) ...................................................................................................................22
AB 403 (Campos) 22
AB 741 (Huffman) .........................................................................................................................23
AB 938 (V Manual Perez) 23
AB 964 (Huffman) .........................................................................................................................24
AB 1048 (Harkey) .........................................................................................................................24
SB 215 (Huff) ................................................................................................................................24
L. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES ..........................25
AB 83 (Jeffries) .............................................................................................................................25
AB 320 (Hill) .................................................................................................................................25
SB 241 (Cannella) .........................................................................................................................25
SB 683 (Correa) .............................................................................................................................25
M. SPECIFIC AGENCIES AND/OR PROJECTS ..........................................................25
AB 954 (Calderon) ........................................................................................................................25
SB 34 (Simitian) ............................................................................................................................26
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SB 52 (Steinberg) ..........................................................................................................................26
SB 659 (Hernandez) ......................................................................................................................26
SB 701 (Calderon) 26
29
ITEM NO. 2.6
AGENDA REPORT
Meeting Date: July 19, 2011
Subject: General Counsel's Monthly Summary Report
ATTACHMENTS:
Name: cv,r i~a$icri: a ype:
Kidman Billing Chart Summary.xlsx Kidman Behrens Summary Report Backup Material
YORBA LINDA WATER DISTRICT CURRENT FISCAL YEAR 2010-2011
MONTHLY SUMMARY BILLING CHART
BILLING MONTH: June 2011
Matter Current Billing Total Billed to Date Total Billed 2009-2010
Name June 30, 2011 Current Fiscal Year Prior Fiscal Year
CONSTRUCTION CONTRACTS $6,964.27 $7,324.60
OCWD ANNEXATION $2,447.50 $5,664.81
FREEWAY COMPLEX FIRE LITIGATION $7,519.91 $95,686.62 $61,733.97
NON-CONSTRUCTION AGREEMENTS $1,740.00 $10,016.29 $15,384.92
CELL TOWERS $3,417.50 $2,033.40
WATER RATES/WATER CONSERVATION $14,746.50 $15,159.35
EMPLOYEE DISCIPLINE APPEAL $9,326.34 $12,428.84 $0.00
RETAINER $3,000.00 $25,000.00 $25,000.00
MISCELLANEOUS ITEMS $346.52 $1,408.24 $0.00
SUBTOTAL $21,932.77 $172,115.76 $132,301.05
Other Allocated Expenses Not Pertaining to
Current Year Open Projects 2010-2011 $0.00 $0.00 $39,331.03
TOTAL $21,932.77 $172,115.76 $171,632.08
Kidman, Behrens & Tague LLP
Summary of Monthly and FYTD Charges
Month of
June-11
General Services 21,932.77
Capital Project Related Servcies 20,390.50
Total - June $42,323.27
YTD through
June-11
General Services 172,115.76
Capital Project Related Servcies 81,118.09
Total - YTD $253,233.85