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Home My WebLink About2013-05-21 - Executive-Administrative-Organizational Committee Meeting Agenda PacketYorba Linda Water District AGENDA YORBA LINDA WATER DISTRICT EXEC-ADM IN -ORGAN IZATIO NAL COMMITTEE MEETING Tuesday, May 21, 2013, 4:00 PM 1717 E Miraloma Ave, Placentia CA 92870 1. CALL TO ORDER 2. ROLL CALL COMMITTEE STAFF Director Gary T. Melton, Chair Steve Conklin, Acting General Manager Director Robert R. Kiley Damon Micalizzi, Public Information Officer 3. 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. 4. ACTION CALENDAR This portion of the agenda is for items where staff presentations and committee discussions are needed prior to formal committee action. 4.1. First Amendment to OCTA Settlement Agreement Recommendation. That the Committee recommend the Board of Directors approve execution of the First Amendment to Settlement Agreement and Mutual Release between OCTA and YLWD for the Lakeview Grade Separation Project. 4.2. Request for Review of ISDOC Bylaw Amendments Recommendation. That the Committee review the Proposed Amendments to the ISDOC Bylaws and provide direction to staff. 4.3. District Media Policy Recommendation. That the Committee recommend the Board of Directors approve the media policy. 5. 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. 5.1. Status of Legislative Affairs (Verbal Report) 5.2. First Report on 2013 Legislative Bills from Kidman Law LLP 5.3. Status of Operations and Efficiency Study (Verbal Report) 5.4. Status of OCWD Annexation Project (Verbal Report) 5.5. Status of Sage and Esperanza Hills Development Projects (Verbal Report) 5.6. Status of Plumosa Property Sale (Verbal Report) 5.7. Customer Service Feedback Report 5.8. Director's and Acting General Manager Fees and Expenses 5.9. Status of Strategic Plan Initiatives 5.10. Future Agenda Items and Staff Tasks 6. CLOSED SESSION The Committee may hold a closed session on items related to personnel, labor relations and /or litigation. The public is excused during these discussions. 6.1. Conference with Legal Counsel — Pending Litigation Pursuant to Subdivision (a) of Section 54956.9 of the California Government Code Name of Case: ACWA /JPIA, et al. vs. Insurance Company of the State of Pennsylvania, et al. (OC Superior Court - Case No. 00486884) 6.2. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Section 54956.9 of the California Government Code Related to Line Break at 1301 North Rose Drive, Placentia CA 92870 Number of Potential Cases: One 7. ADJOURNMENT 7.1. The next Executive - Administrative - Organizational Committee meeting is scheduled to be held Tuesday, June 18, 2013 at 4:00 p.m. Items Distributed to the Committee Less Than 72 Hours Prior to the Meetina 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. AGENDA REPORT Meeting Date: May 21, 2013 To: Executive-Administrative- Organizational Committee From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Steve Conklin, Acting General Manager Budgeted: Total Budget: Cost Estimate: Funding Source: Dept: ITEM NO. 4.1 Yes $80,000 $250,000 All Water Funds Administration Reviewed by Legal: Yes CEQA Compliance: N/A Subject: First Amendment to OCTA Settlement Agreement SUMMARY: A First Amendment to the OCTA Settlement Agreement is requested by OCTA, which calls for YLWD to agree to the Federally- required Buy America Requirements of this Federally- funded project. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve execution of the First Amendment to Settlement Agreement and Mutual Release between OCTA and YLWD for the Lakeview Grade Separation Project. DISCUSSION: Orange County Transportation Authority's Lakeview Grade Separation Project (and the other related grade- separation projects under this program) is a Federal Aid Project. OCTA's attorney, through the District's attorney, has informed us that OCTA as the local constructor and YLWD as a local facilities owner, are required to agree to the Federal Highway Administration's Buy America Requirements of the Code of Federal Regulations. In the Agreement approved by the Board on February 14, 2013, the District's costs for the Project are capped at $250,000. The District's attorney and staff have reviewed the attached First Amendment to Settlement Agreement and Mutual Release and recommend approval. There are no added costs to YLWD related to this amendment. ATTACHMENTS: First Amendment to Settlement 9- 13.pdf Description: Type: reement with Yorba Linda Water District 5 Backup First Amendment to Settlement Agreement Material FIRST AMENDMENT FIRST AMENDMENT TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE This First Amendment to Settlement Agreement and Mutual Release ( "First Amendment ") is entered into by and between ORANGE COUNTY TRANSPORTATION AUTHORITY, ( "OCTA ") and YORBA LINDA WATER DISTRICT ( "YLWD ") (collectively the "Parties "). A. The Parties entered into that certain Settlement Agreement and Mutual Release executed February 14, 2013 (the "Agreement ") which is incorporated herein by reference. B. The Parties desire to amend the Agreement to supplement a portion of the Agreement. Now, therefore, the Parties agree as follows: FIRST AMENDMENT 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Agreement. 2. General Conditions — Buy America. It is understood that the Project is a Federal Aid Project and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this First Amendment by reference. YLWD, as Owner, and OCTA, as the entity constructing the Project, shall comply with the Federal Highway Administration (FHWA) Buy America Requirements of 23 Code of Federal Regulations (CFR) 635.410, which permits FHWA participation in the Project only if domestic steel and iron will be used on the Project. To be considered domestic, all steel and iron used and all products manufactured from steel and iron must be produced in the United States and all manufacturing processes, including application of a coating, for these materials must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. This requirement does not preclude minimal use of foreign steel and iron materials, provided the cost of such materials does not exceed 0.1% of the total contract cost. 3. Integration. This First Amendment supersedes all negotiations with respect to the subject matter hereof. This First Amendment amends, as set forth herein, the Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. [Signatures on following page] 926886.1 FIRST AMENDMENT IT IS SO AGREED. Dated: Dated: APPROVED AS TO FORM AND CONTENT: Dated: 926886.1 Darrell Johnson, Chief Executive Officer ORANGE COUNTY TRANSPORTATION AUTHORITY Steven Conklin, Acting General Manager YORBA LINDA WATER DISTRICT WOODRUFF, SPRADLIN & SMART, APC Kennard R. Smart, Jr. General Counsel, ORANGE COUNTY TRANSPORTATION AUTHORITY AGENDA REPORT Meeting Date: May 21, 2013 To: Executive-Administrative- Organizational Committee From: Steve Conklin, Acting General Manager Presented By: Steve Conklin, Acting General Manager Prepared By: Cindy Botts, Management Analyst Dept: Reviewed by Legal Subject: Request for Review of ISDOC Bylaw Amendments SUMMARY: ITEM NO. 4.2 Administration No The Bylaws of the Independent Special Districts of Orange County ( ISDOC) were last amended and ratified by the membership in January 2002. Since then changes in state law, expanded membership and other governance - related matters have prompted the ISDOC Executive Committee to review the Bylaws and develop amendments that would address these issues. The Proposed Amendments have been submitted to the special district membership for preliminary consideration and solicitation of input with a ratifying vote on Thursday, August 29, 2013. The Proposed Amendments are attached for review. STAFF RECOMMENDATION: That the Committee review the Proposed Amendments to the ISDOC Bylaws and provide direction to staff. STRATEGIC PLAN: CP 2 -D: Enhance the District's Regional Water and Wastewater Industry Participation ATTACHMENTS: Description: Type: ISDOC Bylaw Proposed Amendments 2013.pdf ISDOC Bylaw Proposed Amendments Backup Material Formatted: Left: 1 ", Right: 1 ", Top: 0.94 ", Header distance from edge: 0.94" INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY AMENDED AND RESTATED BYLAWS Adopted January 31, 2002 Proposed for Amendment on August 29, 2013 INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY BYLAWS ARTICLE I GENERAL The name of the organization shall be INDEPENDENT SPECIAL DISTRICTS OF ORANGE COUNTY herein Th^ ^ Z°+i^^ °h°" °'°^ he kne_� ^x^ °^d' referred to as 19DO tile Organization. - Formatted: Font: Bold SECTION 11. PURPOSE The purpose of the Organization is to advance the interests of Orange County special districts through its advocacy of sound public policy, its facilitation of educational opportunities to enhance special district governance and the services provided, and its collaboration with others to elevate awareness of the role special districts play as the form of aovernment closest and most directly accountable to the Deoale. M=10IIQ0111 _111 ►U11011311 ;7-11111 U /=11100aaINy The administrative office for the transaction of the business of the ,4ssesiaie Organization is located at the 0- ffit9e of +h^ oresmde. t of +h^ o ^ ^^ +; ^,Municipal Water District of Orange County. The Board of Directors is granted full power and authority to change the administrative office from one location to anether On place within the County of Orange, State of California, and such change shall not be considered an amendment of these bylaws. ARTICLE II MEMBERSHIP SECTION I. QUALIFICATION FOR MEMBERSHIP There shall be two Glasses- categories of membership in the AssesiatienOrganization: A. REGULAR MEMBERS: Shall be INDEPENDENT SPECIAL DISTRICTS which hat are up blic agencies within the County of Orange, State of California, for the local performance of governmental proprietary functions within limited boundaries, governed by a publicly elected Board of Directors or those officials appointed, in whole or in part, by another governmental body. Independent Special Districts does not include the State, the county, Ottycities, COURty or Sc heel school nom+, Gtdistricts. Independent Special Districts shall be further defined in accordance with California Government Code Section 56044: ""Independent district" or "independent - Formatted: Font: Italic special district" includes any special district having a legislative body all of whose members are elected by registered voters or landowners within the district, or whose members are appointed to fixed terms. "Independent special district" does not include any district excluded from the definition of district contained in Sections 56036 and 65036.6. B. ASSOCIATE MEMBERS: Shall be those persons,, organizations, or governmental entities whp hat have evidenced interest in the purposes and goals of the AssesiatienOrganization, but whe-are not members erindependent Special Districts. 4( - GOfficers or members of an Independent Special District Gan -are ineligible to be an Associate Member. C. APPROVAL OF MEMBERSHIP: The Executive Committee shall review, and the - Beard- .,f n,ro,.+„rs sh approve, all applications for membership, provided that the applicant meets the established membership criteria. SECTION II. VOTING RIGHTS Each Regular Member 9is#r+stdistrict, in good standing, shall be entitled to one vote on all matters brought before the membership for a vote. The presiding officer of the governing body of each Regular - Member aEl8RGYdistrict shall �o the right .,f the Member +„ vetebe recognized by the Organization as the voting representative for his /her district., Each district shall designate in writing and submit to the Organization's Secretary alone alternate governing board member who shall have the right to vote in the absence of the °°°i^ ^°d „^+,,,g F8PF868Rta +,,,°presiding officer. The Executive Committee may, On theirat its discretion, authorize the voting upon any issue by written ballot which shall be sent via U.S. mail and emailma+led to each Regular 4:H�Member district. Such authorization shall specify the times date and method by which the completed ^ ^+-written ballots must be received by the Presi'°^ +.,f the o�� ;, +; ,Organization. A majority vote of all members present at a meeting or of all written ballots received by the submission deadline shall be necessary to carry any matter voted upon. Associate Members shall not have the right to vote on any matter before the AssesiatieeOrga nization. SECTION III. ANNUAL DUES Annual dues shall be due and payable on or before the first day of January of each year. New members shall pay their annual dues at the time they are approved for membership in the AssesiatienOrganization. New member dues for the initial year shall not be pro- rated. The dues of the Organization shall be reviewed and set by the Executive Committee for Regular Members and #e�Associate Members. Associate Member dues need not be the same as dues for Regular Members. No assessments, other than annual dues, shall be levied on the members of the association without an affirmative majority vote of the membership. SECTION IV. TERMINATION OF MEMBERSHIP Any member in arrears in the payment of dues for a period of three. menths-hirty days after said dues are due and payable shall be notified in writing by the Treasurer of such arrearage, and, if such dues shall continue unpaid for a period of another sithirty (&930) days, such member shall automatically cease to be a member of the AssesiatieeOrganization. Any member that voluntarily terminates membership in the Organization shall not be eligible for a refund of membership dues or other assessment already paid to the Organization. SECTION V. REINSTATEMENT OF MEMBERSHIP - Formatted: Front: Bold Formatted: Font: Bold Regular and Associate memberships that were previously terminated may be Formatted: Font: Bold reinstated after the Executive Committee receives a written petition for reinstatement and payment of the petitioners annual membership dues and other assessments for the current calendar year have been received by the Organization. ARTICLE III BOARD OF DIRECTORS SECTION I. NUMBER AND TERM OF OFFICE A. The Board of Directors shall consist of ^^° FePFe6eRta v °the presiding officer from each of +he ,, w hor IRG18I98RG18„+ S198GOal Di6+ri,.+&Regular Member district, in good standing. If the ,, t8d F8PF868Rta +,,,°presidinq officer is not present, the then that district's alternate memerrepresentative; shall act in his /her stead. B. The members of the Board of Directors shall serve until replaced by another appe+Rted- governing board member of his /her'RdepeRd°„+ Ddistrict. Any vacancy on the Board of Directors shall be filled by the new presiding officer of he District from which the vacancy occurred. SECTION II. DUTIES OF THE BOARD OF DIRECTORS A. The Board of Directors shall set policy for the 4sesiatiee OSDQ(;4 rganization. Thp Rpard Af Dorpt;tArs; shall set A 86 aGFes9,;,M 8Rd8dbythP €Xesut+ue r—B. The Board of Directors shall elect, at their °,,RUal 9Ua# rl"its final meeting efthein even years, a President, a First Vice President, a Second Vice President, a Third Vice President, a Secretary, and a Treasurer. These officers, along with the immediate Immediate Past President, shall be designated as the Executive Committee,, whose duty shall be to assist the Board of Directors in setting policy, and conducting the business of the Organization. DC. The Executive Committee shall be responsible for implementing the policies established by the Board of Directors as approved at a General Membership Meeting or a Special Meeting of the membership. €D. The members of the Executive Committee shall be elected for a two -year term. SECTION III. OFFICERS AND DUTIES A. PRESIDENT The President shall be the chief executive officer of 4SD94—the Organization. The President shall preside at all meetings of the Board of Directors, the Executive Committee and the general membership. The President shall appoint all committees, and all GhaiFP8FE;9RE; 9f EM w,i+Fo oo d +h +ho a --I A- A -! r-_+if.;-_+i9R by +ho 699- Fd- .,f P1iro(_;tAFo The President shall represent 4S9B4'—the Organization as ##e its official spokesperson and he /she shall also have the fight- authority to delegate such responsibility, with approval of the Executive Committee. The President shall be an ex- officio member of all Committees. B. FIRST VICE PRESIDENT The First Vice President, in the absence or disability of the President, shall perform all the duties of the President, and when so acting, he /she shall have the powers of and be subject to all the restrictions upon the President. The First Vice President shall be the Chairs of the Program Committee. C. SECOND VICE PRESIDENT The Second Vice President, in the absence or disability of the President and First Vice President, shall perform all the duties of the President and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Second Vice President shall be ChairMaR of the Membership Committee. D. THIRD VICE PRESIDENT The Third Vice President, in the absence or disability of the President, First Vice President, and Second Vice President, shall perform all the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Third Vice President shall be Chairs of the Legislative Committee. E. SECRETARY The Secretary shall maintain a written record of all business conducted at the meetings of the Board of Directors and the Executive Committee. The Secretary or his /her designee shall be responsible for all correspondence and m" the dissemination of information to members. F. TREASURER The Treasurer shall maintain the complete financial records ande# ISDBG, establish and maintain bank accounts in the name of the AssesiaieOrganization, and pay all bills duly approved by the Executive Committee in accordance with the yearly budget. There shall be an annual audit of the books of the Treasurer by a competent accountant or accounting agency, designated by the Executive Committee, with a report to be presented to the membership at the Organization's next membership meeting. G. IMMEDIATE PAST PRESIDENT The Immediate Past President shall serve as a voting, ex- officio member of the Executive Committee. H. All officers of the 4sesiatien Organization shall be elected or appointed officials, ept fho Se GFet Fy anal /er +ho Tlir eir, -a.;.h. 9f Wh9 M, May 9F May R 9t ho of a Regular Member district. However, an official who has been appointed to a district's elected board of directors must first be elected to that body before being eligible to serve as an officer of the Organization. I. Officials who wish to see election or appointment as an officer of the Organization shall first secure from his /her district an official endorsement of his /her candidacy in the form of a board resolution. ARTICLE IV MEETINGS SECTION I BOARD OF DIRECTORS A. The Board of Directors shall meet quarterly or no less than three times per calendar year. The last quarterly meeting of the calendar year shall be designated as the ANNUAL MEETING of the 4sesiatieeOrganization. B. The Seeretaf)�-Organization shall disseminate wa+- notices of &--Board Meetings at least fi#een hirty (4- 30) days prior to the Meeting. Said notices shall be disseminated via email seet-to all Regular and Associate Members, r 8^r 8E;8Rt,f,,,o- A-Ad- a';te's. The Notice shall give the date, time, location and ag8Rd+#any action items for er-the meeting. C. Special Meetings of the Board of Directors may be called at any time by the President, any ten (10) Members of the Board of Directors or by a majority of the Executive Committee. The Seereta+y- rganization shall °° ^d' °° ^h naembe, each oGGAG;.,fo rr IR hor 8aGh r 8Rtaf; „o and- eat-;h alto— atedisseminate notices of the Special Meeting at least five (5) business days prior to the meeting. Tlhe Said notice shall ig ve the date, time, location, and the subject matter of the Special Meeting. Action may only be taken on 444y-&u4+-matters listed on the Special Meeting ag8lRlda May ho "IGIF8668d at fho S198GOal naoof,Rgnotice. D. All meetings of the Board of Directors shall be held in Orange County. t- - - Formatted: Indent: Hanging: 0.5” t- - - Formatted: Indent: First line: 0" SECTION II. MEETINGS OF THE EXECUTIVE COMMITTEE A. The Executive Committee shall meet monthly at the Municipal Water District of Orange County, at a time and plaGe specified by the President and announced in the meeting notice. The monthly meetinq may be cancelled by the President if he /she determines that there is not sufficient business to justify a meeting. B. A Special Meeting of the Executive Committee may be called by the President or a majority of the Executive Committee, with five (5) business days advance notice given in writing via email by the SesretaryOrganization. Such notice shall state the date, time, location and agenda for the Special Meeting. c ,, , ,,,,+iGP_ May ho gi „o., C. All meetings of the Executive Committee shall take place in Orange County. SECTION III. QUORUM A. A quorum shall be established when the designated representatives of twenty -five (25 %) percent of the Regular members Members are present at a duly noticed Regular or spesial-Special m,&�Meeting of the lRd@P @Rd °„+ nistrigt 9f OFaRg8 G9 Organization. ARTICLE V AMENDMENTS These By -Haws may be amended by a majority vete of the Board of Directors members present at a duly noticed membership meeting. All proposed amendments shall be disseminated via U.S. Mail and email aa�to thi_—each Re gular —R e Member district, the r ntative of +ho diGtFiGt Rd +ho alto ate fey- the distri,.+ no less than thirty (30) days prior to a44)�-the membership meeting ARTICLE VI ENACTMENT OF AMENDMENTS These Amended and Restated By -I wuq laws are to take effect FebFuaFy 1, 2942 immediately upon approval of the Board of Directors. ARTICLE VII PARLIAMENTARY AUTHORITY All matters not covered under these By -Laws shall be governed by Roberts' Rules of Order. -End- Meeting Date: Io From: Presented By Prepared By: Subject: SUMMARY: AGENDA REPORT May 21, 2013 Executive-Administrative- Organizational Committee Steve Conklin, Acting General Manager Steve Conklin, Acting General Manager Damon Micalizzi, Public Information Officer District Media Policy Budgeted: Funding Source: Dept: ITEM NO. 4.3 N/A N/A Administration Reviewed by Legal: Yes CEQA Compliance: N/A The attached media policy has been drafted for Committee review and comment prior to full Board consideration. *Note - Legal Counsel is presently reviewing the policy. Any edits required will be made prior to taking the item to the full Board for review. STAFF RECOMMENDATION: That the Committee recommend the Board of Directors approve the media policy. DISCUSSION: With government and Special Districts under the microscope now more than ever, it is appropriate to have a policy in place that guides our interactions with the news media. The attached policy outlines in detail the limits on how the District's employees should interact with the media and provides guidelines for the release of public information to print and electronic news media. ATTACHMENTS: Name: Description: Type: REVISED Yorba Linda Water District Media Policy 2013.docx DRAFT MEDIA POLICY Backup Material YL 61 PUBLIC AFFAIRS 12013 YORBA LINDA WATER DISTRICT MEDIA POLICY A. POLICY STATEMENT: Yorba Linda Water District (YLWD) will be open and transparent, responsive, and proactive in communicating to the media. It is vital to maintain a healthy relationship with the media and to provide accurate information. All information will be provided in a professional and timely manner. B. GUIDING PRINCIPLES: a. Employees shall not use district policy as a shelter from releasing information to the media. b. No statements which may appear to be the opinion of Yorba Linda Water District's Board of Directors or YLWD shall be given without the approval of the Public Affairs Office. c. Only authorized YLWD staff will provide information to the media regarding events and issues. d. The General Manager and the Public Information Officer (PIO) must be informed immediately of media inquiries relating to sensitive or controversial issues, potential litigation, and personnel matters. e. In the absence of the PIO, and the General Manager, only authorized YLWD staff may release information to the media. f The General Manager or PIO will inform the YLWD Board of Directors of all media inquiries and advisories. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 1 I P a g e YL ,WJ PUBLIC AFFAIRS 12013 C. DEFINITIONS For the purposes of this policy, the following definitions will apply: a. "Authorized Persons" i. General Manager ii. Public Information Officer (PIO) iii. Staff acting under direction of an authorized person b. "News Release" — The release of information to the media by an authorized person, concerning an activity involving the Yorba Linda Water District. c. "California Public Records Act" —The California Public Records Act which states that, subject to certain exceptions, access to information concerning the conduct of people's business is a fundamental right of every person in the State. d. "Brown Act" — The Ralph M. Brown Act states that public commissions, boards and councils exist to aid in the conduct of the people's business, and their actions and deliberations must be conducted openly unless otherwise expressly authorized. e. "Privacy Act" — Federal and State legislation and court decision that establish conditions of disclosure and access to records by the public. f "Personal Information" — Recorded information about an identifiable individual, including: i. Religious or political beliefs or associations. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 21 PUBLIC AFFAIRS 12013 ii. Sexual orientation. iii. Fingerprints, blood type or inheritable characteristics. iv. Health, health history — both physical and emotional. v. Education, financial, criminal or employment history. vi. Personal views or opinions. vii. Anyone else's personal views or opinions about the individual. g. "The Media" - any persons who write or collect pictures, audio or video for newspapers, magazines or prepare news to be broadcast on radio, television or the internet. D. RELEASE OF INFORMATION & LEGAL RESTRICTIONS a. POLICY i. Providing information to the media is governed by: 1. California Public Records Act 2. Brown Act 3. California Penal Code 4. Relevant case law YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 3 1 Pa g e YL 61 PUBLIC AFFAIRS 12013 ii. It is the responsibility of YLWD Managers to notify the PIO of significant events or issues that occur within their departments, which may be of major interest to the YLWD Board of Directors, YLWD, the general public, and media. Such issues include, but are not limited to: 1. An event or issue that is controversial. 2. Injury or death of a staff member while on or off duty. 3. Major malfunctions of a YLWD facility that could impact the public or environment. 4. An unexpected work stoppage or inability to provide service. iii. No one shall release: 1. Information relating to liability. 2. Information that in anyway may jeopardize or interfere with an ongoing investigation by authorities or that may jeopardize a person's civil rights. 3. Any comment that would reasonably be deemed defamatory, slanderous, or libelous and is likely to injure the reputation of any person by exposing them to hatred, contempt, ridicule, or that is designed to insult the person named. 4. Any comment that would reasonably be deemed derogatory regarding an individual Director, Council Member, Commissioner, Council or Commission actions, or official District policy. Staff should also refrain from anticipating an action or position that has not been formally enacted or approved by the Board of Directors and YLWD Management. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 41 Page YL 61 PUBLIC AFFAIRS 12013 5. Information contrary to the provisions of the California Public Records Act, the Brown Act, the California Penal Code, and relevant case law. b. GUIDELINES AND EXEMPTIONS FOR RELEASE OF PERSONAL INFORMATION The California Public Records Act (CPRA) governs decisions regarding the disclosure of personal information. The decision to release information under an exception to the CPRA requires consultation with YLWD Counsel, unless there is an immediate danger at hand The fundamental precept of the California Public Records Act is that government records shall be disclosed to the public upon request, unless there is a specific requirement or reason not to do so. i. Non - disclosure can be reasonably expected if disclosure adversely affects the government's ability to perform its assigned functions in a reasonably efficient manner, e.g.: 1. Compromise the confidentiality of investigative records or pending litigation. 2. Harm law enforcement, security, or an ongoing investigation. 3. Deprive a person of their civil rights. 4. Facilitate the commission of an offense. Prejudice the defense of Yorba Linda Water District (YLWD) as to a pending lawsuit or claim. ii. Exemptions under the California Public Records Act include: 1. Personnel or medical records with intimate or personal information. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 5 1 PUBLIC AFFAIRS 12013 2. Preliminary notes, drafts, and memoranda that are not retained in the ordinary course of business, provided that the public interest in withholding such records clearly outweighs the public interest in disclosure. 3. Investigative records and intelligence information. 4. Applications filed with any state agency responsible for the regulation or supervision of the issuance of securities or of financial institutions. 5. Information gathered under assurances of confidentiality. iii. Personal information may be released when: 1. The release of such information assists in warning the public about a risk of significant harm to the environment or to the safety of the public or a group of people. 2. The disclosure of which is clearly in the public interest. 3. The individual involved consents to the release of his or her personal information. 4. Records are available to the public. c. RELEASE OF PHOTOGRAPHS/PHOTOGRAPHY /VIDEO i. Photographs or video taken by the PIO, or photographs that the Public Affairs Office purchases or retains the rights to, may be provided to the media. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 6 PUBLIC AFFAIRS 12013 ii. Photographs or video of YLWD Staff may be provided to the media upon the agreement of the staff member and at the discretion of the PIO or General Manager. d. PUBLIC RECORDS i. The media is generally provided access to all records or proceedings which are deemed to be of a public nature including but not limited to: 1. Financial documents. 2. Salaries or salary ranges of YLWD staff. 3. The original claim for damages filed with the YLWD. 4. Completed project files. ii. In situations where there is a discrepancy or uncertainty regarding the release of an official document, YLWD legal counsel shall make a final determination. Such determination will be communicated to the PIO and the General Manager before release. E. RELEASE OF INFORMATION a. NEWS RELEASES i. All news releases shall be distributed by the PIO. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 7 1 Pa go PUBLIC AFFAIRS 12013 ii. All news releases shall follow Yorba Linda Water District (YLWD) news release template. All releases should be consistent, timely, and strictly factual. iii. All departments wishing to issue a news release must coordinate the distribution through the PIO. iv. All news releases must be initialed as authorized by a member of the Public Affairs Office and an original copy must be filed. b. STATISTICAL INFORMATION i. All media requests for statistical information shall be referred to the PIO and confirmed by the General Manager or designate before being provided to any outside person, group, or agency to ensure accuracy and consistency. c. MEDIA ADVISORY i. Upon completion of a media interview, staff will submit a summary via e -mail to the Public Affairs Office and the General Manager providing the following information: 1. Person interviewed and subject of interview. 2. Interviewer and media outlet. 3. Publication on air date of interview. 4. A short summary of the interview. F. GUIDELINES FOR RELEASING INFORMATION TO THE MEDIA YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 8 1 P a g e YL PUBLIC AFFAIRS 12013 a. UNAUTHORIZED STAFF i. When approached by media, unauthorized staff shall: 1. Refer questions and inquiries to the PIO or an authorized person. 2. Not restrict, prevent, or obstruct the media from videotaping or photographing Yorba Linda Water District (YLWD) staff in the performance of their duties, scenes, people, or events within public view. 3. Refrain from commenting on the activities of other agencies as media policies and guidelines differ from organization to organization. 4. Provide authorized members an account for all information given to media, other than routine incidents, as soon as possible by way of e -mail. b. AUTHORIZED STAFF i. In the absence of the PIO or General Manager, designated staff shall be responsible for managing media inquiries. ii. The Public Affairs Office will respond to media requests as a soon as practicable, keeping in mind news deadlines. iii. The Public Affairs Office shall prepare and distribute media advisories promptly following media interviewers. c. AUTHORIZED MEMBERS - GENERAL INFORMATION YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 9 YL PUBLIC AFFAIRS 12013 i. Upon receipt of an inquiry from a media representative, or upon becoming aware of an incident likely to be of interest to the media, an authorized member, in a timely manner, shall: 1. Attempt to obtain and provide information in a professional manner in accordance to guidelines set out herein. 2. Tell the reporter why he /she cannot provide information if they are unsure of the answer or are limited by restrictions. G. RELEASE OF INFORMATION- EMERGENCY MANAGEMENT a. POLICY i. In the event of a disaster, or when a community emergency is declared, an on -scene media spokesperson will be appointed. Frequently, the PIO or the General Manager will be the on -scene spokesperson. All media inquiries shall be directed to and coordinated through that person. 1. In the event of an emergency, the Public Affairs Office shall carry out duties as prescribed in the Emergency Management Plan. b. MEDIA RELATIONS OFFICER (OR DESIGNATE) i. In the case of a serious or major incident, the PIO, or designate, shall: 1. Attend the scene in order to assist media. 2. Set a staging area in conjunction with the authorities in charge. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 101 Page YL 61 PUBLIC AFFAIRS 12013 3. Ensure the safety of the media is considered. 4. Manage media information dissemination. He /she will not release information to the media unless authorized by the incident commander at the scene. H. MEDIA ACCESS a. YORBA LINDA WATER DISTRICT PUBLIC BOARD ROOM i. Media will not be barred or prohibited from any public area and are to be granted access to all public areas of kaRVT AD ii. Media personnel may be prohibited from entering specialized sections if entry may contravene privacy and non- disclosure policy. However, media personnel may pre- arrange an appointment to enter specialized sections, and shall always be accompanied by an authorized staff member. iii. In accordance with the Brown Act, in the event of a disruption at a public meeting or event, accredited news media not participating in the disturbance must be allowed to remain. b. INCIDENT SCENES i. Media must be given the same access to an incident scene as members of the general public. At times, media may be escorted to special holding areas within incident perimeters if the situation warrants and allows. ii. Media representatives shall be permitted access to a scene except when: 1. Dangerous or hazardous conditions exist. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS III Page PUBLIC AFFAIRS 12013 2. The presence of media may interfere or obstruct emergency service personnel. 3. Their presence poses a danger to victims or others. 4. Their presence may disturb evidence or a protected crime scene. iii. When the Public Information Officer or authorized staff member has been summoned to the scene, a media briefing area will be secured. iv. If necessary to restrict movement of the media, reasons must be explained without delay. v. Authorized members of the media are granted access to disaster areas under Penal Code section 409. S(d). Asa general rule, media representatives should not be admitted to National Defense areas, such as the crash of a military aircraft (66 Ops. Cal. Atty. Gen. 497 [1983]). vi. Pool feeds may be required when access is unavoidably restricted, and should be considered only when no other means to provide access to media is available. I. RELEASE OF INFORMATION CONCERNING YLWD EMPLOYEES a. POLICY i. Any media inquiries about a YLWD employee shall be forwarded immediately to the Public Affairs Office. Before information is released, legal counsel and /or input from Human Resources may be required. 1. Salaries of YLWD staff are public information. Providing a salary range is an acceptable practice. 2. Information regarding internal discipline and complaints against YLWD staff shall not be released. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 12 1 P a g e YL PUBLIC AFFAIRS 12013 3. Media inquiries regarding details or circumstances of an investigation or charges laid against a YLWD staff member shall be directed to the originating agency. b. CRIMINAL CHARGES i. If an employee is charged criminally, Yorba Linda Water District (YLWD) through the PIO or Human Resources Manager or their designate, will confirm the person is /was an employee, and will relay that employee's current status i.e., employed, suspended or terminated, without further explanation. J. CORRECTING ERRORS a. POLICY i. Yorba Linda Water District (YLWD) has a responsibility to clarify or correct facts inaccurately released by the media. 1. It is the responsibility of Department Managers to contact the Public Affairs Office when a story has been published or aired with a factual error that significantly impacts on the public's perception of the issue at hand. Media contact will be made at the discretion of the PIO. 2. Department Managers shall contact the Public Affairs Office when an editorial comment or story is published or aired that does not adequately represent a balanced perspective of the issue at hand. The PIO will determine if further action is appropriate. b. RESPONDING TO MEDIA STORIES AS A PRIVATE CITIZEN YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 13 1 P a g e PUBLIC AFFAIRS 12013 i. Employees who choose to contact, initiate or respond to YLWD related news stories as a private citizen must follow the following guidelines: 1. Letters may not be prepared on District time, YLWD stationary, or mailed at YLWD's expense. 2. Contact may not be made on District time using District telephones or e- mails. 3. Use of YLWD facilities or supplies is prohibited. 4. Responses shall not include the employee's YLWD title or be considered on behalf of the YLWD and /or the Board of Directors. 5. Statements made to the media shall not disrupt public meetings or interfere with YLWD business. ii. The above guidelines also pertain to employees responding to or initiating media contact as official representatives of YLWD- sanctioned employee groups /unions. YORBA LINDA WATER DISTRICT I PUBIC AFFAIRS 14 1 P a g e AGENDA REPORT Meeting Date: May 21, 2013 ITEM NO. 5.2 Subject: First Report on 2013 Legislative Bills from Kidman Law LLP ATTACHMENTS: Description: KL Report on 2013 Legislative Bills.pdf Backup Material Type: Backup Material K1DMAN LAW LLP Water I Environment I Government 2030 Main Street, Suite 1300 Irvine, Califbrnia 92614 714- 755 -3100 714 - 755- 3110frz, www.kidmaniaw.com April 19, 2012 MEMORANDUM TO WATER AGENCY CLIENTS FROM Kidman Law, LLP RE First Report on 2013 Legislative Bills it APR G 2013 Enclosed please find the first Legislative Report for the 2013 legislative session of the California Legislature. The bills selected are those which we think should be of interest to one or more of our water agency clients. The individual bill summaries are extracted from the bills themselves and from information obtained from the Association of California Water Agencies or from other sources. The main focus of this session appears to be CEQA reform and the 2014 Water Bond. We have organized the bills into subject categories, provided a subject Table of Contents and provided a numerical order Index. We have access to bill text and other information if more detail is needed or if there are questions on the summary provided. KIDMAN LAW, LLP ul KIDMAN LAW LLP FIRST LEGISLATIVE REPORT FOR 2013 TABLE OF CONTENTS A. WATER BOND B. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES C. FRACKING D. WATER RESOURCES MANAGEMENT/WATER PROJECTS E. EMINENT DOMAIN; REAL PROPERTY F. PUBLIC OFFICIALS; ETHICS G. BROWN ACT/PUBLIC RECORDS H. LABOR, EMPLOYMENT AND BENEFITS I. PUBLIC WORKS /CONTRACTS J. WATER QUALITY/POLLUTION K. SPECIFIC AGENCIES AND /OR PROJECTS L. LAFCO M. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION PROCEDURES I Kidman Law LLP FIRST LEGISLATIVE REPORT FOR 2013 A. WATER BOND April 19, 2013 Existing law sets forth the Safe, Clean, and Reliable Drinking Water Supply Act of 2012 (the 2014 Water Bond), which, if approved by the voters at the November 2014 statewide general election, would authorize the issuance of bonds in the amount of $11.4 billion pursuant to the State General Obligation Bond Law to finance a safe drinking water and water supply reliability program. Four water- bond related proposals have been introduced in the 2013 legislative session— AB 142 (Perea), SB 36 (Rubio), SB 40 (Pavley) and SB 42 (Wolk). SB 36 is no longer a water bill. Most of the bills have limited language. SB 42 is included in this report and we will track the others for developments. Under existing law, the 2014 Water Bond would address water project needs in three categories as shown in chart below: Category 1: Local Resource Development $ 4.105 Chapter 5 Drought Relief $0.455 Chapter 6 Water Supply Reliability $1.400 Chapter 10 Groundwater Quality $1.000 Chapter 11 Recycling and Conservation $1.250 Category 2: Delta Ecosystem Restoration and Watersheds $ 4.035 Chapter 7 Delta Sustainability $2.250 Chapter 9 Watersheds $1.785 Category 3: Storage for Coequal Goals $ 3.000 Chapter 8 Statewide Water System $3.000 Total Investments (in billions) $11.140 The competing measures introduced in the current session each would reduce the total dollar amount to be presented to the voters and will undoubtedly reorganize priorities among and within the categories previously approved by the legislature. Any substantive changes to the Water Bond will require a 2/3 vote in both houses. Legislators are likely to fall in one of several camps, including (but not limited to): 1) those who want to improve the Water Bond's viability by reducing the size and eliminating the pork; 2) those who want to repeal the current version and start from scratch on a smaller bond; and 3) those who do not want to make any changes. A.1 SB 42 (Walk) The California Clean, Secure Water Supply and Delta Recovery Act of 2014 This bill would repeal the 2014 Water Bond. This bill would instead enact the California Clean, Secure Water Supply and Delta Recovery Act of 2014 (the SB 42 Bond), which, if adopted by PA Kidman Law LLP April 19, 2013 the voters, would authorize the issuance of bonds in an unspecified amount pursuant to the State General Obligation Bond Law to finance a clean, secure water supply and Sacramento -San Joaquin Delta recovery program. The bill would provide for the submission of the new bond act to the voters at the November 4, 2014, statewide general election. ACWA Position: Not favor Loc: Sen. Nat. Res. & Water B. ENVIRONMENTAL QUALITY AND ENDANGERED SPECIES 13.1 AB 37 (Peres) Environmental quality: California Environmental Quality Act: record of proceedings. CEQA establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agency's action on the grounds of noncompliance with CEQA. This bill would require, until January 1, 2017, for specified projects or upon the request of a project applicant and the consent of the lead agency, that the lead agency, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, environmental impact reports, or other environmental documents for specified projects. ACWA Position: Watch Loc: Asm. Nat. Res. B.2 AB 380 (Dickinson) California Environmental Quality Act: notice requirements. This bill would provide for at least two CEQA compliance court districts within the state, with a CEQA compliance court in every district, consisting of at least three judges. The bill would require the Governor to appoint judges to the CEQA compliance court based upon their expertise in CEQA and related land use and environmental laws, so that those judges would be able to hear and quickly resolve those actions or proceedings. The bill would give the CEQA compliance court jurisdiction over actions or proceedings involving CEQA, as well as joined matters involving related land use and environmental laws. This bill would additionally require a lead agency to file certain notices pertaining to its CEQA compliance with both the Office of Planning and Research and the county clerk and be posted by county clerk for public review. ACWA Position: Oppose unless amended Loc: Asm. Loc. Gov. B.3 AB 543 (Campos) California Environmental Quality Act: translation This bill would require a CEQA lead agency to translate certain notices required by CEQA and a summary of any negative declaration, mitigated negative declaration, or environmental impact 3 Kidman Law LLP April 19, 2013 report, when the impacted community has a substantial number of non - English - speaking people, as defined. ACWA Position: Oppose Loc: Asm. Nat. Res. B.4 AB 1302 (Hagman) Environmental Quality. the Sustainable Environmental Protections Act This bill would enact the Sustainable Environmental Protection Act and would specify the environmental review required pursuant to CEQA for projects related to specified environmental topical areas. For a judicial action or proceeding filed challenging an action taken by a lead agency on the ground of noncompliance with CEQA, the bill would prohibit a cause of action that (1) alleges noncompliance with CEQA based on any topical area or criteria for which compliance obligations are identified or (2) challenges the environmental document based on noncompliance with CEQA if. (A) the environmental document discloses compliance with applicable environmental law, (B) the project conforms with the use designation, density, or building intensity in an applicable plan, as defined, and (C) the project approval is conditioned on compliance with applicable mitigation requirements in the environmental document. The bill would provide that the Sustainable Environmental Protection Act only applies if the Iead agency or project applicant has agreed to provide to the public in a readily accessible electronic format an annual compliance report prepared pursuant to the mitigation monitoring and reporting program. ACWA Position: Watch B.5 SB 123 (Corbett) Loc: Asm. Nat. Res. Environmental land -use court This bill would require the Judicial Council to direct the creation of an environmental and land - use division within 2 or more superior courts within each of the appellate districts of the state to process civil proceedings brought pursuant to CEQA or in specified subject areas, including air quality, biological resources, climate change, hazards and hazardous materials, land use planning, and water quality. The bill would require the Judicial Council, by rule of court, to identify statutes in those specified areas that would be within the jurisdiction of the environmental and land -use court division. The bill would require the Judicial Council, by rule of court, to establish appropriate standards and protocols for the environmental and land -use court division to accomplish the objectives of consistency, expediency, and expertise, including educational requirements and other qualifications for specialized judges assigned to the division. ACWA Position: Watch Loc: Sen. Jud. B.6 SB 436 (Jackson) California Environmental Quality Act: notice CEQA requires a lead agency to provide public notice within a reasonable period of time prior to certification of the EIR or adoption of the negative declaration. The notice must be provided to 4 Kidman Law LLP April 19, 2013 the last known name and address of all organizations and individuals who previously requested the notice and by at least one of several procedures, including by direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll. This bill would revise the requirements for notice of intent to certify an EIR or adopt a negative declaration to include notice to the State Clearinghouse and project applicants, and by at least one of the several listed procedures. ACWA Position: Watch B.7 SB 617 (Evans) Loc: Sen. Env. Qual. California Environmental Quality Act. 1) This bill would require certain CEQA - required notices to be posted on a publicly available online database established and maintained by the Office of Planning and Research. Any CEQA- established time or limitation periods would not commence until the notices are actually posted for public review by the county clerk or are available in the online database, whichever is later. 2) This bill would require, until January 1, 2017, the lead agency, at the request of a project applicant, to, among other things, prepare a record of proceedings concurrently with the preparation of negative declarations, mitigated negative declarations, EIRs, or other environmental documents for specified projects. 3) This bill would additionally require the lead agency to include in an environmental impact report a detailed statement on any significant effects that may result from locating development near, or attracting people to, existing or reasonably foreseeable natural hazards or adverse environmental conditions. ACWA Position: Oppose Loc: Sen. Env. Qual. B.8 SB 731 (Steinberg) Environment: California Environmental Quality Act and sustainable communities strategy. This bill would state the intent of the Legislature to enact legislation revising CEQA to, among other things, provide greater certainty for smart infill development, streamline the law for specified projects, and establish a threshold of significance for specified impacts. Existing law establishes the Strategic Growth Council to manage and award grants and loans to support the planning and development of sustainable communities strategies. This bill would state the intent of the Legislature to provide $30,000,000 annually to the council for the purposes of providing planning incentive grants to local and regional agencies to update and implement general plans, sustainable communities strategies, and smart growth plans. ACWA Position: Watch 5 Loc: Sen. Rls. Kidman Law LLP April 19, 2013 B.9 SB 787 (Berryhill) Environmental quality: the Sustainable Environmental Protection Act. This bill would enact the Sustainable Environmental Protection Act and would specify the environmental review required pursuant to CEQA for projects related to specified environmental topical areas. For a judicial action or proceeding filed challenging an action taken by a lead agency on the ground of noncompliance with CEQA, the bill would prohibit a cause of action that (1) relates to any topical area or criteria for which compliance obligations are identified or (2) challenges the environmental document if. (A) the environmental document discloses compliance with applicable environmental law, (B) the project conforms with the use designation, density, or building intensity in an applicable plan, as defined, and (C) the project approval incorporates applicable mitigation requirements into the environmental document. This bill would provide that the Sustainable Environmental Protection Act only applies if the lead agency or project applicant has agreed to provide to the public in a readily accessible electronic format an annual compliance report prepared pursuant to the mitigation monitoring and reporting program.. ACWA Position: Favor Loc: Sen. Env. Qual. C. FRACKING CA AB 982 (Williams) Oil and gas: hydraulic fracturing ACWA is following several hydraulic fracturing bills introduced into the legislature this year. ACWA has no position one way or the other on the practice of "fracking," per se. The water community is concerned only that state oversight of fracking assures protection surface and groundwater quality from degradation through unintended chemical releases. This bill would define "hydraulic fracturing." The bill would also require any notice of intent to drill, rework, or deepen a well where hydraulic fracturing will occur to include a groundwater monitoring plan for review and approval by the State Oils and Gas Supervisor and the appropriate Regional Water Quality Control Board, which would contain specific information relating to groundwater, water quality, and the monitoring of wells and water quality. The bill would further require any notice of intent to provide specific information regarding the amount of water, the source of the water, and the method of disposal of produced wastewater during hydraulic fracturing operations. ACWA Position: Watch C.2 AB 1301 (Bloom) Loc: Asm. Nat. Res. Oil and gas: hydraulic fracturing This bill would define "hydraulic fracturing" and would prohibit hydraulic fracturing in oil and gas operations until the Legislature enacts subsequent legislation that determines whether and R Kidman Law LLP April 19, 2013 under what conditions hydraulic fracturing may be conducted while protecting the public health and safety and the natural resources of the state. ACWA Position: Watch C.3 AB 1323 (Mitchell) Loc: Asm. Nat. Res. Oil and gas: hydraulic fracturing This bill would define "hydraulic fracturing" in oil and gas operations and would prohibit hydraulic fracturing until the completion of a report, as specified, and a determination is made that hydraulic fracturing can be conducted without a risk to the public health and welfare, environment, or the economy of the state. The bill would also express the intent of the Legislature to, among other things, protect the public health and welfare, natural and environmental resources, and economic interest of the state. Violation of the hydraulic fracturing prohibition would constitute a misdemeanor. ACWA Position: Watch Loc: Asm. Nat. Res. D. WATER RESOURCES MANAGEMENTIWATER PROJECTS DA AB 803 (Gomez) Water Recycling Act of 2013 1) The State Department of Public Health (DPH) establishes uniform statewide recycling criteria for each varying type of use of recycled water where the use involves the protection of public health. Existing regulations prescribe various requirements and prohibitions relating to recycled water. 2) This bill, the Water Recycling Act of 2013, would codify some of these regulations to (1) define various terms for the purpose of water recycling criteria, (2) require the use of certain quality recycled water for specified uses with prescribed prohibitions, and (3) modify prohibitions and requirements for dual - plumbed recycled water systems. 3) Existing law, the California Safe Drinking Water Act, provides for the operation of public water systems, and imposes on the DPH various responsibilities and duties. Existing law authorizes the DPH to enact regulations and the DPH has enacted. 4) This bill would codify some of the regulations relating to the protection of public water systems from unapproved water, including recycled water, established by the Department of Public Health, to (1) define various terms, (2) specify plumbing requirements, (3) prescribe certain protection to prevent backflow into the public water supply, and (4) specify when a changeover device may be used. 5) This bill would provide that notification to the local health officer of a discharge of sewage or other waste, or the effluent of treated sewage or other waste would not apply to an unauthorized discharge of effluent of treated sewage defined as recycled water. 6) This bill would authorize compliance with effluent limitations and any other permit or waste discharge requirements for the release or discharge of advanced treated purified water into 7 Kidman Law LLP April 19, 2013 a conveyance facility at the point where the advanced treated purified water enters the conveyance facility but prior to commingling with any raw water or other water source. ACWA Position: Support Loc: Asm, Wat. Parks & Wild. D.2 AB 1349 (Gatto) CalConserve Water Use Efficiency Revolving Fund This bill would establish the CalConserve Water Use Efficiency Revolving Fund administered by the Department of Water Resources and would continuously appropriate moneys in the fund, without regard to fiscal year, to the department, for the purpose of water use efficiency projects. This bill would require moneys in the fund to be used for purposes that include, but are not limited to, at -or -below market interest rate loans and would permit the department to enter into agreements with local governments or investor -owned utilities that provide water or recycled water service to provide loans. ACWA Position: Favor Loc: Asm. Wat. Parks & Wild. D.3 SB 750 (Wolk) Building standards: water meters: multiunit structures. The Water Measurement Law requires every water purveyor to require, as a condition of new water service on and after January 1, 1992, the installation of a water meter to measure water service. That law also requires urban water suppliers to install water meters on specified service connections, and to charge water users based on the actual volume of deliveries as measured by those water meters in accordance with a certain timetable. Existing law requires landlords to provide tenants with certain notices or disclosures pertaining to, among other things, pest control and gas meters. This bill would require a water purveyor that provides water service to a newly constructed multiunit residential structure or newly constructed mixed -use residential and commercial structure that submits an application for a water connection after January 1, 2014, to require the installation of either a water meter sub - meter, to measure water supplied to each individual dwelling unit. The sub - meters would not be the property of or the maintenance responsibility of the water purveyor. The building or property could still be master - metered and the water bill sent to the landlord, but the landlord would be required to read each separate sub- meters and bill the each tenant accordingly. This bill would require the owner of the structure to ensure that a water submeter installed for these purposes complies with laws and regulations governing installation, approval of meter type, maintenance, reading, billing, and testing of water sub - meters. This bill would impose further requirements on landlords follows: a) It would prohibit a landlord from charging tenants separately for water service unless a water and submetering system is installed, operated, and maintained. b) It would require a landlord to make certain disclosures to the tenant prior to the execution of the rental agreement, including, among other things, that the tenant will be billed for water separately from the rent and that the tenant will also be billed for a Kidman Law LLP April 19, 2013 portion of any recurring fixed charge billed to the property by the water purveyor. c) It would specify that a landlord may only bill a tenant for volumetric water usage and a portion of any recurring fixed charge billed to the property by the water purveyor. d) It would specify that the landlord's billing cycle for water service must match that of the water purveyor and that each bill must include certain information. c) It would prohibit a landlord from charging additional fees related to water service, except as part of a fixed charge included to calculate rent. f) It would require a landlord to maintain and make available installation, maintenance, and testing records to a tenant upon request. g) It would require a landlord to make certain repairs on the water system in a dwelling. h) It would permit the assessment of late fees. i) In addition to actual damages, it would permit a tenant to recover from the landlord certain damages, costs, and fees for a violation of the bill's provisions. The bill would authorize a city, county, a city and county or district to enforce these requirements. ACWA Position: Favor if amended Loc: Sen. Jud. E. EMINENT DOMAIN; REAL PROPERTY E.1 SB 608 (Wright) Adverse possession: public entity properties This bill would provide that a nonpublic entity has no right under the doctrine of adverse possession to possess, occupy, or own public property or claim a public property by adverse possession. The bill would prohibit a public entity, as defined, from selling real property or conveying a durable interest in real property, except by official action and if leased, such that the public entity maintains a reversionary interest in the property conveyed. The bill would provide that any sale or conveyance made or claimed in violation of its provisions may be voided by any party to the conveyance. ACWA Position: Favor Loc: Sen. Jud. F. PUBLIC OFFICIALS• ETHICS F1 AB 621 (Wagner) Local government: bonds. Existing law prohibits an investment firm, as defined, from having specified interests in a new issue of bonds from a local agency. This bill would prohibit a local agency from entering into a financial advisory, legal advisory, underwriting, or similar relationship with an individual or firm, with respect to a bond issue that requires voter approval on or after January 1, 2014, if that individual or firm, or an employee, agent, or person related to an employee or agent of the individual or firm, provided or will provide bond campaign services, as defined, to the bond campaign. ACWA Position: Watch Loc: Asm. Loc. Gov. I Kidman Law LLP April 19, 2013 F.2 AB 1149 (Campos) Identity theft: local agencies Existing law requires any state office, officer, or executive agency that owns or licenses computerized data that includes personal information to disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. This bill would expand this disclosure requirement to apply to a breach of computerized data that is owned or licensed by a local agency. ACWA Position: Watch Loc: Asm. Loc. Gov. F.3 AB 1059 (Wieckowski) Public officers and employees: 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 further prohibits these public officers and employees from being purchasers at any sale, or vendors at any purchase, made by them in their official capacity. This bill would extend the application of those prohibitions to independent contractors who perform a public function, and specifically provide when an independent contractor, or an owner, officer, employee, or agent of the independent contractor, has a financial interest in a contract. ACWA Position: Not favor unless amended F.4 AB 1235 (Gordon) Loc: Asm Elec. & Redis. Local agencies: financial management training Existing law provides for the establishment and operations of cities, counties, cities and counties, districts, and other local government agencies, the composition of their governing bodies, and the payment of governing body members for attending meetings and performing other duties, and prescribes conflicts of interest. Existing law requires that all local agency officials receive ethics training. This bill would require that if a local agency provides any type of compensation, salary, or stipend to, or reimburses the expenses of, a member of the legislative body, all local agency officials, except a member whose term of office ends before January 1, 2015, in local agency service as of January 1, 2014, or thereafter receive training in financial management. This bill would provide that if any entity develops criteria for the financial management training, then the State Treasurer's office and the State Controller's office must be consulted regarding any proposed course content. ACWA Position: Not favor unless amended Loc: Asm, Loc. Gov. 10 Kidman Law LLP April 19, 2013 F.S AB 1248 (Cooley) Local agencies: internal control guidelines Existing law requires the State Controller to superintend the fiscal concerns of the state, suggest plans for the improvement and management of the public revenues, and at least annually, summon county auditors to discuss problems with, among other things, the reporting of financial transactions of the counties. This bill would require the Controller, on or before January 1, 2015, to develop internal control guidelines applicable to a local agency to prevent and detect financial errors and fraud, based on specified standards and with input from any local agency and organizations representing the interests of local agencies. This bill would also require the Controller to, by the same date, post the completed internal control guidelines on the Controller's web site and update them, as he or she deems necessary and would require a local agency, starting on January 1, 2016, to comply with the guidelines. ACWA Position: Watch Loc: Asm. Loc. Gov. F.6 SB 407 (Hill) Local government: officers and employees: contracts. Existing law prohibits an employment contract for a local agency executive, as defined, from providing an automatic renewal of a contract that provides for an automatic compensation increase in excess of a cost-of-living adjustment or a maximum cash settlement in excess of certain limits, as specified. The term "local agency executive" includes any person who is either the chief executive officer of the local agency or a department head of a local agency. This bill would add any person who is a deputy or assistant chief executive officer, and any person whose position is held by an employment contract between that person and the local agency to the "local agency executive" definition. By expanding the duties of local officials, this bill would impose a state - mandated local program. ACWA Position: Watch G. GA SB 338 (Hill) Loc: Sen. Appr. BROWN ACT/PUBLIC RECORDS Local agency meetings: teleconferencing The Ralph M. Brown Act authorizes a legislative body to use teleconferencing to conduct a meeting, subject to specified requirements, including that each teleconference location be accessible to the public and that at least a quorum of the members of the body participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction. This bill would require, if the legislative body of a local agency elects to use teleconferencing and a teleconference location is located outside the boundaries of the local agency that the agenda be posted at that location at least 24 hours in advance of the meeting rather than 72 hours. ACWA Position: Favor Loc: Sen. Gov. & Fin. 11 Kidman Law LLP April 19, 2013 G.2 AB 792 (Mullin) Local government: open meetings The Ralph M. Brown Act requires the legislative body of a local agency to post, at least 72 hours before a regular meeting and at least 24 hours before a special meeting, 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 act requires that the agenda be freely accessible to members of the public, and be posted on the local agency's internet website, if the local agency has one. This bill would excuse the internet posting requirement if the local agency is unable to post the agenda on its website due to software, hardware or network services impairment beyond the local agency's reasonable control. The agenda instead would have to be posted immediately upon resolution of the technological problems and the technological problems must be announced at the meeting. This bill would provide that the delay in posting, or the failure to post, would not preclude a local agency from conducting the meeting or taking action on items of business, provided that the agency has complied with all other relevant requirements. ACWA Position: Favor Loc: Asm, Loc. Gov. H. LABOR, EMPLOYMENT AND BENEFITS 1. PUBLIC WORKSICONTRACTS 1.1 AB 536 (Wagner) Contractors: payments Existing law allows specified persons to withhold from a contractor or subcontractor no more than 150% of the disputed amount if there is a good faith dispute over the amount due on a contract payment. This bill would exclude specified amounts from being considered disputed amounts. ACWA Position: Notfavor unless amended Loc: Asm. Bus., Prof. & C.P. 1.2 AB 1212 (Levine) Public contracts: bids Existing law prohibits, except in specified circumstances, a state agency, political subdivision, municipal corporation, district, or public officer responsible for letting a public works contract from drafting bid specifications for that contract in a manner that limits the bidding to any one concern or product, unless the specification is followed by the words "or equal." Existing law requires that these bid specifications provide a period of time prior to or after, or prior to and after, the award of the contract to allow the contractor to submit data that demonstrates that a concern or product to be provided under the contract is equal to the concern or product identified in the bid specification. This bill would prohibit these bid specifications from requiring a bidder to provide submission of 12 Kidman Law LLP April 19, 2013 data substantiating a request for a substitution of "an equal" item prior to the bid or proposal submission deadline. ACWA Position: N/A J. JA AB 440 (Gatto) Loc: Asm A. & A.R. WATER UALITY/POLLUTION Hazardous substances: releases: local agency cleanup or remedy This hill would authorize a local agency, as defined, to take any action similar to that previously authorized for redevelopment agencies under the Polanco Redevelopment Act to remedy or remove a release of hazardous substances within the boundaries of the local agency, pursuant to the procedures specified in the bill. A local agency would be required to submit for approval a cleanup plan to the appropriate Regional Water Quality Control Board or a remedial action plan to the DTSC before taking action. The bill would authorize local agency recovery of cleanup and remedial costs from the liable party. ACWA Position: Watch J.2 AB 457 (Stone) Loc: Asm. Env. Safety & T.M. Freshwater Protection Act Under the Porter - Cologne Water Quality Control Act, the State Water Resources Control Board and the California regional water quality control boards are the principal state agencies with authority over matters relating to water quality. The state board and the regional boards prescribe waste discharge requirements for the discharge of waste that could affect the quality of the waters of the state. Existing law authorizes local agencies to adopt groundwater management laws that include contamination cleanup provisions. This bill would establish the Freshwater Protection Fund in the State Treasury, under the administration of the state board, and would provide that money in the fund at the close of the fiscal year shall remain in the fund and shall not revert to the general fund. This bill would require the state board, upon appropriation, to expend moneys from the fund for various purposes generally relating to groundwater and water quality. This bill would require the state board, in expending moneys from the fund, to prioritize programs that provide drinking water solutions for disadvantaged and severely disadvantaged communities. ACWA Position: Watch J.3 AB 850 (Nazarian) Loc: Asm. Env. Safety & T.M. Public capital facilities: water quality Existing law, the Marks -Roos Local Bond Pooling Act of 1985, authorizes joint powers authorities (JPA), among other powers, to issue bonds and loan the proceeds to local agencies to finance specified types of projects and programs. This bill would authorize a JPA, upon the application of a local agency that owns and operates a 13 Kidman Law LLP April 19, 2013 publicly owned utility, as defined, to issue rate reduction bonds to finance a utility project, as defined, under specified circumstances. The bill would provide that the rate reduction bonds are secured by utility project property, as defined. The bill would authorize the authority to impose on, and collect from, customers of the publicly owned utility a utility project charge, as a separate nonbypassable charge, to finance the rate reduction bond. The bill would authorize the authority to adjust the utility project charge to correct for any overcollection or undercollection to ensure timely payment of the financing costs of the rate reduction bonds. The bill would require the authority to enter into a servicing agreement with the local agency for the collection of the utility project charge. ACWA Position: Favor Loc: Asm. Loc. Gov. J.4 AB 1043 (Chau) Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006: groundwater contamination The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) makes approximately $5.4 billion in bond funds, including $60,000,000 made available to the State Department of Public Health (DPH) for the purpose of loans and grants for projects to prevent or reduce contamination of groundwater that serves as a source of drinking water. It requires the DPH to require repayment for costs that are subsequently recovered from parties responsible for the contamination. This bill would require a grantee of certain Proposition 84 funds to take specific actions to recover the costs of cleanup and to utilize those funds for certain groundwater contamination cleanup projects, as specified. The bill would require the grantee, before expending the funds recovered from a responsible party, as defined, to submit an expenditure plan to the DTSC for its review. The bill would require that fiords recovered from a responsible party by a grantee and used by the grantee for the costs of the specified groundwater contamination cleanup projects be deemed to be repaid by the grantee to the state. ACWA Position: Favor if amended J.5 AB 1251(Gorell) Loc: Asm. Env. Safety & T.M Water quality: stormwater This bill would require the Secretary for Environmental Protection to convene a stormwater task force to review, plan, and coordinate stormwater - related activity to maximize regulatory effectiveness in reducing water pollution. This bill would require the task force, on or before January 1, 2017, to submit to the Legislature a statewide stormwater plan regarding stormwater management and, in developing the plan, to consider specified issues. ACWA Position: Watch J.6 SB 395 (Jackson) Loc: Asm. Env. Safety & T.M. Hazardous waste: wells ACWA is following several hydraulic fracturing bills introduced into the legislature this year. ACWA has no position one way or the other on the practice of "fracking," per se. The water 14 Kidman Law LLP April 19, 2013 community is concerned only that state oversight of fracking assures protection surface and groundwater quality from degradation through unintended chemical releases. This bill addresses discharges from injection wells and removes an exclusion previously available for injections wells regulated by the Division of Oil and Gas. ACWA Position: Watch Loc: Sen. Env. Qual. K, SPECIFIC AGENCIES AND /OR PROJECTS K.1 SB 429 (Hernandez) San Gabriel Basin Water Quality Authority Act The San Gabriel Basin Water Quality Authority Act establishes the San Gabriel Basin Water Quality Authority (WQA). This bill extends the Act's July 1, 2017 repeal date to July 1, 2030. ACWA Position: Favor Loc: Sen. Appr. K.2 SB 658 (Correa) Orange County Water District Act: investigation, cleanup, and liability. The Orange County Water District Act establishes the Orange County Water District, consisting of specified lands in the County of Orange, including the Cities of Anaheim, Fullerton, and Santa Ana. The act authorizes the district to investigate the quality of the surface and groundwaters within the district to determine whether the waters are contaminated or polluted and authorizes the district to expend funds to perform any cleanup, abatement, or remedial work to prevent, abate, or contain the contamination of, or pollution to, the surface or groundwaters of the district. The act requires the person causing or threatening to cause the contamination or pollution to be liable to the district for reasonable costs actually incurred in cleaning up or containing the contamination or pollution, abating the effects of the contamination or pollution, or taking other remedial action. This bill would require the person also to be liable for the costs actually incurred in investigating the contamination or pollution. The bill would provide that these remedies are in addition to all other legal and equitable remedies available to the water district, including declaratory relief. ACWA Position: Watch Lac: Sen. Env. Qual. L. LAFCO L.1 SB 772 (Emmerson) Drinking Water This bill would require the State Department of Public Health (DPH) and the Public Utilities Commission (PUC) to collaborate with the Local Agency Formation Commission (LAFCO) in 15 Kidman Law LLP April 19, 2013 each county in the conduct a municipal services review (MSR) to create a comprehensive review of retail water suppliers in the county. ACWA Position: Favor Loc: Sen. Gov. & Fin. M. PROPERTY TAX ALLOCATION; REVENUE AND COLLECTION PROCEDURES M.1 SB 553 (Yee) Local government: assessment: elections Existing statutory law provides notice, protest, and hearing procedures for the levying of new or increased assessments, fees, and charges by local government agencies pursuant to Articles XIII C and XIII D of the California Constitution. This bill would require, if a local government agency opts to submit the proposed fee or charge for approval by a vote of the properly owners, as provided, that specified procedures be applied, except that ballots shall not be weighted. This bill would also require, if a local government agency opts to submit the proposed fee or charge for approval by the electorate, as provided, that the election be conducted by the county elections official or his or her designee. ACWA Position: Opposed unless amended 16 Loc: Sen. Gov. & Fin. Kidman Law LLP INDEX April 19, 2013 AB 37 (Perea )• ....................... AB 380 (Dickinson) ---------------- AB 440 (Gatto) ........... --- AB 467 Stone AB 536 ( Wagner ) .......................... --• AB 543 (Campos)________ AB 621 (Wagner) _________ • - • - - - -- -- AB 792 (Mullin).----- ------- - - - - -- ----------- - - - --------- - - - - -- - -- -- AB 803 ( Gomez) .............. -- ------------------------- --------------- ------ •--- AB 850 - - - - -- - 13 AB 982 (Williams).. 6 AB 1043 (Chau)- • --------------------------- AB 1059 Wieckowski ( ) 10 --------- AB 1149 ( Campos)-------- - - - - -- .................... - - - - - -- AB 1212 Levine AB 1235 Gordon AB 1248 ( Cooley) ------------ - - - - -• .......... AB 1251 (Gorell ) ___________ AB 1301 ( Bloom)- --- - - - -- 6 AB 1302 (Hagman) ------------------------------------------- AB 1323 (Mitchell)- ............................................... AB 1349 (Gatto)________ ________ SB 42 (Wolk)------------ •---...... - - - - -- ------ - -• - -- ------- - - - - -- SB 123 (Corbett)............................................ 4 - SB 338 (Hill) --------- -- - - -- ------- - - - - -- SB 395 (Jackson). _ SB 407 (Hill) ...... ... ...... SB 429 (Hernandez) ________________ SB 436 (Jackson) SB 553 (Yee)---------- - - - -- -- - - - - -- SB 608 (Wright) ---------- - - - - -- SB 617 (Evans). --------- ------ •-------- SB 658 (Correa)...__. ---------------------- - - - - -- -------------- •-------------- - - - - -- ------------------------------------ ._...__. - -15 SB 731 (Steinberg) SB 750 (Wolk) ----------------------- ----------------------- ----------------------------------------------- --------------------------- SB 772 (Emmerson) ....... ___.............................................. SB 787 (Berryhill)...... ________ 17 AGENDA REPORT Meeting Date: May 21, 2013 Subject: Customer Service Feedback Report ATTACHMENTS: Description: CR Tracking and Customer Feedback thru 04 April 2013.pdf Customer Service Feedback Report ITEM NO. 5.7 Type: Backup Material Leaks bey Month 800 58 S3 46 60 cC;i 40 May 0 30 20 In Jul Aug 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Main Leak - CC 2 8 9 3 0 0 0 0 0 0 0 0 Service Leak- CC 21 11 16 29 1 0 0 0 0 0 0 0 CAMS - CC 3 3 4 12 0 0 0 0 0 0 0 0 Meter Leak - CC 23 19 21 34 4 0 0 0 0 0 0 0 Fire Hydrant Leak - CC 1 2 6 2 0 0 0 0 0 0 0 Main Line Valve Leak - CC 3 3 2 2 tLO 0 0 0 0 0 0 LO Leaks -Total - CC 53 46 58 82 0 0 0 EO Pressure Calls by Month 18 16 14 12 C; 10 U 0 8 6 4 2 0 Jan Feb Mar 16 - Jan Feb Mar Apr 11 Jun Jul Aug 7 Oct Nov Dec 3 1 1 2 0 0 Jan Feb Mar Apr May2junj 0 0 � High Pressure 1 0 4 1 0 0 0 Low Pressure 10 7 6 15 3 0 0 -4—Pressure - Total 11 7 10 16 3 0 0 Sewer Issue Calls by Month 3.5 3 3 2.5 2 2 H 1s 11. Dec 0 0 0 V � 1 0.5 0 Jan Feb Mar \ - Jan Feb Mar Apr I May Jun Jul Aug Sep Oct Nov Dec � Sewer Stoppage 1 1 2 0 0 0 0 0 0 0 0 0 � Sewer Odor 0 2 0 1 0 0 0 0 0 0 0 0 Sewer Overflow 0 0 0 1 0 0 0 0 0 0 0 0 --$-- Sewer Issues - Total 1 3 2 2 0 0 0 0 0 0 0 0 U 0 Water Quality Calls by Month 4.5 4 — 3.5 — 3 2.5 2 1.5 1 0.5 V Jan Feb Mar I Apr May Jun I Jul Aug Sep Oct Nov Dec Dirty or Cloudy Water - CC 3 0 2 1 0 0 0 0 0 0 0 0 Taste - CC 0 0 1 0 0 0 0 0 0 0 0 0 Odor - CC 1 1 1 0 0 0 0 0 0 0 0 0 Water Quality - Total - CC 4 1 4 1 0 0 0 0 0 0 0 0 m U 0 30 25 20 15 10 5 0 Turn On /Off Calls by Month 1 0 0 0 0 0 0 0 Turn On 6 1 5 5 1 0 0 0 0 0 0 0 1 0 Turn Off Z112 21 10 1 0 0 0 0 0 0 0 Turn On/Off- Total 27 1 17 26 11 1 0 0 0 0 0 0 0 m U O Misc. Calls by Month 60 50 50 41 40 26 23 30 20 2 0 10 0 0 0 0 0 0 0 Tan Feb Mar ADr I Mav I Tun I Tul I Aua I Sen I Oct I Nov I Dec � Noise in Pipes 0 0 0 0 0 0 0 0 0 0 0 0 � Damaged Box or Lid 8 1 5 5 1 0 0 0 0 0 0 0 � Customer Problem 2 5 6 7 1 0 0 0 0 0 0 0 Contractor 2 1 0 0 0 0 0 0 0 0 0 0 Other 21 15 9 26 0 0 0 0 0 0 0 0 �No Water 8 4 3 12 0 0 0 0 0 0 0 0 --*--- Misc - Total 41 26 23 50 2 0 0 0 0 0 0 0 200 180 160 140 4 120 c� w 100 0 U 80 roil] 40 20 Service Calls by Type I ".A ` ON Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Leaks - Total 53 46 58 82 7 0 0 0 0 0 0 0 ==Water Quality - Total 4 1 4 1 0 0 0 0 0 0 0 0 � Pressure- Total 11 7 10 16 3 0 0 0 0 0 0 0 I Turn On /Off- Total 27 17 26 11 1 0 0 0 0 0 0 0 I Sewer Issues - Total 1 3 2 2 0 0 0 0 0 0 0 0 � Misc - Total 41 26 23 50 2 0 0 0 0 0 0 0 -4--Total 137 100 123 162 13 0 0 0 0 0 0 0 250 212 200 y AV- 150 ca U 100 7 50 Customer Card Feedback 139 ♦; 0 Jan Jul Feb Mar Apr L—oExcellent 208 83 68 116 � Average 4 4 0 20 �Poor 0 0 0 3 Total 212 87 68 139 0 0 0 0 0 0 0 0 [ay Jun Jul Aug Sep Oct Nov Dec 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ITEM NO. 5.8 AGENDA REPORT Meeting Date: May 21, 2013 Subject: Director's and Acting General Manager Fees and Expenses ATTACHMENTS: Travel Expenses 2012- 13.xlsx Qtrly Report 2012- 13.xlsx FY 2012 -13 YTD Report.xlsx Description: 3rd Quarter Travel and Expense Report 3rd Quarter Report FY 2012 -13 YTD Report FY 2012 -13 Type: Backup Material Backup Material Backup Material DIRECTOR'S & GENERAL MANAGER'S RECAP OF TRAVEL /CONFERENCE EXPENSES THIRD QUARTER 2012 -13 FY JANUARY - MARCH 2013 GL Trip Trip Trip Director Date Date Name Location Meals Lodging Travel Conf.fee Misc Total trip Total Beverage Collett 2/6/2013 Jan. 31, 2013 ISDOC Qtrly Meeting & Lunch Fountain Valley, CA Hawkins 2/6/2013 Jan. 31, 2013 ISDOC Qtrly Meeting & Lunch Fountain Valley, CA Kiley 1/14/2013 Feb. 20 -22, 2013 Urban Water Institute Confr. Palm Springs, CA 1/28/2013 Jan. 23, 2013 MWDOC Water Policy Forum Fountain Valley, CA 2/6/2013 Jan. 31, 2013 ISDOC Qtrly Meeting & Lunch Fountain Valley, CA 2/28/2013 Feb. 20 -22, 2013 Urban Water Institute Confr. Palm Springs, CA Melton 1/8/2013 Feb 20 -21, 2013 CSDA Leadership Academy 1/15/2013 Dec 13 -14, 2012 CRWUA Annual Conference Las Vegas, NV 1/28/2013 Jan. 23, 2013 MWDOC Water Policy Forum Fountain Valley, CA 1/28/2013 Feb 20 -21, 2013 CSDA Leadership Academy San Diego, CA 3/28/2013 Feb 20 -21, 2013 CSDA Leadership Academy San Diego, CA $162 $113 $127 $100 $60 $164 $36 $85 $17 $17 $425 $75 17 $32 $225 $75 $0 $0 $17 $17 $17 $17 $587 $75 $17 $272 $951 $225 $160 $75 $164 $121 $0 $744 $249 $326 $271 $851 $32 $1,729 $1,729 General Manager Conklin 1/28/2013 Jan. 23, 2013 MWDOC Water Policy Forum Fountain Valley, CA $75 $75 Total GM $0 $0 $0 $75 $0 $75 $75 Total directors & GM $249 $326 $271 $926 $32 $1,804 $1,804 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES FISCAL YEAR 2012 -2013 3RD QUARTER REPORT FROM 01 -01 -2013 TO 03 -31 -2013 11 :04:Lte3idi114 :1a a_Vi11:11k :'llII iviI40 to] ki �lil1 -b to] t_1i<d0]ki I:AIk to] t_1I REGULAR MEETINGS ATTENDED 6 6 5 6 7 30 COMMITTEE MEETINGS ATTENDED 15 10 7 5 9 46 OFF SITE MEETINGS ATTENDED 0 3 4 12 9 28 SPECIAL MEETINGS ATTENDED 4 4 4 3 2 17 OTHER MEETINGS ATTENDED 1 4 2 4 1 12 TOTAL MEETINGS ATTENDED QTD 26 27 22 30 28 133 133 DIRECTOR FEES QTD $3,900 $4,050 $3,300 $4,500 $4,200 $19,950 $19,950 MEETING FEES BUDGET QTD $4,500 $4,500 $4,500 $4,500 $4,500 $22,500 $22,500 TRAVEL & CONF. EXPENSES QTD $0 $17 $17 $951 $744 $1,729 $1,729 TRAVEL & CONF. BUDGET QTD $510 $510 $510 $510 $510 $2,550 $2,550 DIR.FEES AND EXPENSES QTD $3,900 $4,067 $3,317 $5,451 $4,944 $21,679 $21,679 FEES AND EXPENSES BUDGET QTD $5,010 $5,010 $5,010 $5,010 $5,010 $25,050 $25,050 GEN MGR EXPENSES QTD $75 $75 GEN MGR TRAVEL /CONF. BUDGET QTD $1,250 $1,250 TOTAL FEES & EXPENSES QTD $3,900 $4,067 $3,317 $5,451 $4,944 $21,679 $75 $21,754 TOTAL FEES & EXPENSES BUDGET QTD $5,010 $5,010 $5,010 $5,010 $5,010 $25,050 $1,250 $26,300 YORBA LINDA WATER DISTRICT DIRECTORS AND GENERAL MANAGER FEES AND EXPENSES YEAR -TO -DATE REPORT FROM 07 -01 -2012 TO 03 -31 -13 FISCAL YEAR 2012 -2013 VECCHIARELLII BEVERAGE COLLETT HAWKINS KILEY MELTON SUB -TOTAL CONKLIN TOTAL DIRECTORS: REGULAR MEETINGS ATTENDED 18 17 15 17 18 85 COMMITTEE MEETINGS ATTENDED 40 24 22 19 24 129 OFF SITE MEETINGS ATTENDED 5 5 16 35 25 86 SPECIAL MEETINGS ATTENDED 11 11 10 9 8 49 OTHER MEETINGS ATTENDED 2 5 6 4 3 20 TOTAL MEETINGS ATTENDED YTD 76 62 69 84 78 369 369 DIRECTOR FEES YTD $11,400 $9,300 $10,350 $12,600 $11,700 $55,350 $55,350 MEETING FEES BUDGET YTD $13,500 $13,500 $13,500 $13,500 $13,500 $67,500 $67,500 TRAVEL & CONFERENCES EXPENSES YTD $1,295 $92 $169 $1,512 $2,694 $5,762 $5,763 TRAVEL & CONFERENCE BUDGET YTD $1,530 $1,530 $1,530 $1,530 $1,530 $7,650 $7,650 TOTAL DIRECTORS FEES & EXPENSES YTD $12,695 $9,392 $10,519 $14,112 $14,394 $61,112 $61,112 TOTAL FEES & EXPENSES BUDGET YTD $15,030 $15,030 $15,030 $15,030 $15,030 $75,150 $75,150 GEN MGR EXPENSES YTD $743 $743 GEN MGR TRAVEL & CONFERENCE BUDGET YTD $3,750 $3,750 TOTAL FEES & EXPENSES YTD $12,695 $9,392 $10,519 $14,112 $14,394 $61,112 $743 $61,855 TOTAL FEES & EXPENSES BUDGET YTD $15,030 $15,030 $15,030 $15,030 $15,030 $75,150 $3,750 $78,900 AGENDA REPORT Meeting Date: May 21, 2013 ITEM NO. 5.9 Subject: Status of Strategic Plan Initiatives ATTACHMENTS: Description: Type: EAO - Strategic Plan Trackinq.xlsx April 2013 Initiatives Backup Material Strategic Plan Initiatives Status Report Executive - Administrative - Organizational Committee Strategies Start Date Completion Lead Party April 2013 Progress Date CP 1: Increase Brand Reco nition within the Communit Have Board of Directors and YLWD Staff Attend More Immediately Attendance at standing BOD /GM /PIO/ CP 1 -C Local and Regional following Nov- On -going intergovernmental Staff Events and Inter- 2010 election meetings governmental Meetings CP 2: Increase Public Awareness of Water and Wastewater Related Issues (1) Customer received a Provide Financial rebate for Rotating Incentives and Nozzles and /or WBIC. CP 2 -A Jul -11 On -going BOD /GM /PIO Rebates for Water Use MWDOC Turf Removal Efficiency Program & Synthetic Turf Program tabled. Consider Participation in the California Urban Water Committee Opted Not to CP 2 -C Conservation Sep -11 Dec -11 GM Move Forward Council's Best Management Practices Enhance the District's Regional Water and CP 2 -D On -going On -going BOD /GM /Staff On -going Wastewater Industry Participation WE 1: Retain a Highly Skilled and Capable Workforce Attended Groundwater Encourage Staff Producers Meeting, & Participation in Public Affairs Meeting. WE 1 -F Professional On -going On -going General Manager Attended quarterly OC Organizations and Water Operations Local Civic Groups Managers Association meeting. WE 3: Enhance Employee Relations Implement a Program On -Hold due to higher WE 3 -A to Recognize Jul -11 Sep -11 EPIC Committee priority Staff projects in Employees for Excellence process WE 3 -13 Conduct Quarterly All- Jul -11 Quarterly General Manager Held January 23, 2014 Hands Meetings Continue to WE 3 -C Encourage Employee On -going On -going General Manager On -going Training in Leadership and Technology SR 2: Explore Service Boundary Opportunities Evaluate Feasibility of SR 2 -A Providing Additional Jul -11 Jun -12 General Manager On -going Water Services with the Region Evaluate Feasibility of SR 2 -13 Providing Additional Jul -11 Jun -12 General Manager On -going Wastewater Services with the Region Evaluate Feasibility of SR 2 -C Providing Other Jul -11 Jun -12 General Manager On -going Professional Services with the Region SR 1: Work Toward Service Reliability and Efficient Continue with Efforts A letter opposing the Annexation by nine sister SR 1 -A to Annex District On -going On -going General Manager water agencies was Service Area to Orange received by OCWD on May County Water District 10, 2013. Engage with Regional SR 1 -C Agencies on Water On -going On -going General Manager N/A Supply Issues Strengthen Existing Emergency Update of Emergency SR 1 -D Emergency Operations On -going On -going Operations Response Plan in process Partnerships Coordinator /GM FR 3: Identify and Develop Additional Revenue Options Research and Obtain On -going assessment FR 3 -A Grant Funding On -going On -going General Manager through Townsend Public Whenever Feasible Affairs OE 2: Address Inefficiencies Identified in the Self- Assessment Survey On -Hold due to higher Identify Core OE 2 -A Jul -11 Jun -12 EPIC Committee priority Staff projects in Inefficiencies process On -Hold due to higher Develop Measurable OE 2 -13 Aug -11 Jun -12 EPIC Committee priority Staff projects in Productivity Goals process Engage Employees in On -Hold due to higher OE 2 -C Methods of Addressing Sep -11 Jun -12 EPIC Committee priority Staff projects in Inefficiencies process OE 3: Consider Utilization of a Peer Review Survey Determine the Cost Management Completed Feb 2012 OE 3 -A Benefit Ratio of a Peer Jul -11 Sep -11 Analyst Meeting Review Survey Establish a Team to Opted Not to Move OE 3 -13 Determine the Focus Sep -11 Oct -11 EPIC Committee Forward with Peer Review of the Survey Survey Institute Guidelines Opted Not to Move OE 3 -C for Areas to Be Sep -11 Dec -11 EPIC Committee Forward with Peer Review Addressed Survey