HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 03/28/2012 East.Valley
tooWater District
3694 HIGHLAND AVE., SUITE #30, HIGHLAND, CA
BOARD MEETING March 28, 2012 5:30 P.M.
AGENDA
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"In order to comply with legal requirements for posting of agenda, only those items filed with the
District Secretary by 12:00 p.m. on Wednesday prior to the following Wednesday meeting not
requiring departmental investigation, will be considered by the Board of Directors".
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CALL 'I'0 ORDER
PLEDGE OF ALLEGIANCE
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PUBLIC COMMENTS - At this time, members of the public may address the Board of Directors
regarding any items within the subject matter jurisdiction of the East Valley Water District. The
Board of Directors may BRIEFLY respond to statements made or questions posed. Comments are
limited to three minutes per speaker.
AGENDA - This agenda contains a brief general description of each item to be considered. Except
MW as otherwise provided by law, no action shall be taken on any item not appearing on the following
agenda unless the Board of Directors makes a determination that an emergency exists or that a need
to take immediate action on the item came to the attention of the District subsequent to the posting
of the agenda.
1. Approval of Agenda
2. CONSENT CALENDAR- All matters listed under the Consent Calendar are considered by
the Board of Directors to be routine and will be enacted in one motion. There will be no
discussion of these items prior to the time the board considers the motion unless members of
the board, the administrative staff, or the public request specific items to be discussed and/or
removed from the Consent Calendar.
a. Approval of the board meeting minutes for March 14, 2012
b. Accounts Payable Disbursements: Accounts Payable Checks 4231611 through
4231831 which were distributed during the period of March 1, 2012 through March
14, 2012 in the amount of $1,156,261.66. Payroll and benefit contributions for the
period ended March 14, 2012 and included checks and direct deposits, in the amount
of$213,461.99. Total Disbursements for the period $1,369,723.65.
NEW BUSINESS
3. Resolution 2012.05 —A Resolution of the Board of Directors of the East Valley Water
District in recognition of Richard Becerra's twenty-five years of service
I
4. Discussion and possible action regarding the San Bernardino Valley Water Conservation
District's proposed rate increase
5. Discussion and possible action regarding Robert Reeb's legislative update, report and
recommendations regarding the District's legislative positions
6. Review, update and presentation regarding the Ralph M. Brown Act by the District's legal
counsel
7. Discussion regarding the roles and responsibilities of the Board of Directors, General
Manager/CEO and staff
8. Discussion and possible action regarding the District's 2012 committee structure and
assignments
REPORTS
9. General Manager/ Staff Reports
• SCE Rebate Program Update
10. Legal Counsel Report
11. Oral comments from Board of Directors
ADJOURN
PLEASE NOTE:
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are
available for public inspection in the District's office located at 3654 E. Highland Ave, Suite 18, Highland,
during normal business hours. Also, such documents are available on the District's website at
www.eastvallev.ora subject to staffs ability to post the documents before the meeting.
Pursuant to Government Code Section 54954.2(a), any request for a disability-related modification or
accommodation, including auxiliary aids or services, that is sought in order to participate in the above-
agendized public meeting should be directed to the District's Administrative Manager at (909) 885-4900 at
least 72 hours prior to said meeting.
2
Sublect to approval:
EAST VALLEY WATER DISTRICT MARCH 14, 2012
REGULAR BOARD MEETING
MINUTES
The Chairman called the meeting to order at 5:30 p.m. Mr. Huffstutler led the flag salute.
PRESENT: Directors: Coleman, LeVesque, Morales, Wilson
ABSENT: Directors: Sturgeon
STAFF: John Mura, CEO/General Manager; John Vega, Assistant General
Manager; Eliseo Ochoa, District Engineer; Brian Tompkins, Chief
Financial Officer; Justine Hendricksen, Administrative Manager
LEGAL COUNSEL: Steve Kennedy
GUESTS: Members of the public
PUBLIC PARTICIPATION
The Chairman declared the public participation section of the meeting open at 5:30 p.m.
"There being no written or verbal comments, the public participation section was closed.
APPROVAL OF AGENDA
M/S/C (Wilson-Morales) that the March 14, 2012 agenda be approved as
submitted.
The Board presented a resolution of appreciation to former board member Mr. Larry
Mahnberg.
APPROVAL OF BOARD MEETING MINUTES FOR FEBRUARY 22, 2012
MIS/C (Wilson-Morales) that the board meeting minutes for February 22, 2012 be
approved as submitted.
ACCEPT AND FILE THE FINANCIAL STATEMENTS FOR THE PERIOD
ENDED JANUARY 2012
M/S/C (Wilson-Morales) that the Board accept and file the Financial Statements
for the period ended January 2012.
Minutes: 03/14/12jph
DISBURSEMENTS
M/S/C (Wilson-Morales) that General Fund Disbursements #231611 through
#231831which were distributed February 9, 2012 through February 27, 2012 in the
amount of $1,625,706.00 and payroll checks for period ending February 27, 2012 and
included checks and direct deposits, in the amount of $220,715.18. Total disbursements
for the period were $1,846,421.18 be approved.
DIRECTORS' FEES AND EXPENSES FOR FEBRUARY 2012
M/S/C (Wilson-Morales) that the Directors' fees and expenses for February 2012
be approved as submitted.
APPROVE THE DISTRICT'S MID-YEAR BUDGET AMENDMENTS
The General Manager and Chief Financial Officer reviewed several adjustments to the
2011-12 fiscal year budget. The proposed adjustments include changes relating to
operating revenue, operating expenses, capital replacements, and the capital improvement
program in addition to contributing $152K to reserves at year-end.
Board member Coleman offered his appreciation to District staff for reviewing cost saving
measures relating to the sewer/vactor truck and gate valve exercise equipment.
M/S/C (Wilson-Morales) that the Board approve the mid-year budget amendments
as submitted.
APPROVE COMMITTEE RECOMMENDATION REGARDING AB 3030
LEGISLATION
Vice Chairman Morales reviewed the Legislative & Public Affairs Committee
recommendations regarding AB 3030 with the Board.
M/S/C (Coleman-Wilson) that the Legislative & Public Affairs Committee
recommendations regarding AB 3030 be approved as submitted.
GENERAL MANAGER'S REPORT
The General Manager stated that he requested Mr. Martin defer his consultant report at
this time.
Information only.
COMMITTEE REPORTS
a. Legislative & Public Affairs Committee — Vice Chairman Morales stated that he
attended ACWA's Legislative Symposium on March 6-7. Vice Chairman Morales
2 Minutes: 03/14/12jph
also stated that the District will be participating in the City of Highland's Citrus
Harvest Festival which will be held on March 31St.
b. Personnel Committee —Board member Coleman stated that the committee had met
on March 12 and discussed the following items:
• Vision Coverage for employees
• AB 1633 which can affect the CalPERS retirement system
• Proposal to hire three employees
Information only.
LEGAL COUNSEL REPORT
Mr. Kennedy stated that lie will be providing updates regarding the Ralph M Brown Act
and discussing the roles and responsibilities of the Board, General Manager and staff at
the next board meeting.
Information only.
CONSULTANT REPORTS
No reports at this time.
ORAL COMMENTS FROM BOARD OF DIRECTORS
Aw
Board member Wilson proposed that the District purchase a table for WRI's "Water
Ilero" event honoring retired General Manager Robert Martin.
Vice Chairman ]Morales stated that he truly enjoyed the recent "Strategic Planning"
session held on March 1St.
Chairman LeVesque stated that Mr. Dyer withdrew his claim for damages after he met
with the General ]Manager/CEO.
Board member Coleman stated that the Personnel Committee will be reviewing additional
employee benefit programs for the District.
The Board took a break at 6:20 pm.
The Board returned to session at 6:26 pm.
CLOSED SESSION
The Board entered into Closed Session at 6:26 p.m. as provided in the California Open
Meeting Law. Government Code Section 54945.9(a), to discuss the item listed on the
agenda.
3 Minutes: 03/14/12 jph
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
The Board returned to regular session at 6:44 p.m. The item listed on the agenda was
discussed in closed session with no reportable action being taken.
ADJOURN
The meeting adjourned at 6:44 p.m.
Matt LeVesque, Board President
John J. Mura, Secretary
4 Minutes: 03/14/12 jph
BOARD AGENDA STAFF REPORT
Meeting Date: March 28,2012
t o
fm*� vater D Di strict Public Hearing:
Discussion Item:
Consent Item:
March 16, 2012
TO: GCVERNING BOARD MEMBERS
FROM: CHIEF FINANCIAL OFFICER
SUBJECT: DISBURSEMENTS
RECOMMENDATION:
Approve the attached list of accounts payable checks and payroll issued
BA.CKGROUNDiANALYSIS:
Listings of accounts payable checks, and the total for payroll and benefits costs incurred, are
submitted to the board of directors for review and approval with each board packet. The
attached check register, and the total for payroll cited below, were disbursed during the period
March 1, 2012 through March 14, 2012.
Accounts payable checks for the period included check numbers 231832 through 232019 for a
total of$1,156,261.66.
The source of funds for this amount is as follows:
Unrestricted Funds $ 1,037,100.53
Bond Financing $ 75,847.89
State Financing $ 43,313.24
Payroll and benefit contributions paid for this period totaled $213,461.99.
Total disbursed during the period March I to March 14, 2012 is $1,369,723.65.
REVIEW BY OTHERS:
This agenda itern has been reviewed by the Chief Financial Officer and the Accounting
Supervisor.
Pagel 1
SR#0077
AGENDA DATE: MARCH 28, 2012
SUBJECT: DISBURSEMENTS
FISCAL IMPACT:
The fiscal impact associated with this agenda item is $1,369,723.65 (budgeted expenditures).
Respectfully submitted: Recommended by:
U "r
John Mura Brian W. Tompkins
General Manager/CEO Chief Financial Officer
Page 12
SR#0077
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BOARD AGENDA STAFF REPORT
Meeting Date:March 28,2012
tovater stValley
DiPublic Hearing,
strict Discussion Item:
Consent Item: F-1
March 8,2012
TO: GOVERNING BOARD MEMBERS
FROM: GENERAL MANAGER/CEO
SUBJECT: RESOLUTION 2012.05
RECOMMENDATION:
Staff recommends that the Board of Directors approve Resolution 2012.05
BACKGROUND/ANALYSIS:
East Valley Water District has traditionally recognized employees who have attained 25 years of
exemplary service to the District, by honoring them with a Resolution. Richard Becerra who is
being recognized for his twenty-five years of dedicated service to the District.
REVIEW BY OTHERS:
This agenda item has been reviewed by the Administration Department.
R-5-CAL IMPACT:
The fiscal impact associated with this agenda item is $123.16 which is a budgeted expenditure.
Respectfully submitted: Recommended by:
John Mura Justine Hendricksen
General Manager/CEO Administrative Manager
ATTACHMENTS
Resolution 2012.05
�4:,_
Page!, 1 SR#0072
RESOLUTION2012.05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST VALLEY WATER
DISTRICT INRECOGNITION OF
RICHARD BECERRA'S TWENTY-FIVE YEARS OF SERVICE
BE IT HEREBYRESOLVED, by the Board of Directors of the East Valley Water District as
follows:
WHEREAS, RICHARD BECERRA has been employed by the East Valley Water District
since February 9, 1987, and
WHEREAS, RICHARD BECERRA has in those twenty-five years, performed in an
outstanding and honorable capacity in the positions of Water Service Worker I, Water Service Worker
II, Equipment Operator I, Equipment Operator II, Water Service Worker-111, Water Service Foreman,
and Water Service Supervisor, and
WHEREAS, the said RICHARD BECERRA has been dedicated and conscientious, and has
displayed a high sense of duty, sincere interest and personal competence in the performance of his duties
which have been for the benefit of all staff members and customers of the East Valley Water District,
and
WHEREAS, the said RICHARD BECERRA in serving the Districtfor twenty-five years has,
through his untiring efforts, personal growth, and cooperation with staff and customers, contributed
greatly to the successful operation of the East Valley Water District.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Directors of the East Valley
Water District, and each of them on behalf of the Board, staff and citizens of the District, hereby express
to RICHARD BECERRA their sincere appreciation for his twenty-five years of dedicated service.
BE IT FURTHER RESOLVED, that this Resolution be placed in the minutes of the East
Valley Water District and the original of this Resolution be signed by all members of the Board of
Directors and presented to RICHARD BECERRA, after being suitably framed.
DATED: March 28, 20,,12 i
MATT S.LEVESQUE JAMES MORALES, JR.
Pen Vice Presider t
KIPSTURGEON GE`ORG E WILSON
Director Director
Attest:
BEN C. COLEMAN JOHNJ.MURA
Director General Manager/Board Secretary
BOARD AGENDA STAFF REPORT
Meeting Date: March 28,2012
East Valley
Public Hearing: �
Water District Discussion Item:
Consent Item: F-1
March 21,2012
TO: GOVERNING BOARD MEMBERS
FROM: GENERAL MANAGER/CEO
SUBJECT: SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT
2012/2013 GROUNDWATER CHARGE INCREASE
RECOMMENDATION:
1. Review presentation given by San Bernardino Valley Water Conservation District
General Manager
2. Provide staff direction regarding the proposed rate increase
BACKGROUN D/ANALY S IS:
The San Bernardino Valley Water Conservation District (Conservation District) has completed
their 2011/2012 Engineering Investigation of the Bunker Hill Basin. This annual report is
required in connection with groundwater charges levied on producers within the Conservations
District's boundaries.
Based on the findings of the recently completed Engineering Investigative report, Conservation
District staff is recommending that the groundwater production rate for non-agricultural purposes
be increased from the current rate of$9.81 to $11.28 per acre-foot. If approved these increase
would take effect on all production after July 1, 2012.
The Conservation District uses the proceeds of the groundwater charge to fund ongoing
groundwater replenishment of the basin, including direct recharge, facility operation, repairs and
maintenance.
A public meeting regarding this matter is scheduled for April 11, 2012 and a Public Hearing is
scheduled for April 30, 2012. Both of these meetings will be conducted at the Conservation
District Board Room.
�j p
Pagel 1 SR#0078
AGENDA DATE: MARCH 28, 2012
SUBJECT: SAN BERNARDINO VALLEY WATER CONSERVATION DISTRICT 2012/2013
GROUNDWATER CHARGE INCREASE
A copy of the Engineering Investigation Study and a letter from the Conservation District are
attached to this report for your review.
REVIEW BY OTHERS:
This agenda item has been reviewed by the District's Chief Financial Officer.
FISCAL IMPACT:
The financial impact of this rate increase if passed, as proposed, will be included in the 2012/13
Fiscal Year Operational Budget. Based on the previous 12 months of actual groundwater
production this increase would result in an increased assessment cost of$27,000.
Respectfully submit led
John Mora, Generaf Manager/CEO
ATTACHMENTS
• Letter dated March 13, 2012 from Daniel Cozad, General Manager of San Bernardino Valley
Water Conservation District
• Engineering Investigation of the Bunker Hill Basin 2011-2012
Page ( 2
SR#0078
P BeONSER VA170ry O'S SAN BERNARDINO VALLEY WATER CONSERVATION DIS'T'RICT
(E
Established 1932
P
low`
1630 West Redlands 13ov4evard,Suite A BO.Box 1839
Redlands,CA 93373-8032 2edlands.CA 92373-0581
(909) 793-2503
OU'p Mt`'S Fax:(909) 793-0188
NAME IS OUR
March 13, 2012
East Valley Water District
Mr.John Mura
1'.O. Box 3427
San Bernardino,CA 92413
Dear Mr. Mora:
The San Bernardino Valley Water Conservation District(Conservation District) has completed its
2011-12 Engineering Investigation of the Bunker Hill Basin. This report is required in
connection w th the Board of Directors' consideration of a groundwater charge on groundwater
production within the Conservation District's boundaries. Article 1, Section 75560 of the
California Water Code, requires that a water conservation district that proposes to levy or
continue a groundwater extraction fee"...shall annually cause to be made an engineering
investigation and report upon groundwater conditions of the District." A copy of the
Conservation District's 2012 report is available for review online at the District's website at
http://www.sbvwcd.dst.ca.us/reports-data/documents/2012Fnaineeringlnvesti ation.pdf or at the
District's office at 1630 West Redlands Blvd., Suite A, Redlands,CA. You are being provided a
copy of this notice because you are the owner or operator of a groundwater producing well in the
District'sjurisdiclional boundaries.
District staff is recommending to the District's Board of Directors to raise the groundwater rate of
$2.73 per acre-foot for groundwater production for direct agricultural production to$3.14 per
acre foot, and from$9.81 per acre-foot for groundwater production for non-agricultural purposes
to$11.28 per acre-foot. The$1.47 per acre foot increase is necessary to reduce a nearly$50,000
deficit in the Groundwater Enterprise.The proposed rates will pertain to agricultural and non-
agricultural groundwater production from July 1, 2012-through June 30, 2013. California Water
Code 75594 dictates that the rate for non-agricultural groundwater production must be between
three and five times the rate for agricultural rise.
Tire groundwater charge is not imposed on a property basis,but rather is a per acre-foot charge,
which relates directly to the amount of groundwater produced from wells overlying the
roundwater basin within the Conservation District's boundaries. Consequently, the ultimate
annount of groundwater charge to be paid by you cannot be precisely identified now, because it
will depend directly upon the amount of groundwater you produce in the basin from July 1,2012
to June 30,2013. If your production for 201%13 were the same as calendar year 2011 your total
charges would be$163,721.91 or an increase of$24,558.29 over current cost. The total revenue
estimated to be collected from both agricultural and non-agricultural production for the 2012-
2013 water year is$737,883.00 based on 2011-2012 water production.
The groundwater charge is to be collected on a semi-annual basis,based on production statements
you submit for your groundwater production.
The District uses the proceeds of the groundwater charge to fund ongoing groundwater
replenishment of the basin, including direct water recharge, facility operations repairs and
maintenance, €.nd related costs.
A public meeting and public hearing on the proposed groundwater charge will be held in the
Conservation District's Board Room at 1630 West Redlands Blvd., Suite A, Redlands,CA
92373. The date and time for the public meeting will be April 11, 2012,at 1:30 pm. The date
and time of the public hearing will be held on April 30,2012, at 1:30 pm.
You are invited to attend the public meeting and public hearing,and may submit evidence
concerning groundwater conditions, water supplies of the Conservation District, or any matter
relating to the proposed groundwater charge. In addition, any party wishing to protest the
groundwater charge, may mail a protest to the Conservation District's office, and/or present such
protest at the public meeting or public hearing.
Further inquiries regarding the report or the groundwater charge,or requests for further
information, may be directed to Daniel B. Cozad at 1630 West Redlands Blvd., Suite A,
Redlands, CA 92373, or by telephone at(909) 793-2503.
anD iel &za4d
General Manager
Engineering Investigation
of •
Bunker Basin
2011-2012
}E
Prepared
March 7, 2012
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TABLE OF CONTENTS
Figures................................................................................................................iii
Tables .................................................................................................................iv
Appendices .........................................................................................................v
1.0 Executive Summary.................................................................................1
2.0 Introduction..............................................................................................8
2.1 Purpose and Scope.....................................................................................8
2.2 Location, Topography and Climate..........................................................10
2.3 Definition of Terms....................................................................................11
2.4 Sources of Data.........................................................................................12
3.0 Fall 2010 and Fall 2011 Groundwater Elevation Contours..................14
4.0 Task 1 - Annual Change in Storage (Fall 2010 to Fall 2011) ...............14
4.1 Hydrologic Sub-areas................................................................................14
4.2 Area and Storativity...................................................................................15
4.3 Groundwater Level Elevation Changes....................................................15
4.4 Change in Groundwater Storage.............................................................. 15
5.0 Task 2- Accumulated Change in Storage from Fall 1993 to 2011 .....16
6.0 Task 3 - Total Groundwater Production for the Preceding Water Year
(July 1, 2010 to June 30, 2011 17
7.0 Task 4- Estimate of the Annual Change in Storage for the Current
Water Year (July 1, 2011 to June 30, 2012).....................................................18
SBV Water Conservation District Engineering Investigation 2012
{ Bunker Hill Basin
8.0 Task 5- Estimate of the Annual Change in Storage for the Ensuing
Water Year (July 1, 2012 to June 30, 2013).....................................................19
9.0 Task 6- Average Annual Change in Storage for the Immediate Past
10 Water Years..................................................................................................20
10.0 Task 7- Estimated Amount of Agricultural Water and Other Than
Agricultural Water to be Withdrawn for the Ensuing Water Year (July 1,
2012 to June 30, 2013)......................................................................................20
11.0 Task 8- Estimated Amount of Water for Surface Distribution for the
Ensuing Water Year (July 1, 2012 to June 30, 2013)......................................23
12.0 Task 9 - Estimated Amount of Water for Replenishment of the
Groundwater Supplies for the Ensuing Water Year (July 1, 2012 to June 30,
2013) 23
13.0 Genet-al Findings....................................................................................24
14.0 Conclusions............................................................................................25
15.0 Financial Data.........................................................................................26
SBV Water Conservation District Engineering Investigation 2012
ii Bunker Hill Basin
Nay\��la
Figures
Figure 1 Bunker Hill Basin Watershed Map
Figure 2 Conservation District and Water Agency Boundaries
Figure 3 Sub-areas of Bunker Hill Basin
Figure 4 Precipitation Trends and Gauge Station Locations
Figure 5 Fall 2010 Water Level Groundwater Contours
Figure 6 Fall 2011 Water Level Groundwater Contours
Figure 7 Locations of Key Wells with Hydrographs
Figure 8 Groundwater Production in the Bunker Hill Basin in Appendix B
Figure 9 Prediction Chart for Annual Change in Storage
Figure 10 Estimate of Production for Current Water Year
Figure 11 Estimate of Production for Ensuing Water Year
SBV Water Conservation District Engineering Investigation 2012
ui Banker Hill Basin
�s Tables
Table 1 Summary of Percentage of Normal Precipitation
Table 2 Change in Groundwater Levels in Key Wells
Table 3 Annual Change in Storage for the Bunker Hill Basin
Table 4 Accumulated Change in Storage for Bunker Hill Basin (1987 to 2004)
Table 5 Production for Sub-basins of Bunker Hill Basin
Table 6 Estimates of Percentage of Normal Precipitation for Current
Water Year
'Table 7 Average Annual Change in Storage for the Bunker Hill Basin
'Table 8 Summary of Surface Distribution Water for the Bunker Hill
Basin
SBV Water Conservation District Engineering Investigation 2012
iv Bunker Hill Basin
Appendices
Appendix A Water Level Elevations for the Bunker Hill Basin
Appendix B Hydrographs for Key Wells
Appendix C Production Data for the Preceding Water Year
Appendix D Historic Annual Precipitation
All appendices are available separately on San Bernardino Valley Water
Conservation District's Website: http•//www.sbvwcd.org and incorporated by
reference.
SBV Water Conservation District Engineering Investigation 1012
V Banker Hill Basin
1.0 Executive Summary
Article 1, Section 75560 of the California Water Code requires that a Water Conservation
District that proposes to levy a groundwater charge "... shall annually cause to be made
an engineering investigation and report upon groundwater conditions of the Districr'. In
accordance with these requirements, the San Bernardino Valley Water Conservation
District (District) must make the following findings and determinations as they relate to
the ground and surface water conditions of the Bunker Hill Basin and those areas within
the District boundary. Refer to Figure 1 and 3 for locations.
Task 1. Annual change in storage for the Bunker Hill Basin for the preceding water year
(Fall 2010 to Fall 2011);
Task 2. Accumulated change in storage of the Bunker Hill Basin as of the last day of
the preceding water year(June 30, 2011);
Task 3. Total groundwater production from the Bunker Hill Basin for the preceding
water year (July 1, 2010 - June 30, 2011);
Task 4. Estimate of the annual change in the Bunker Hill Basin storage for the current
water year(July 1, 2011 - June 30, 2012);
Task 5. Estimate of the annual change in the Bunker Hill Basin storage for the ensuing
water year(July 1, 2012 - June 30, 2013);
Task 8. Average annual change in Bunker Hill Basin storage for the immediate past
ten water years (2001 - 2011);
Task 7. Estimated amount of agricultural water and other than agricultural water to be
withdrawn from the groundwater supplies of the District for the ensuing water
year (.July 1, 2012 - June 30, 2013);
Task 8. Estimated amount of water necessary for surface distribution for the ensuing
water year for the Bunker Hill Basin and the District (July 1, 2012 - June 30,
2013); and
SHV Water Canservadan District Engineering Investigation 2012
1 Bunker Hill Basin
Task 9. The amount of water that is necessary for the replenishment of the
groundwater supplies of the Bunker Hill Basin and the District for the ensuing
water year (July 1, 2012 - June 30, 2013).
To make the findings and determinations listed above, District staff researched available
hydro-geologic and engineering data for the Bunker Hill Basin. These data were
compiled and analyzed and a predictive relationship between precipitation, production,
and change in basin storage. This relationship was based on empirical data since 1993
and enables the prediction of change in storage, given certain annual production and
precipitation levels. In addition, annual and accumulated change in storage values were
calculated based on current and historic water level changes throughout the Bunker Hill
Basin.
The report is Based on 20 measuring stations, precipitation throughout the contributing
watershed was 93% of normal for the period October 1, 2009 to September 31, 2010.
The report uses production and water level data from nearly 240 wells in the basin.
The required findings for the 2012 Engineering Investigation are provided below. Each
of the tasks is further explained in the main body of the report. Throughout this
document a positive sign (+) denotes an increase in groundwater storage or
groundwater level elevation while a negative sign (-) denotes a decrease in groundwater
storage or groundwater level elevation.
Section 75574 of the California Water Code requires that the District Board indicate the
amount of water the District is obligated by contract to purchase. The San Bernardino
Valley Water Conservation District is not required by contract to purchase any water.
SBV Water Conservation District Engineering Investigation 2011
2 Bunker Hill Basin
Summary of Findings for the 2012 Engineering Investigation
Task 1. Annual change in storage for the Bunker Hill Basin for the preceding water
year(July 1, 2010 to June 30, 2011 groundwater levels)
Change in storage between Fall 2010 and Fall 2011
116,020 acre-ft (increase)
The amount of water stored in the Basin increased by 116,020 acre-feet
between 2010 and 2011.
Task 2. Accumulated change in storage of the Bunker Hill Basin as of the last day of
the preceding water year(2011)
Accumulated change in storage between July 1993 and June 2011.'
-224,603 acre-ft (decrease)
The amount in storage in the Summer of 2011 is 224,603 acre-ft less than
in the Summer of 1993.
Task 3. Total groundwater production from the Bunker Hill Basin for the preceding
water year(July 1, 2010 - June 30, 2011)
184,122 acre-ft
In the District's Engineering Investigation (EI) prior to 1993-94, the accumulated change in storage was
based on the basin storage in 1984 as considered full. A concern arose regarding the flooding of
basements due to high groundwater levels in the Pressure Zone of the Bunker Hill Basin. Therefore, in
response to the City of San Bernardino's comments on accumulated change in storage, all El's since that
time are based on 1993 basin storage levels considered as full.
SBV Water Canseivatien District Engineering Investigation 1011
3 Bunker Hill Basin
Task 4. Estimate of the annual change in the Bunker Hill Basin storage for the current
water year (July 1, 2011 - June 30, 2012)
7,700 acre-ft(increase)
The amount of water in the Basin is estimated to increase by 7,700 acre-
ft during the current water year.
Task 5. Estimate of the annual change in the Bunker Hill Basin storage for the ensuing
water year(July 1, 2012 - June 30, 2013)
7,700 acre-ft (increase)
The amount of water in the Basin is estimated to increase by 7,700 acre-
ft during the ensuing water year.
Task 6. Average annual change in Bunker Hill Basin storage for the immediate past 10
water years (2001-2011) shows a decrease, although much less in magnitude
than in previous years:
-362 acre-ft (decrease)
Task 7. Estimated amount of agricultural water and other than agricultural water to be
withdrawn from the groundwater supplies of the District for the ensuing water
year(July 1, 2012 - June 30, 2013)
Estimated amount of agricultural water withdrawn from the
groundwater supplies within the District boundary for the ensuing
water year(July 1, 2012 - June 30, 2013)
6,045 acre-ft
SBV Water Conservation District Engineering Investigation 1012
4 Banker Hill Basin
Y YIU/,
Estimated amount of other than agricultural water withdrawn from
the groundwater supplies of the District for the ensuing water year
(July 1, 2012 - June 30, 2013)
58,886 acre-ft
Task 8. Estimated amount of water necessary for surface distribution for the ensuing
water year for the Bunker Hill Basin and the District (July 1, 2012 - June 30,
20'°3)
Estimated amount of water necessary for surface distribution for
the ensuing water year (July 1, 2012 - June 30, 2013) for the
Bunker Hill Basin
76,370 acre-ft
Estimated amount of water necessary for surface distribution for
the ensuing water year (July 1, 2012 - June 30, 2013)
within the District boundary
64,035 acre-ft
Task 9. The• amount of water which is necessary for the replenishment of the
groundwater supplies of the Bunker Hill Basin and the District for the ensuing
water year(July 1, 2012 - June 30, 2013)
The amount of water which is necessary for the replenishment of
the groundwater supplies of the Bunker Hill Basin for the ensuing
water year(July 1, 2012 - June 30, 2013)
135,843 acre-ft
SBV Water Conservation District F_ngineering Investigation 2012
5 Bunker Hill Basin
The amount of water which is necessary for the replenishment of
the groundwater supplies within the District boundary for the
ensuing water year (July 1, 2012 - June 30, 2013)
53,232 acre-ft
In addition to the above findings, Section 75505 of the California Water Code requires
that a finding be made as to the amount of water necessary to be replaced in the intake
areas of the groundwater basins within the District to prevent the landward movement of
salt water into the fresh groundwater body, or to prevent subsidence of the land within
the District. Because of its location and the elevations of its water table, the Bunker Hill
Basin is not subject to salt-water intrusion and the current groundwater levels do not
indicate any significant land subsidence.
Section 75540 of the California Water Code requires that the District Board establish a
zone or zones where a groundwater charge is to be implemented. The Code specifically
states that a single zone may include the entire District and in May 1993 the Board
established the entire District as one zone. This determination may be amended in the
future, but lacking any evidence to the contrary, in the 2011-11 year the entire District
will remain as a single zone in regard to any groundwater charge.
Section 75561 of the California Water Code further requires the Engineering
Investigation to include a finding related to the amount of water the District is obligated
by contract to purchase. At this time the District has no contractual obligation to
purchase water for the replenishment of the groundwater supplies. However, instead
cooperates with local and regional agencies to recharge the aquifer. The District works
with San Bernardino Valley Municipal Water District (Valley) to spread excess allocation
State Project Water in the District's spreading basins. In the past the District has utilized
reserves to offset the cost of water purchases which have spread in its basins. Due to
the significant reduction in District reserves it has not purchased water this year.
SBV Water Conservation District Engineering Investigation 1012
6 Banker Hill Basin
ol
Based on the results of the 2012 Engineering Investigation, the San Bernardino
Valley Water Conservation District finds that:
• Due to the imbalance between groundwater recharge and production since 1993,
the Bunker Hill Basin's storage is 224,603 acre-feet below that which is
considered full for purposes of this investigation. This value is significantly less
than 2011 report due to local rainfall rates and management of the basin.
• During the ensuing water year (July 1, 2012 - June 30, 2013), the Bunker Hill
Basin could be recharged, with up to 352,746 acre-feet of water. This recharge
quantity would be needed to attain the 1993 storage level that is considered full.
The Basin Technical Advisory Committee (BTAC) recommends a maximum of
80,000 acre-ft safely manage and recharge the basin. This amount includes
48,000 acre-ft in Mill Creek and Santa Ana River Basins.
• The District must continue to take all necessary steps to maintain and enhance
its capability to conduct recharge operations. These steps may include
maintenance and repair of existing, diversion facilities, canals, dikes, basins,
roads, and other water recharge facilities. These improvements are required to
ensure that the groundwater demands on the Basin, especially during drought
periods can be met.
• The District should continue to work cooperatively in the collaborative planning
for the Enhanced Recharge Program to plan, design, build and maintain facilities
to expand the capabilities for recharge of waters that are developed as a result of
water conservation due to the construction of Seven Oaks Dam (SOD).
• The District has begun collaborative construction efforts with Valley to improve
the capacities and delivery capabilities of the District's Upper Santa Ana River
diverted water conveyance canals and spreading basins. The District should
review the single zone of influence/benefit in 2012-2013 and revise if needed.
w�
SBV Water Conservation District Engineering Investigation 2011
7 Bunker Hill Basin
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2.0 Introduction
The 2011-2012 Engineering Investigation (EI) is very similar to the previous 2010-2011
El Report. The report uses the same basis of calculation, however updates the
document as proposed in the work plan prepared and approved in December 2011.
This approach also includes close coordination with other groups particularly San
Bernardino Valley Municipal Water District (SBVMWD)who do their own calculations for
elements similar to the El Report. We believe this approach makes the best use of the
resources of all water entities within the basin. This year's report provides more
research, source documentation, and summary displaying of surface and groundwater
activities within the Bunker Hill Basin and specifically within the Water Conservation
District's boundaries compared to prior years.
2.1 Purpose and Scope
The San Bernardino Valley Water Conservation District (District) was created by a vote
of the people in 1931 for the purpose of managing the recharge activities that were
previously conducted by the Water Conservation Association, The Water Conservation
Association was incorporated in 1909 and had been diverting flows from the Santa Ana
River for groundwater recharge since 1911. Currently the District has ownership, as well
as easements and/or use of properties owned by the Bureau of Land Management
(BLM), on a total of 3,735 acres within the Santa Ana River and Mill Creek Wash areas.
The District boundary covers an area of approximately 50,000 acres, which represents
about 60% of the Bunker Hill Basin. Figure 1 displays the project area map for the
Engineering Investigation. The figure shows the District boundary along with its location
relative to the County and State boundaries. Figure 2 shows the District Boundaries
relative to the water agencies served by the District.
Article 1, Section 75560 of the California Water Code requires that a Water Conservation
District that proposes to levy a groundwater charge "... shall annually cause to be made
an engineering investigation and report upon groundwater conditions of the District". In
accordance with these requirements, the San Bernardino Valley Water Conservation
SBV Water Conservation District Engineering Investigation 2012
8 Banker Hilt Basin
District (District) must make the following findings and determinations as they relate to
the ground and surface water conditions of the Bunker Hill Basin and those areas within
the District boundary. Sub-Basins of the Bunker Hill Basin are shown in Figure 3.
Task 1. Annual change in storage for the Bunker Hill Basin for the preceding water year
(Fall 2010 to Fall 2011);
Task 2. Accumulated change in storage of the Bunker Hill Basin as of the last day of
the preceding water year(June 30, 2011);
Task 3. Total groundwater production from the Bunker Hill Basin for the preceding
water year(July 1, 2010 - June 30, 2011);
Task 4. Estimate of the annual change in the Bunker Hill Basin storage for the current
water year(July 1, 2011 - June 30, 2012);
Task 5. Estimate of the annual change in the Bunker Hill Basin storage for the ensuing
water year(July 1, 2012 - June 30, 2013);
Task 6. Average annual change in Bunker Hill Basin storage for the immediate past 10
water years (2001-2011);
Task 7. Estimated amount of agricultural water and other than agricultural water to be
withdrawn from the groundwater supplies of the District for the ensuing water
year (.July 1, 2012 - June 30, 2013);
Task 8. Estimated amount of water necessary for surface distribution for the ensuing
water year for the Bunker Hill Basin and the District (July 1, 2012 - June 30,
2013); and
Task 9. The amount of water that is necessary for the replenishment of the
groundwater supplies of the Bunker Hill Basin and the District for the ensuing
water year(July 1, 2012 - June 30, 2013).
To make the findings and determinations listed above, District staff researched available
hydrogeologic, precipitation, and engineering data for the Bunker Hill Basin and
surrounding areas. These data were compiled and analyzed and a predictive
relationship between precipitation, production, and change in basin storage was adapted
from similar relationships developed by Geoscience Support Services in the preparation
,;
S9 Water Conservation District Engineering Investigation 1012
9 Banker Hill Basin
f ii OVP x,t'.
of previous Engineering Investigations. This relationship was based on empirical data
enables the prediction of change in storage, given certain annual production and
precipitation levels. Precipitation trends and stations are shown in Figure 4. In addition,
annual and accumulated change in storage was calculated based on historic water level
changes throughout the Bunker Hill Basin.
2.2 Location, Topography and Climate
The Bunker Hill Basin is located at the top of the Santa Ana River Watershed and
receives all the surface water runoff from the headwaters of the Santa Ana River, Mill
Creek, and a portion of that from the Lytle Creek area as well as smaller periodic flows
from Plunge, City, Devil Canyon, Cajon and Elder Creeks. It is part of the inland valley
called the San Bernardino Valley located in San Bernardino County, California and
encompasses approximately 89,600 acres. Once past the Bunker Hill Basin, the Santa
Ana River continues to flow southwesterly for approximately 60 miles until it reaches the
Pacific Ocean.
The Bunker Hill Basin is bounded on the northwest by the San Gabriel Mountains, on the
northeast by the San Bernardino Mountains, on the south by the Crafton Hills and the
Badlands, and on the southwest by a low east-facing escarpment produced by the San
Jacinto fault. These geologic features are easily identified on Figure 5 and Figure 6.
The major streams providing inflows and outflows for the Bunker Hill Basin are provided
on Figure 1. The United States Geological Survey (USGS) administers stream flow
gauging stations on all of these waterways except Mill Creek. Mill Creek flow is
assumed to be 56% of the Santa Ana River flow based on historic data. Total diversions
for direct use and recharge on the Santa Ana River may exceed the stream flows due to
measurements by different agencies.
The Bunker Hill Basin is also expressed by a large group of City and Water Agencies
that are working to increasingly collaborate for improved transparency. Figure 2
SBV Water Conservation District Engineering Investigation 1012 -
10 Bunker Hill Basin
presents an overview of the Water Agency Jurisdictions with an overlay of City
boundaries.
The climate in the region is a semi-arid Mediterranean-type characterized by long dry
summers and relatively short mild winters. The annual average temperature in the
valley is 62" F, with extremes ranging from as low as 18" F to as high as 116° F
(Burnham and Dutcher, 1960). Precipitation in the region is highly variable depending
on location and elevation. Historical annual averages range from 11 inches near Loma
Linda Fire Department located at the southwest end of the basin to over 41 inches at the
Lake Arrowhead located at the upper end of the mountain watershed contributing flow to
the basin. Precipitation data provided by the Water Resources Division for 20 stations
are summarized in Table 1 and displayed on Figure 4.
2.3 Definition of Terms
For the purposes of this report, the following terms are defined:
♦ Bunker Hill Basin - The Bunker Hill Basin is the groundwater basin that underlies the
San Bernardino Valley. By strict definition according to (Dutcher and Garrett, 1963),
the Bunker Hill Basin is separate from the Lytle Groundwater Basin, but receives
groundwater underflow from the Lytle Basin. However, for completeness, the
definition of the Bunker Hill Basin is extended to include the Lytle Basin for the
purposes of this report.
♦ Production - The term production includes extraction of water by groundwater
pumping from wells and surface diversions from the Santa Ana River, Mill Creek,
City Creek, Devil Canyon Creek, Cajon Creek, Plunge Creek, and Lytle Creek.
♦ Preceding N later Year - As per the California Water Code, the preceding water year
is the period July 1, 2010 through June 30, 2011.
SBV Water Conservation District Engineering Investigation 2012
1 I Bunker Hill Basin
♦ Current Water Year- As per the California Water Code, the current water year is the
period July 1, 2011 through June 30, 2012.
♦ Ensuing Water Year - As per the California Water Code, the ensuing water year is
the period July 1, 2012 through June 30, 2013.
2.4 Sources of Data
Data used in the development of this engineering investigation were obtained from a
variety of sources including public and private agencies. The data analysis tasks
involved tabulating and summarizing information from documented and undocumented
reports, public and private files, and personal communication with local, State, and
Federal agencies. Some of the more important data sources are listed below.
Data for Fall 2010 and Fall 2011 groundwater elevations and preceding water year (July
2010 to June 2011) production were obtained from the primary water purveyors in the
Bunker Hill Basin including:
• City of Colton
• City of Loma Linda/Loma Linda University
• City of Redlands
• City of Rialto
• City of Riverside
• City of San Bernardino
• East Valley Water District
• Elsinore Valley Municipal Water District/Meeks and Daley Water Company
• Gage Canal Company
• Riverside — Highland Water Company
• San Bernardino County Department of Transportation and Flood Control
• Southern California Edison
• San Bernardino Valley Municipal Water District
Watermaster Support Services, Steve E. Mains
SBV Water Conservation District Engineering Investigation 2012
2 Bunker Hill Basin
• West Valley Water District
• United States Geological Survey, Santee, CA Office
Data regarding historic diversions from the Santa Ana River, Mill Creek, Plunge Creek,
City Creek, Devil Canyon Creek, Cajon Creek, and Lytle Creek were obtained from the
following sources:
• San Bernardino Valley Water Conservation District (acting as Project
Manager for the Cooperative Water Project- Exchange Plan)
• Western Municipal Water District
• City of San Bernardino
Historic precipitation data were obtained from the following sources:
• San Bernardino County Department of Transportation and Flood Control
Current precipitation data is downloaded from USGS stations.
SBV Water Conservation District Engineering Investigation 2012
13 Banker Hill Basin
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3.0 Fall 2010 and Fall 2011 Groundwater Elevation Contours
The District, the Western Municipal Water District, and the primary water purveyors in
the Bunker Hill Basin provided Fall 2010 and 2011 water level data. Static groundwater
elevations for wells throughout the Bunker Hill Basin are compiled in Appendix A.
These elevations were plotted for 184 wells using a Geographic Information System
(GIS) are plotted in Figures 5 & 6 for Fall 2010 and Fall 2011. The water elevation
values were used to derive an interpolated surface for the extent of the Bunker Hill
Basin. For purposes of comparison, Fall 2010 and Fall 2011 static groundwater elevation
surface contours are provided in Figures 5 & 6 Fall 2010 and Fall 2011.
4.0 Task 1 - Annual Change in Storage (Fall 2010 to Fall 2011)
4.1 Hydrologic Sub-areas
Using a Geographic Information System, the average groundwater elevation changes
were determined for each of the nine hydrologic sub-areas shown in Figure 3 and listed
below.
• Bunker Hill I - Southwest of Interstate 215
• Bunker Hill I - Northeast of Interstate 215
• Bunker Hill II -West of Mentone Fault
• Bunker Hill II - East of Mentone Fault
• Lytle Basin - Southeast of Barrier J
• Lytle Basin - Northwest of Barrier J
• Pressure Zone - North of Santa Ana Wash
• Pressure Zone - Santa Ana Wash
Due to variations of changes in groundwater level elevation, the Bunker Hill II - East of
Mentone Fault was further subdivided into Storage Units North of Redlands Fault and
Southeast of Redlands Fault. These Storage Units are also shown in Figure 3.
SBV Water Conservation District Engineering Investigation 2012
14 Bunker Hill Basin
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4.2 Area and Storativity
Digitizing each polygon made estimates of the area extent of the sub-areas and storage.
Average storativity for each sub-area was determined based on data from Hardt and
Hutchinson, 1980. Both of these values are shown in Table 3. Storativity values ranged
from 0.02 for the Pressure Zone - North of the Santa Ana Wash to 0.13 for the Lytle
Basin - Northwest of Barrier J and Bunker Hill II - East of the Mentone Fault.
4.3 Groundwater Level Elevation Changes
In order to determine the annual change in storage for the Bunker Hill Basin, Fall 2011
groundwater level elevation data were compared with the same from Fall 2010.
Measurements for 238 wells were available for both periods and the differences are
provided in Appendix A. Figure 7 shows key wells for the Bunker Hill basins. These
wells have long hydrologic histories.
Average changes in groundwater were determined by averaging the changes for all
AIM,: wells in each of the eight sub-areas and storage units as shown in Table 3.
4.4 Change in Groundwater Storage
The total annual change in storage for the Bunker Hill Basin was determined by
summing the changes from each sub-area. Changes in groundwater storage for the
period Fall 2010 to Fall 2011 for the Bunker Hill Basin were calculated using the
following formula:
Qchange in storage— z Al x Si x 4hi
where:
Qchange in storagE = Annual change in storage for the Bunker Hill Basin, (acre-feet)
A; = Area of sub-area and storage unit i, (acres)
S; = Storativity of sub-area and storage unit i
Ahi = Average water level change of sub-area and storage unit i, (feet)
SBV Water Conservation District Engineering Ltvestigation 2012
15 Bunker Hill Basin
As shown in Table 3, the change in groundwater storage for the Bunker Hill Basin
between Fall 2010 and Fall 2011 was an increase of 116,020 acre-ft.
5.0 Task 2 - Accumulated Change in Storage from Fall 1993 to
Fall 2011
For purposes of this report, the accumulated change in storage as of the last day of the
preceding water year (July 30, 2011) was based on the changes in water levels between
Fall 1993, when the accumulated basin change in storage was considered "zero", and
the Fall of 2011.' The accumulated change in storage as of June 30, 2011 was
determined by adding the change in storage for the preceding water year (July 1, 2011
to June 30, 2012) of 116,020 determined in Section 4.4, to the accumulated change in
storage as of June 30, 2010 (-340,623). The result of this calculation is an accumulated
decrease in storage for the Bunker Hill Basin of-224,603 acre-ft.
Table 4 summarizes the accumulated change in storage of the Bunker Hill Basin for the
period 1988 to 2011 based on 1993 as the "zero accumulated storage year". As would
be expected, storage generally increases with above average rainfall and decreases
with normal and below average rainfall.
' In the District's Engineering Investigation(EI) prior to 1993-94, the accumulated change in storage was based on the
basin storage in 1984 as considered full. A concern arose regarding the flooding of basements due to high groundwater
levels in the Pressure Zone of the Bunker Hill Basin. Therefore,in response to the City of San Bernardino's comments on
accumulated change in storage,all El's since that time are based on 1993 basin storage levels considered as full.
SBV Water Conservation District Engineering Investigation 2012
16 Banker Hill Basin
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6.0 Task 3 - Total Groundwater Production for the Preceding
Water Year (July 1, 2010 to June 30, 2011)
Production data for the preceding water year (July 1, 2010 to June 30, 2011) for the
Bunker Hill Basin were obtained from the primary water purveyors as listed in Section
2.4. Product on data for wells owned by some smaller water agencies were included if
data was available from the Western-San Bernardino Watermaster, Western Municipal
Water District and semiannual billing statements issued by the District.
Appendix C shows the production for each groundwater well in the Bunker Hill Basin for
the period July 2010 through June 2011. As summarized on the last page of the
Appendix, groundwater production from the Bunker Hill Basin for the preceding water
year was approximately 184,122 acre-ft. Table 5 summarizes the Bunker Hill Basin
groundwater production for each of the sub-areas defined in Section 4.1.
.wa. Groundwater production within the Bunker Hill Basin during the period July 2010 through
June 2011 is :>hown on Figure 8. The Pressure Zone has the greatest density of higher
producing facilities with pockets of substantial production scattered throughout the rest
of the basin.
SBV Water Conservation District Engineering Investigation 1012
17 Bunker Hill Basin
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7.0 Task 4 - Estimate of the Annual Change in Storage for the
Current Water Year (July 1, 2011 to June 30, 2012)
To estimate annual change in storage for the current water year, a multiple regression
analysis was performed for the period between 1991-2011 three parameters.
• Annual Change in Storage
• Precipitation
• Production
This analysis is shown in Figure 9.
In Engineering Investigations (EI) prior to 1998, data for the period 1982 calendar year
through 1991 calendar year were also utilized in the regression analysis. The only
production data available for this time frame was based on a calendar year period
instead of the June to July period required in the El. Since the 1991-92 period, more
accurate and more complete production data for the July to June period has become
available, as the District has compiled detailed information for its El. Since 1998, the
regression analysis has not included pre-1991 data to more accurately represent June
through July production.
Annual change in storage for the current water year is estimated using the following
relationship between change in storage, precipitation, production, and the calculated
regression coefficients. The accumulated change in storage is shown in Figure 10.
QAnnual A storage=-91450+7572 * Qprec-0.342 * Qprod
where:
Q Annual A storage =Annual change in storage, (acre-feet)
Qprec = Annual Precipitation, inches
Qprod = Annual Production, acre-feet
SBV Water Conservation District Engineering Investigation 2012
18 Bunker Hill Basin
A nomograph, constructed using the above equation, is shown on Figure 9. Through
the use of this chart or the equation above, annual change in storage can be estimated
for a given set of annual precipitation and production values. The precipitation used in
the nomograph is based on the average of the representative Bunker Hill Basin drainage
area stations listed in Table 6. The historic annual precipitation information is show in
Table 1.
The historic annual average annual precipitation for nine of the ten stations with recent
data is shown in Table 6 approximately 23.1 inches (107 percent of normal). Historic
annual precipitation values are plotted in Appendix D for these nine stations and twelve
other local stations.
Table 6 shows that for the period between July 1, 2010 and December 31, 2010,
precipitation was 236 percent of normal for the nine stations with data. Remainder of the
water year, January 1 to June 30, 2011, the rainfall averaged 56 percent of the long term
average. Annually, precipitation for the 2010-11 water year averaged 112 percent. For
purposes of this report, it was assumed that precipitation for the current water year (July
1, 2011 to June 30, 2012) would be 23.1 inches, 100 percent of the Historical average
(rather than the average for the 2010 to 2011 season). The reason for this is the
preceding year's average is 112 percent, which would be a high estimate based on the
low amount of rain received so far this year. The precipitation for the ensuing water year
(.July 1, 2012 to June 30, 2013) was estimated, like it has typically been done, as 100
percent of normal, or 23.1 inches of rainfall.
Based on these assumptions, the estimated production for the current water year will be
approximately 219,913 acre-ft as shown in Figure 10. Using this result in Figure 9 an
estimated change in storage for the current water year(July 2011 to June 2012) of 7,700
acre-ft was determined.
SE Water Conservation District Engineering Investigation 2012
19 Bunker Hill Basin
8.0 Task 5 - Estimate of the Annual Change in Storage for the
Ensuing Water Year (July 1, 2012 to June 30, 2013)
The annual change in storage for the ensuing water year (July 1, 2012 to June 30, 2013)
was estimated using the same method as described in Section 7.0. It was assumed that
precipitation for the ensuing water year would be 100% of normal or 23.1 inches. Based
on this assumption, the estimated production for the ensuing water year will be
approximately 219,913 acre-ft as shown in Figure 11. Again, using this result in the
nomograph shown in Figure 9, the estimated annual change in storage for the ensuing
water year (July 1, 2012 to June 30, 2013) is 7,700 acre-ft.
9.0 Task 6 - Average Annual Change in Storage for the
Immediate Past 10 Water Years
Table 7 shows the average annual change in storage for the immediate past ten water
years (July 2001 to June 2011) using the same method as described in Section 4.0. By
summing the average annual change in storage for each sub-area, a total average
annual change in storage for the Bunker Hill Basin for the immediate past ten water
years was determined to be -362 acre-feet/year.
10.0 Task 7 - Estimated Amount of Agricultural Water and Other
Than Agricultural Water to be Withdrawn for the Ensuing
Water Year (July 1, 2012 to June 30, 2013)
The estimated amount of agricultural water and other than agricultural water to be
withdrawn within the District for the ensuing water year (July 1, 2012 to June 30, 2013)
was based on the following equations:
SBV Water Conservation District Engineering Investigation 2012
20 Banker Hill Basin
Qagl(10-11)= Qagr(10-11) x [(Qtotal(12-13)- Qsurf(12-13))/ (Qlotal(10-11) - Qsurf(10-11)),
and
Qnon-agr(10-11)— Qnon-agq 10-11) x [(Qtotal(12-13) - Qsurf(12-13))/ (Qlotal(10-11) - QsuA(10-11)),
where:
Qagr(12-13) = Agricultural use within the District for the ensuing water year,
acre-ft
Qagq;o-11) = Agricultural use within the District for the preceding water year,
acre-ft (Appendix C)
Qtota](12-13) = Production (including surface diversion)from the Bunker Hill
Basin for the ensuing water year, acre-ft(Figure 13)
Qtotal(10-11) = Production (including surface diversion) from the Bunker Hill
Basin for the preceding water year, acre-ft (Appendix C)
Qnon-agr(12-13) = All other uses within the District for the ensuing water year,
acre-ft
Qnon-agr(10-11) = All other uses within the District for the preceding water year,
acre-ft (Appendix C)
Qs„n(12-13) = Surface diversions from the Bunker Hill Basin for the ensuing
water year, acre-ft(Table 8)
Qsurf(10-11) = Surface diversions from the Bunker Hill Basin for the preceding
water year, acre-ft (Appendix C)
Data on agricu tural use and other uses within the District for the preceding water year
(.July 1, 2010 to June 30, 2011) are provided in Appendix C. For the period July 1, 2010
through June 10, 2011 approximately 14,119 acre-ft of groundwater was produced for
agricultural applications within the District boundary. For the same period,
approximately 46,064 acre-ft of groundwater was produced for all other uses within the
District boundary. Using the equations presented above with the following values
inserted:
SRV Water Conservation District Engineering Investigation 2012
21 Bunker Hill Basin
Qagr(10-11) = 5,061 acre-ft (Appendix C)
Qtotal(12-13) = 296,283 acre-ft (Figure 13
Qtotag10-11) = 255,638acre-ft(Appendix C)
Qnon-agr(10-11) = 45,954 acre-ft (Appendix C)
Qsur((12-13) = 76,370 acre-ft(Task 8)
Qsurt(10-11) = 71,516 acre-ft(Table 8)
The estimated production within the District for the ensuing water year for agricultural
uses and other than agricultural uses is:
Qtotat(12-13) = 219,913 + 76,371 = 296,283 acre-ft
Qagr(12-13) = 5,061 X [(296,283—76,370)/ (255,638—71,516)]
= 6,045 acre-ft
Qnon-agr(12-13) = 45,954 x [(296,283—76,370)/ (255,638— 71,516)]
= 54,886 acre-ft
Qagr(12-13) = 6,045 acre-ft
Qnon-agr(12-13) = 54,886 acre-ft
QD s((12-13) = 60,931 acre-ft
By summing these two results, it is estimated that 60,931 acre-feet of groundwater will
be withdrawn within the District for the ensuing water year (July 1, 2011 to June 30,
2012). Appendix C shows the Agriculture and Non-Agriculture trends for the District by
sub-basin using approximately 240 wells within the District Boundary reporting type of
use.
SBV Water Conservation District Engineering Investigation 1012
22 Banker Hill Basin
11.0 Task 8 - Estimated Amount of Water for Surface
Distribution for the Ensuing Water Year (July 1, 2012 to
June 30, 2013)
The amount of water for surface distribution for the ensuing water year (July 1, 2012 to
June 30, 2013) was estimated based on the average surface diversions for the Santa
Ana River, Mil Creek, and Lytle Creek for the period 1985 to 2011.
As shown in Table 8, average surface diversions for the Santa Ana River, Mill Creek,
Lytle Creek and smaller tributary creeks collectively called 'Bunker Hill Creeks," between
1985 and 2011 were 42,334, 21,701, 11,207, and 1,128 acre-feet, respectively.
Therefore, the total estimated amount of water for surface distribution from the Bunker
Hill Basin for the ensuing water year (July 1, 2012 to June 30, 2013) is found by
summing the diversions as follows:
Bunker Hill Surface Distribution =11,207 + 21,704 + 1,128 + 42,334 =
76,370 acre-ft
As Lytle Creek and Bunker Hill Creeks are not within the District, the estimated amount
of surface distribution from the District for the ensuing water year (July 1, 2012 to June
:30, 2013) is the sum of the Santa Ana River and Mill Creek distributions.
District Surface Distribution = 42,334 + 21,701 = 64,035 acre-ft
12.0 Task 9 - Estimated Amount of Water for Replenishment of
the Groundwater Supplies for the Ensuing Water Year (July
1, 2012 to June 30, 2013)
The amount of water necessary for replenishment of the groundwater supplies of the
Bunker Hill Basin for the ensuing water year (July 1, 2012 to June 30, 2013) was
estimated based on:
Replenishment = Total Production - Surface Diversions - Change in Storage
SBV Wafer Conservation District Engineering Investigation 2011
23 Bunker Hill Basin
The estimated production and surface diversions from the Bunker Hill Basin for the
ensuing water year (July 1, 2012 to June 30, 2013) were estimated at approximately
219,913 acre-feet (from Figure 13) and 76,370 acre-feet (from Table 8), respectively.
The estimated change in storage determined in Section 8.0 and shown on Figure 9 is an
increase of 7,700 acre-feet. Therefore, the amount of water necessary for replenishment
of the groundwater supplies of the Bunker Hill Basin is estimated as follows:
Replenishment = 223,361 -76,370 -7,700 = 135,843 acre-ft
The amount of water necessary for replenishment of the District's groundwater supplies
for the ensuing water year (July 1, 2012 to June 30, 2013) was estimated using the
same equation as shown above and substituting values for the District area. The
estimated production within the District for the ensuing water year was estimated at
approximately 60,931 acre-ft (from Section 10.0) and 64,035 acre-ft (from Section 11.0),
respectively. The change in storage for the ensuing water year for the District was
estimated as a increase of 7,700 acre-ft. Therefore, the amount of water necessary for
replenishment of the District's groundwater supplies for the ensuing water year (July 1,
2012 to June 30, 2013) is:
Replenishment =Total Production - Surface Diversions - Change in Storage
Replenishment = (60,931 + 64,035) -64,035 -7,700 = 53,232 acre-ft
13.0 General Findings
In addition to the above findings, Section 75505 of the California Water Code requires
that a finding be made as to the amount of water necessary to be replaced in the intake
areas of the groundwater basins within the District to prevent the landward movement of
salt water into the fresh groundwater body, or to prevent subsidence of the land within
the District. Because of its location and the elevations of its water table, the Bunker Hill
Basin is not subject to salt-water intrusion and the current groundwater levels will not
(lowest=593 msl) result in any significant land subsidence.
SBV Water Conservation District Engineering Investigation 2012
24 Banker Hill Basin
Section 75540 of the California Water Code requires that the District Board establish a
zone or zones where a groundwater charge is to be implemented. The Code specifically
states that a single zone may include the entire District and in May 1993 the Board
established the entire District as one zone. This determination may be amended in the
future, but lacking any evidence to the contrary, in the 2010-11 year the entire District
will remain as a single zone in regard to any groundwater charge.
Section 75561 of the California Water Code further requires the Engineering
Investigation to include a finding related to the amount of water the District is obligated
by contract to purchase. At this time the District has no contractual obligation to
purchase water for the replenishment of the groundwater supplies.
14.0 Conclusions
Based on the results of the 2012 Engineering Investigation, the San Bernardino Valley
Water Conservation District finds that:
• Due to the imbalance between recharge and production since 1993, the Bunker
Hill Basin's storage is 224,603 acre-feet below that which is considered full for
purposes of this Investigation.
• During the ensuing water year (July 1, 2012 to June 30, 2013), the Bunker Hill
Basin can be recharged, from all sources, with 352,746 acre-feet of water. This
recharge quantity is derived by algebraically adding together the accumulated
deficit as of the end of the preceding water year with the estimated quantity
needed to maintain the 1993 storage level considered full. The BTAC
recommends a maximum basin recharge of 80,000 acre-ft.
• The District should continue to take the necessary steps to work with its partners
to enhance its capability to conduct recharge operations, which includes
construction of new, or maintenance and repair of existing, diversion facilities,
canals, dikes, basins, roads, and other water recharge facilities. These
.SSV IVater Conservation District Engineering Investigation 2012
25 Banker Hill Basin
improvements are required to ensure that the increasing demands on the Basin,
especially during drought periods, can be met.
15.0 Financial Data
The San Bernardino Valley Water Conservation District, in response to questions
previously provided information about the groundwater charge in this section. The
District provides a complete budget and report of operations as a companion
document to this report.
Any changes to the groundwater charge will not be reflected on the District's financial
reports as income until the fiscal year 2012 — 2013, as the first increment of the new
charge is not due until that time.
SBV Water Conservation District Engineering Investigation 1012
26 Bunker Hill Basin
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Change in Groundwater Levels in Key Wells
Fall 2010 to Fall 2011
2010 2011 Differen
Depth ce
WCDCode State We[ Well Name Owner Or Measuring To Depth TO Fall 2010
Number Agency Water
Water (ft) to Fall
(ft) 2011
136_4 1S3W04JO1S 102 East Valley Water District 230.0 216.2 13.8
151_0 2N5W39K02S Calm Canyon Well San Bernardino City of 56.1 44.8 11.3
152_0 7NIW27M02' 27th Street Well San Bernardino,City of 287.5 261.4 26.1
151_; 1S4W10N065 Mill&D San Bernardino City of 93.5 92.2 1.3
153_7 015/04W-I0N #62,Mill&"D" San Bernardino,City of/shallow wells 93.8
159_1 2S3WO1E01S Redlands Hei hts Redlands,Ci of 170.0 172.0 -2.0
161_2_ INSW36H04S 7/LOrd7 West Valle Water District 427.0
1666 154W34P025 RaubI Riverside,City of 134.0 133.8 0.1
166E 1S4W02P02S Cooley D Riverside,Ci of 140.0 146.4 -6.4
1677 154W27A395 19 Riverside Ci of 121.0
170_2 INSW23Q015 Rialto,Ci of 284.0 212.0 72.0
D06_ 152W36F015 Magnet#1 Redlands City of 20.0 16.0 4.0
1707 ISIWOBH015 Creek#1 Redlands Ci of 0.0
1708 S2W22CO25 E. nia#2 Redlands Ci of
1705 152W21EO1S Magnet#2 Redlands,City of 45.0 24.0 21.0
1712 1S2W216025 #3 Redlands,Ci of 28.0 21.0 7.0 1]14 IS;'W2IDOSS nia#6 Redlands,Cit of 51.0 22.0 29.0
1718 153W35G095 3 Redlands,City of 64.0 58.0 6.0
1720 1.S_3W35H035 Well#16 Redlands City of 44.0 38.0 6.0
1722 1S3W21H01S Well#32 Redlands,City of 205.0 182.0 23.0
1723 1S4W24KO1S Well#34 Redlands City of 196.0 200.0 -4.0
1725 1S3W28H015 Well#41 Redlands City of 276.0
1727_ 152W39KO1S Agate 01 Redlands City of 140.0 71.0 69.0
1744 154W27HOSS Stewart 20 Riverside City of 127.2
1819 1S3W15FOIS Orange Street Redlands,City of 154.0 118.0 36.0
1851_ 1S3W06H04S 9A East Valley Water District 216.2 205.0 11.2
1865_ 1N4W25A01S 27 East Valle Water District 206.0 191.01 150
1910 1N5W03H02S Cajon Well#2 San Bernardino City of 153.0 117.5 35.5
1936 2/1-Ower7 West Valley Water District 292.0 223.0 69.0
-;, 1964 353W22AO2S Well#35 Redlands,City of 232.0 200.0 32.0
1970 1S3W32J02S Lee Well Redlands City of 219.0 212.0 ].0
1979_ 1N4W27BO1S 31st&Mtn.View San Bernardino,City of 324.2 306.0 18.2
1984_ 1N3W30NO1S 41 East Valley Water District 306.0 297.0 9.0
2007_ 1N4WO6HOIS Devil Canon 44 San Bernardino,City of 41.2 42.5 -1.3
2008 1N4W06HO2S Devil Canyon#3 San Bernardino City of 26.9 26.9 0.0
2062 SN4W32N015 Baseline Well San Bernardino,City of 257.0 270.2 -13.2
2066 1S4W02K08S Anti]Well#6 San Bernardino City of 172.0 156.3 15.7
2115_ IN5W03A02S Cajon Well#3 San Bernardino,City of 147.5 114.1 33.4
2286_ 153W32J015 SBVWCD#3 San Bernardino Valley Water Cons.Dist. 108.7 59.8 48.9
2288_ 153WIlHOIS SBVWCD#4 San Bernardino Valley Water Cons.Dist 170.4 89.5 80.9
2290 152W07K015 SBVWCD#2 San Bernardino Valley Water Cons.Dist. 104.0 74.5 29.6
2291 1S2W07BO1S SBVWCD#1 San Bernardino Valley Water Cons.Dist. 160.7 112.2 48.4
1519 1N4W27G015 30th&Mtn.View San Bernardino,City of 318.9 295.8 23.1
1010 IS3W09E02S Tri-City Concrete East Valley Water District 217.2 203.0 14.2
1401_ 153WOl H0IS 142 Mt.Harrison East Valley Water District 220.51 118.8 101.7
141° 1NSW25E015 5A/LOwer5 West Valley Water District 271.0 237.0 34.0
_ 1514 1N4W16E015 Newmark#1 San Bernardino,City of 185A 165.2 20.2
151E 1N4VJ16E035 Newmark#3 San Bernardino City of 190.8 170.71 20.1
1517_ 1N4W32D03S 19th Street No.1 San Bernardino,City of 300.4
1:525 1N4W34G01S 17th&Sierra Way#2 San Bernardino City of
1554 26-1 Riverside City Of-Gage Canal 158.0
1647 Perris Hill#5 San Bernardino City of 272.6 246.5 26.1
1660_ SN3W33F015 94 Corwin East Vail Water District 393.6 391.1 2.5
1.683 1S4W22H04S Warren Riverside,City of
1767 1S4W226035 Thorn 10 Riverside,City of
2271 1S4%V25D07S Anderson 111 Western Municipal Water District
2448 452 Brier/Gould/Tippecanoe ISan Bernardino City of/shallow wells 38.0
3' EPA E%TRAC WELL 112 San Bernardino,Ci of 424.0 347.6 76.4
01 S/04W-22C 921,Wastewater N MW 91 ISan Bernardino,City of/shallow wells
ow
SBVWCD 2012 Engineering Investigation Table 2
M
N
T
H
iF
O
N M N a M
C C 1 d n N u1 Lc O N M
c t O u 0' a-7 .y N .-7 N
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•IA C 41
v
tv
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6 0 0 0 6 0 6 0 6 C
O 3
N V V n V I� tp w N
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w 3 = N 2 L c O
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LL
U c v Q N N N U N
Vl C C c •c t0 >
N w C m m to DO O C
'0 O w c c .� m to N c m y rt1 t>D
O lU tU O � r c m 2 c
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N O O Q
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to O O v 7 O
L L
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N 0 c m tN v= m N C
U 3 N Y Y Z VI C Y v M -0 C
0 0 N N
Z V1 W W Z N N F.. X w N
c N N O m O > X > N
2 2 2 5 2 v i N E v
N (U U) N N m m vOi N N O O
Y Y Y Y Y a) m h c0 W CO Y II d
C c c c c Y .N v tU Q m
H ry)
Accumulated Change in Storage for Bunker Hill Basin
1989 to 2011 (Based on "Zero Year" of 1993)
Accumulated Storage
Year [acre-ft]
1989 -58,000
1990 -170,700
1991 -196,000
1992 -191,000
1993 0
1994 -50,000
1995 41,100
1996 -43,100
1997 -75,500
1998 40,400
1999 -85,700
2000 -131,100
2001 -212,200
2002 -301,500
2003 -338,800
2004 -406,900
2005 -183,100
2006 -245,500
2007 -359,400
2008 -362,000
2009 -397,600
2010 -340,62.3
2011 -224,603
Note: A negative sign irdicates a decline in storage and
a positive sign represents an increase in storage.
,ate
SBVWCD 2012 Engineering Investigation Table 4
Production for Sub-basins of Bunker Hill Basin
Preceding Water Year(July 2010 to June 2011)
Production
July 2010 to June
Sub-area 2011
acre-ft Z
Bunker Hill I - Northeast of Interstate 21S 7,488
Bunker Hill I -Southwest of Interstate 215 19,512
Bunker Hill II - West of Mentone Fault 35,731
Bunker Hill II - East of Mentone Fault, North 4,479
Bunker Hill II - East of Mentone Fault, South 1,188
Lytle Basin - Northwest of Barrier J 1,603
Lytle Basin -Southeast of Barrier J 15,624
Pressure Zone - North of Santa Ana Wash 66,476
Pressure Zone -Santa Ana Wash 32,020
Total 184,122
Notes: 239 Wells Used in these Calculations
1- Refer to Appendix C for Well Values Compiled for Estimate.
2 - Estimated for Water Year July 2010-June 2011 production.
Data Sources:25 Primary Water Purveyors (excluding Fontana Union),
as well as San Bernardino Watermaster, and SBVMWD.
SBVWCD 2012 Engineering Investigation Table 5
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cts
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na
o -
r N O N IC V a: n vdi m ° m vni m �i .Ni
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R
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'�..! O d' V1 •0 .L m M 1� N•' Oj ti LL
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O
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S Q R N N N V n O O O A } C
uj
27 V1 •�
m mm o > 'S Qc 3 o w " w N
U A >
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N
V
m
H
Average Annual Change in Storage for Bunker Hill Basin
Fall 2001 to Fall 2011
(The Immediate Past 10 Water Years)
[1] [2) [31 [41
Average Average
Change in 30 Annual
Sub-area Years Area Storativity(S) Change in
in Water Storage**
Level*
[ft) [acres] [acre-ft]
Bunker Hill I -Southwest of 215 Freeway -2.34 11,714 0.09 -2,410
Bunker Hill I - Northeast of 215 Freeway 0.35 7,795 0.11 296
Bunker Hill II -West of Mentone Fault -5.27 35,206 0.06 -10,944
Bunker Hill II - East of Mentone Fault 2.54 11,091 0.13 3,663
Lytle Basin -Southeast of Barrier J 18.56 5,237 0.07 6,804
Lytle Basin - Northwest of Barrier J 0.97 1,924 0.13 -243
Pressure Zone- North of Santa Ana Wash 14.66 11,920 1 0.02 3,495
Pressure Zone-Santa Ana Wash -7.65 6,686 1 0.02 -1,023
Total = -362
[1] Based on average annual changes in water level within each Sub-area over last 10 years.
(See Appendix E)
[2] Estimated using GIS.
[3] Based on data from Hardt and Hutchinson (1980).
S storativity:The amount of water stored or released per unit area of aquifer given unit head change.
[4] = f 1] x [2] x [3]
*A positive sign denotes an increase in water level and a negative sign represents a decline in water level.
SBVWCD 2011 Engineering Investigation Table 7
f ( ( ! }
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,
East Valley Water District
2011-12 Session, Second Year
ADAM (, aM= D) Public drinking water standards: hexavalent chromium.
.'
Introduced: 2/14/2011
Last Amend: 7/12/2011
Status: 3,11/2012-In Senate. Held at Desk.
Is Urgency: N
Is Fiscal: Y
Location: 3/1/2012-5. DESK
Summary:The Calderon-Sher Safe Drinking Water Act of 1996 requires the State Department of
Public Health to, among other things, adopt regulations relating to primary and secondary drinking
water standards for contaminants in drinking water. Existing law requires the Department of Finance
to take specified actions regarding the proposed drinking water standards not more than 90 days
from when the Department of Public Health submits them. Existing law requires the department to
establish a primary drinking water standard for hexavalent chromium on or before January 1, 2004.
Existing law requires the department to report to the Legislature on the progress in developing a
primary drinking water standard for hexavalent chromium by January 1, 2003. Violation of certain
provisions relating to public water systems is a crime. This bill would require the department to post
its progress subsequent to January 1, 2003, on the establishment of the standard on the
department's Internet Web site. The bill would include the adoption of a primary drinking water
standard for hexavalent chromium among the proposed regulations relating to maximum contaminant
levels for primary or secondary water standards that are subject to a review by the Department of
Finance of not more than 90 days.
Laws: An act to amend Sections 116365.01 and 116365.5 of the Health and Safety Code, relating to
drinking water standards.
Notes 1: While the author introduced AB 2051 on the same subject, she intends to amend that
legislation to address another unrelated subject. AB 403 will continue to be the legislative vehicle for
addressing progress, or the lack thereof, toward the adoption of a maximum contaminant level goal
for hexavalent chromium. AB 403 initially would have set a deadline for the adoption of the MCL, but
the author amended the bill in the face of opposition by ACWA and others. The bill was returned to
the Senate last fall and placed on the Senate Inactive File. The author removed the bill from the
Inactive File recently.
EVWD highest Chromium 6 results come from the Southwest portion of its system, where the District
has seen readings up to 6 ppb. In the Northwest part or the system the District sees readings of 3
ppb. There are a few wells in the interior and along the Southern boundary that get readings of 1.5
ppb and below. All of EVWD wells on the East end are non-detect.
Current Position: Not Yet Considered
Recommended Position: Watch
AIL4117 (Ella D) Environment: Safe Drinking Water,Water Quality and Supply, Flood Control, River and
Coastal Protection Band Act of 2006.
Introduced: 2/15/2011
Last Amend: 1/26/2012
Status: 1/:31/2012-In Senate. Read first time. To Com. on RLS. for assignment.
Is Urgency:Y
Is Fiscal: Y
Location: 1/31/2012-S. RLS.
Summary: (1) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006, an initiative statute approved by the voters at the November 7, 2006,
statewide general election, makes approximately $5.4 billion in bond funds available for safe drinking
water, water quality and supply, Flood control, natural resource protection, and park improvements.
The bond act makes $60,000,000 available to the State Department of Public Health for the purpose
of loans and grants for projects to prevent or reduce contamination of groundwater that serves as a
source of drinking water and requires the department to require repayment for costs that are
subsequently recovered from parties responsible for the contamination. Existing law requires the
State Depzrtment of Public Health, in collaboration with the Department of Toxic Substances Control
and the State Water Resources Control Board, to develop and adopt regulations governing the
repayment of costs that are subsequently recovered from parties responsible for the contamination of
groundwater. This bill would instead require the State Department of Public Health, in collaboration
with those agencies, to develop guidelines governing this repayment . The bill would authorize the
department to enter into an agreement with a grantee that would require the grantee to attempt to
;: recover the costs from responsible parties and would allow grantees to utilize the repayments to fund
activities authorized in the agreement The bill would also make a declaration concerning the
Page 1/9
utilization of those repayments . This bill contains other related provisions.
Laws: An act to amend Section 75101 of the Public Resources Code, relating to the environment, and
declaring the urgency thereof, to take effect immediately.
Notes 1: According to the author, AB 467 will secure funding to local agencies for additional
groundwater cleanup activities. Specifically, this legislation would state the intent of the legislature
that when the State Department of Public Health (DPH) develops and adopts regulations governing
the repayment of costs that are subsequently recovered from parties responsible for the
contamination of groundwater to include guidelines for allowing grantees to retain repayments to fund
ongoing or additional groundwater cleanup activities. The legislation also allows DPH to work with
Proposition 84 grantees in the grant agreement process to allow the grantees to keep the funds
recovered from polluters to fund additional groundwater cleanup activities. The measure allows DPH to
receive up to 3% of the recovered funds for oversight to ensure a grantee is using the funds
appropriately. Finally, the bill takes effect immediately to allow Prop 84 grantees to utilize its
provisions as DPH awards the remaining grant funds this year.
On November 7, 2006, voters passed Proposition 84, which includes $60 million for groundwater
contamination projects. This is the first time a bond included an allocation for cleanup of groundwater
contamination. The funds can only be used for a project's capital costs, and not for the actual
treatment of groundwater. Furthermore, the bond requires DPH to require repayment of costs that are
subsequently recovered from parties responsible for the contamination. Should those funds be
deposited into a fund administered by DPH, the author of this legislation argues that the department
will incur costs to administer a new grant award cycle and will likely assess administrative costs to re-
award the funds. Other State agencies, like the State Controller and the Department of Finance, will
also incur costs for their responsibilities in the administration of the funds. These costs are typically
budgeted at 5% of the total amount for the administering department (DPH) and additional
administrative costs are charged by the other involved agencies. Therefore, local cleanup efforts
would lose a minimum of $2.5 million if the full $50.4 million in grant awards is subsequently
recovered. AB 467 would ensure that over $1 million more can go to groundwater cleanup instead of
administrative costs.
DPH is moving expeditiously in awarding the remaining Prop. 84 grant funds for the groundwater
cleanup program. The author believes that AB 467 will provide an incentive to grantees to move to
pursue cost recovery from responsible parties, allowing recovered funds to be put to work quickly to
continue groundwater cleanup activities while saving significant state administrative costs.
Unfortunately, this legislation would authorize the Department of Public Health to require a grantee to
pursue cost recovery from a party responsible for groundwater contamination. The language of the
bond measure does not include such a requirement, but does require the grantee to repay the State
of California should it recover costs from a responsible party. This is an important distinction. A
grantee could incur significant costs to characterize a contamination plume and trace its origins back
to a responsible party; in addition, a grantee would then incur significant legal costs to obtain a legal
judgment to recover costs. This potential could make it infeasible to apply for a state grant to address
groundwater contamination. The legislation should be amended to delete the authorization to require
a grantee to pursue cost recovery.
The District could support the main thrust of this legislation, which would authorize a grantee to keep
proceeds from cost recovery efforts to further the remediation of groundwater contamination.
Otherwise, the grantee will be required to repay the State of California and possibly apply again for
new funds to pay for further remediation efforts.
Current Position: Not Yet Considered
Recommended Position: Favor if amended
AB 685 CEng D) State water policy.
Introduced: 2/17/2011
Last Amend: 1/13/2012
Status: 1/13/2012-From committee chair, with author's amendments: Amend, and re-refer to
committee. Read second time, amended, and re-referred to Com. on APPR.
Is Urgency: N
Is Fiscal: Y
Location: 1/13/2012-5. APPR.
Summary: Existing law establishes various state water policies, including the policy that the use of
water for domestic purposes is the highest use of water. This bill would declare that it is the policy of
the state that every human being has the right to safe, clean, affordable, and accessible water
adequate for human consumption, cooking, and sanitary purposes . The bill would require, on and
after January 1, 2013 , all relevant state agencies, including the Department of Water Resources, the
State Water Resources Control Board, the California regional water quality control boards, and the
State Department of Public Health, to advance the implementation of this state policy upon revising
rage 2/9
existing, and upon adopting or establishing new, policies, regulations, and funding criteria when those
policies, regulations, and grant criteria are pertinent to the uses of water described above.
Laws: An act to add Section 106.3 to the Water Code, relating to water.
Notes 1: This legislation is similar to AB 1242 (Ruskin) from 2009. ACWA officially opposed AB 1242,
and the bi'I was ultimately vetoed by Governor Schwarzenegger. When he vetoed AB 1242, Governor
Schwarzenegger highlighted the unnecessary duplication of provisions already contained in California
law, and cited the potential for"costly and constant litigation."
Existing law states that the highest use of water in the State of California is for domestic purposes.
ACWA researched materials from the sponsor's websites and prior fact sheet and concluded that one
goal of this legislation would be to preclude water agencies from turning off a connection when a
customer does not pay their bill. The sponsors note that more than 150,000 California residents lack
safe water for drinking, bathing, and washing dishes. Even more have water service disconnected
because they cannot afford to pay their water bill. This legislation will establish the right of every
human to have access to clean water for basic human needs as a State policy and instruct State
agencies to conform their practices and programs to this policy.
"Adding a provision to the Water Code explicitly stating that access to an amount of clean water
necessary for basic human needs is a "right" of every Californian and instructing State agencies,
dealing with water resources, to conform their programs and practices to this policy will pave the way
to ensure that every Californian will someday be able to confidently fill a glass of water from their tap
and serve 't to their families," state the sponsors.
The California Department of Public Health and county environmental management departments for
very small water systems enforce California drinking water standards. Some rural households,
however, rely on contaminated groundwater wells for their water supply. Other Californians are
served by mutual water companies that do not have the managerial expertise, technological capability
or financial wherewithal to operate a modern water system that complies with safe drinking water
standards.
The enactment of this legislation could have significant financial ramifications if individual wells and
small water systems must be brought into compliance by the State of California or a neighboring public
water system.
Further, enactment of a rather nebulous state policy could have a negative impact on local water
districts--both drinking water providers and agricultural water providers—as local rate-setting
authority, extension of service, service shut-off due to nonpayment, and other statutory provisions
relating to water service may become the subject of litigation due to perceived or actual conflicts
created by the new state policy.
At a minimum, AB 685 should be amended so that it only applies to state agencies, which would reflect
the intent of the sponsors; i.e., that the State Water Resources Control Board and Department of
Water Resources have not done enough to funnel state money into correcting contaminated water
wells and small community water systems. Other amendments we currently seek offer statutory
protection against imposition of such a policy on local agencies, including amendments addressing rate
setting authority, Proposition 218 requirements, service extension statutes, etcetera.
The January 13, 2012 amendments do not substantively amend the bill to resolve the concerns raised
herein.
Current Position: Oppose unless amended
Recommended Position: Oppose unless amended
/1111543 (Alejo D) Public contracts: Buy American.
Introduced:! 1/25/2012
Status: 2/9/2012-Referred to Coms. on B., P. &C.P. and L. GOV.
Is Urgency: N
Is Fiscal: Y
Location: 2/9/2012-A. B.,P. &C.P.
Summary: 7-he California Buy American Act requires that a governing body of any political subdivision,
municipal corporation, or district, and any public officer or person charged with the letting of contracts
for the construction, alteration, or repair of public works or for purchasing materials for public use to
only let those contracts to a person who agrees to use or supply materials produced or manufactured
in the United States, as prescribed. Existing law does not apply this requirement to specified medical
and scientific= equipment and instruments, sewing machines, printing presses, or office machines or
supplies, as specified. This bill would, on and after January 1, 2014, also apply a similar requirement to
public contracts let for the purchase or lease of any manufactured tangible personal property or for
W any materials or structural components to be incorporated into real property, and would provide for
Page 3/9
specified exceptions, as provided. This bill would repeal those provisions that prohibit the application
of the existing United States-made preference to specified medical and scientific equipment and
instruments, sewing machines, printing presses, or office machines or supplies. By imposing new
duties upon local governments with respect to public contracts, this bill would impose a state-
mandated local program. This bill would also make related changes. This bill contains other related
provisions and other existing laws.
Laws: An act to amend Sections 4300, 4301, 4303, 4304, and 4305 of, and to repeal Sections 4302,
4302.5, 4302.6, and 4303.5 of, the Government Code, relating to public contracts.
Notes 1: AB 1543 creates the Bring Manufacturing Jobs Back to California Act. Specifically, this bill
would require the State of California and all local government entities to purchase or lease
manufactured tangible personal property, or materials or structural components to be incorporated
into real property, only if they are manufactured in the United States. These manufactured items
would also have to be made substantially from materials produced in the United States.
Currently, there are Buy America provisions for certain infrastructure projects, such as building bridges
or highways, which were enacted through the American Recovery and Reinvestment Act (2009). In
1933, the United States passed the "Buy American Act" which created preferences for U.S. made
products purchased by the federal government. In 1983 Congress passed the"Buy America Act" which
applies to transportation project purchases over $100,000 and funded at least in part by federal
grants.
AB 1543 applies to public contracts for the purchase or lease of goods (tangible personal property
such as lamps, computers and desks, etc.) and for materials or structural components to be
incorporated into real property (such as rebar, paint, etc.).
This bill will go into effect on January 1, 2014, which the author argues would give international
companies lead time to build plants and factories back in the United States in order to be eligible for
public contracts with the state of California.
According to the author, "the purpose of AB 1543 is bring jobs back home, to use California taxpayer
dollar for in-sourcing rather than outsourcing jobs. We have an opportunity to bring manufacturing
back to America. California's tax dollars should pay for goods and services provided by hard working
Americans, not workers overseas. Spending tax dollars here instead of overseas creates a multiplier
effect, eventually putting more and more people back to work."
This legislation would allow the State of California to preempt local authority over purchasing protocol.
Water and wastewater agencies rely on sophisticated computer, SCADA, pumps and other equipment
to operate their systems. A significant amount of equipment and computer systems consist of foreign-
made components. This legislation could create significant challenges to water and wastewater
agencies, for both new purchases and repair and replacement.
Current Position: Not Yet Considered
Recommended Position: Oppose
AB 1626 (Yamada D) Election materials: public examination: writ of mandate: elections official.
Introduced: 2/9/2012
Status: 2/23/2012-Referred to Com. on E. & R.
Is Urgency: N
Is Fiscal: N
Location: 2/23/2012-A. E. &R.
Summary: Existing law requires the elections official administering a county, municipal, district, or
school district election to make a copy of certain election materials available for public examination in
his or her office for a period of 10 calendar days immediately following the filing deadline for
submission of those documents. It permits any voter of the jurisdiction in which the election is being
held, during that 10-calendar-day public examination period, to seek a writ of mandate or an
injunction requiring the amendment or deletion of any or all of the materials. In the case of county and
municipal elections, existing law also permits the elections official, himself or herself, to seek the
above-described writ of mandate or injunction, as specified. This bill would also authorize the elections
official to seek the above-described writ of mandate or injunction in the context of a district or school
district election.
Laws: An act to amend Sections 9380 and 9509 of the Elections Code, relating to elections.
Notes 1: EVWD is a county water district formed under the County Water District Law of the California
Water Code. According to Section 30523 of the California Water Code, a County Water District board
of Directors shall act only by ordinance, resolution, or motion.
This bill would extend from county and municipal elections to Special District and School District
elections, a County Elections Official's authority to seek a writ of mandate or injunction to amend or
delete errors or omissions in election materials.
Page 4/9
For each election, a county elections official provides each voter with a sample ballot that contains
arguments for or against measures on the ballot. In State, County and City elections any voter in the
jurisdiction, or the Elections Official, may seek a writ: of mandate or injunction to prevent the inclusion
of false or misleading statements or omission of fact, in a ballot argument. However, in Special District
or School District elections, only a voter within that jurisdiction may attempt to stop the dissemination
-- of misleading voter materials, not the Elections official him or herself. This Issue recently received
attention with a local Yolo County school district parcel tax measure. While opinions are allowed in
ballot arguments and the author can discuss any issue they wish, the County elections official
believed that the argument submitted to the official for inclusion in the sample ballot contained
incorrect and misleading information about all-mail ballot elections. However, the law did not allow the
Yolo County Elections office to contest:the false statements. To ensure the dissemination of
information based on fact, the official had to find a qualified voter willing to go to court on behalf of the
county in time to meet legal deadlines. A court ultimately struck portions of the argument which were
proved incorrect.
In smaller electoral communities, which are most commonly school districts or special districts, it is
often the Elections Official who is first to spot any issues with the ballot argument. In order to
encourage timeliness and efficiency, the Elections official should have the ability to directly ask the
courts to rectify any issues that arise as soon as possible. AB 1626 would allow county elected officials
to perform a well established function of office for all elections. In addition, the bill would ensure that
the integrity of smaller elections is as well maintained as larger elections.
This legislation would affect the conduct of elections for special districts that adopt actions by
ordinance, as well as those districts in which voters may submit a petition on the elections ballot.
Section 9312 of the Elections Code provides that whenever any ordinance is required to be submitted
to the vote-rs of a district at any election, the district elections official shall cause the ordinance to be
printed. A copy of the ordinance shall be made available to any voter upon request. Section 9315
authorizes the persons filing an initiative petition to file a written argument in favor of the ordinance.
The district board may submit an argument against the ordinance. Neither argument shall exceed 300
words in length, and both arguments shall be printed and mailed to each voter with the sample ballot
for the election.
Section 9317 provides that when an argument in favor and an argument against a measure have
been selected for publication in the voter information pamphlet the elections official responsible for
conducting the election shall send copies of the argument in favor of the measure to the authors of
the argument against the measure and copies of the arguments against the measure to the authors
of the argument in favor. The authors may prepare and submit rebuttal arguments not exceeding 250
words, or may authorize in writing any other person or persons to prepare, submit, or sign the
rebuttal argument. The rebuttal arguments shall be submitted to the elections official conducting the
election no later than a date designated by the
elections official.
This legislation could benefit the districts in the future, particularly in circumstances where a voter or
group of voters seeks to overturn an ordinance or to enact an ordinance by means of a petition.
Current law authorizes a voter or the elections official for a city or county to seek a writ of mandate to
change a petition or argument. This legislation would provide that authority for a special district as
well. This authority could be helpful as upward pressure on rates, fees and charges creates increased
voter and ratepayer backlash.
Current Position: Not Yet Considered
Recommended Position: Watch
AIUDZ2 (Berninde;- Roner D) District-based local elections.
Introduced: 2/23/2012
Status: 2/24/2012-From printer. May be heard in committee March 25.
Is Urgencyi� N
Is Fiscal: N
Location: 2,123/2012-A. PRINT
Summary: Existing law provides for political subdivisions that encompass areas of representation
within the state. With respect to these areas, public officials are generally elected by all of the voters
of the political subdivision (at-large) or from districts formed within the political subdivision (district-
based). This bill would state the intent of the Legislature to enact legislation relating to district-based
dotal elections.
Laws: An act relating to elections.
Notes 1: This legislation is a placeholder and will require substantive amendments before it can be
set for policy committee hearing. The District elects its directors in at-large elections. This legislation
could be a vehicle to require local agencies like the District to elect directors by division in order to
Page 5/9
address voting rights issues where an ethnic segment of the community is not represented on a
board of directors due to at-large elections. It should be closely monitored given the subject matter.
Current Position: Not Yet Considered
Recommended Position: Watch
An 2000 (Hobe D) Sacramento-San Joaquin Delta: Delta plan.
Introduced: 2/23/2012
Status: 2/24/2012-From printer. May be heard in committee March 25.
Is Urgency: N
Is Fiscal: N
Location: 2/23/2012-A. PRINT
Summary:The Sacramento-San Joaquin Delta Reform Act of 2009 requires the Delta Stewardship
Council to consider the Bay Delta Conservation Plan (BDCP) for inclusion in a specified Delta Plan, and
requires the incorporation of the BDCP into the Delta Plan if the BDCP meets certain requirements, as
specified. This bill would state findings and declarations regarding the lack of information about the
regulatory and environmental consequences of incorporating the BDCP into the Delta Plan. This bill
would state the intent of the Legislature to enact legislation that would include elements in the
environmental impact report and environmental impact statement for the BDCP and to include certain
changes in the BDCP, as specified.
Laws: An act relating to the Sacramento-San Joaquin Delta.
Notes 1: The Bay Delta Conservation Plan is being conducted pursuant to the Natural Community
Conservation Planning Act under California law. The law establishes a voluntary, collaborative process
for addressing ecosystem impacts related to the development of projects like the proposed Delta
conveyance improvements. BDCP will be a 50-year commitment on the part of the participants and rely
on adaptive management principles to ensure that ecosystem impacts are mitigated, that certain
aspects of the environment are enhanced, and that regulatory assurances are provided to enable the
operation of State Water Project Delta facilities to meet expected water supply reliability goals. In
addition, BDCP will be subject to CEQA and the appropriate avoidance or mitigation of potential
significant adverse impacts.
This legislation is a placeholder for amendments that would add requirements for BDCP and CEQA that
are either not in current law or would already be included in documents prepared pursuant to NCCP
and CEQA. The legislation would delay the schedule set forth by Federal and State agencies for BDCP
and increase costs and increase uncertainty.
Current Position: Not Yet Considered
Recommended Position: Oppose
An 2402 (Huffman D) Department of Fish and Game: Fish and Game Commission: entitlements: fees:
violations.
Introduced: 2/24/2012
Status: 2/27/2012-Read first time.
Is Urgency: N
Is Fiscal: Y
Location: 2/24/2012-A. PRINT
Summary: Existing law establishes the Department of Fish and Game and the Fish and Game
Commission and sets forth the powers and duties of that department and commission. This bill would
make findings and declarations of the Legislature concerning the process of developing a strategic
vision for the Department of Fish and Game and the Fish and Game Commission pursuant to Chapter
424 of the Statutes of 2010, as specified. This bill contains other related provisions and other existing
laws.
Laws: An act to amend Sections 37, 39, 700, 2089.4, 3031.2, and 7149.8 of, to add Sections 715,
1020, 1021, 1065, 12028, and 13205 to, and to repeal and add Section 8598.3 of, the Fish and Game
Code, and to amend Section 12805 of the Government Code, relating to fish and wildlife resources.
Notes 1: The Department of Fish and Game is developing a strategic vision with the assistance of
stakeholders. One of the critical issues facing the department is a lack of sufficient revenues to
provide the desired level of services, particularly those services that are not directly supported by fee
revenue related to hunting and fishing activities; i.e., public trust responsibilities. The interim strategic
plan for the department is scheduled for release this month, with a final plan scheduled for later this
summer. Earlier in the planning process, there was a suggestion to explore a fee on water diversion
and use to raise revenues for the department. That notion seems to have been eliminated from
consideration at the moment, but the plan has not yet been finalized. This legislation will be relied
upon to make statutory changes that are based on the recommendations included in the final
strategic plan. Therefore, the District should closely monitor the planning effort as well as this
legislation to ensure that a new fee on water diversion and use is not proposed.
Page 6/9
Current Position: Not Yet Considered
Recommended Position: Watch
AI1_24:21 (Berryilill,..tiill R) Sacramento-San Joaquin Delta: peripheral canal.
introduced: 2/24/2012
Status: 2)'27/2012-Read first time.
Is Urgency: N
Is Fiscal: N
Location: 2/24/2012-A. PRINT
Summary: Existing law requires various state agencies to administer programs relating to water
supply, water quality, and flood management in the Sacramento-San Joaquin Delta. The bill would
require the Legislative Analyst's Office to complete a prescribed economic feasibility analysis prior to
the enactment of a statute authorizing the construction of a peripheral canal, as defined.
Laws: An act to add Chapter 1.5 (commencing with Section 115) to Division 1 of the Water Code,
relating tc the Sacramento-San Joaquin Delta.
Notes 1: This legislation is another in an ongoing series of attempts to re-open the November 2009
water package. Prior attempts to require the Office of the Legislative Analyst to conduct an economic
analysis of a peripheral canal have been defeated. Current law, the California Water Resources
Development Bond Law (also known as the Burns-Porter Act, authorizes Delta facilities. The 2009
package did not include any requirement for legislative review or authorization of delta conveyance
improvements. The economic feasibility of a preferred alternative, which may be a tunnel as compared
to a canal, will be conducted by DWR and its consultants on behalf of State Water Contractors--who
will pay al costs related to the final project. It is neither necessary nor desirable to require the LAO to
conduct a feasibility study. It is unlikely that the LAO has the qualifications to conduct such a study or
review.
Current Position: Not Yet Considered
Recommended Position: Oppose
All-Zifil (.Carter D) Sewer collection agency: schedule of fees.
Introduced: 2/24/2012
Status: 2/27/2012-Read first time.
_, , Is Urgency: N
Is Fiscal: IV
Location: 2/24/2012-A. PRINT
Summary: Articles XIII C and XIII D of the California Constitution, generally requires that
assessmerts, fees, and charges be submitted to property owners for approval or rejection after the
provision of written notice and the holding of a public hearing. Existing law, the Proposition 218
Omnibus Implementation Act, prescribes specific procedures and parameters for local jurisdictions to
comply with Articles XIII C and XIII D of the California Constitution. Existing law establishes notice,
protest, and hearing procedures for the levying of new or increased fees and charges by local
government agencies pursuant to Articles XIII C and XIII D of the California Constitution. Existing law
authorizes an agency that provides water, sewer, or refuse collection service to adopt a schedule of
fees or charges authorizing automatic adjustments that pass through increases in wholesale charges
for water or adjustments for inflation, if it complies with specified procedures. This bill would
additionally authorize a sewer collection agency that charges a fee that includes a pass through
increase in water treatment fees charged by a water treatment agency to adopt a schedule of fees or
charges authorizing automatic adjustments in the amount of that fee, If that agency complies with
specified procedures.
Laws: An act to amend Section 53756 of the Government Code, relating to local government.
Notes 1: This legislation would amend AB 3030 from 2008. That legislation, as the District is aware,
authorized a retail water agency to pass through rate increases from a wholesale water agency, as
specified. This legislation would authorize a wastewater collection agency to pass through rate
increases from a wastewater treatment agency in a similar fashion. The benefits of such authority is
reduced costs for Proposition 218 rate increase proceedings and a related reduction in ratepayer
fatigue due to multiple Proposition 218 proceedings. In the case of wastewater treatment, much like
wholesale water charges, the "retail" agency has little or no ability to influence the direction of
"wholesale" rates.
Current Position: Not Yet Considered
Recommended Position: Watch
SB114G (Payley D) Wells: reports: public availability.
Introduced: 2/21/2012
Status: 3/1/2012-Referred to Coms. on N.R. & W. and E.Q.
Page 7/9
Is Urgency: N
Is Fiscal: Y
Location: 3/1/2012-S. N.R. &W.
Summary: Existing law requires a person who digs, bores, or drills a water well, cathodic protection
well, or a monitoring well, or abandons or destroys a well, or deepens or reperforates a well, to file a
report of completion with the Department of Water Resources. Existing law prohibits those reports
from being made available to the public, except under certain circumstances. This bill would instead
require the department to make the reports available to the public. The bill would require the
department to provide specified disclaimers when providing the reports to the public. The bill would
also allow the department to charge a reasonable fee to recover the cost of reproducing the report
and for compliance with the Information Practices Act of 1977.
Laws: An act to amend Section 13752 of the Water Code, relating to water.
Notes 1: This bill mirrors provisions previously contained in last year's AB 263 (Pavley) relating to well
logs public availability.
Governor Jerry Brown vetoed SB 263 on October 8, 2011, stating: "The original intent of this bill
recognized that wise management and use of groundwater supply requires public disclosure of well
logs. Unfortunately, as amended, this bill now unduly restricts the use of these reports and imposes
severe criminal penalties for disclosure. California is the only western state that does not provide
ready access to well reports. That should be changed. I am directing the Department of Water
Resources to work with the author to ensure responsible public access to well logs."
Well log reports provide little meaningful information that would be benefit groundwater management
planning. The reports include the exact location of a groundwater well and the depth from which
water is drawn at the time the well was drilled, but do not include water quality information or the
amount of water pumped in a given year. Well log reports are available to government agencies for
purposes of conducting studies under current law. In addition, the reports are available to consultants
retained to conduct groundwater contamination studies.
As a result of SBX7 6 (enacted in November 2009), the Department of Water Resources developed the
California Statewide Groundwater Elevation Monitoring (CASGEM) Program. The CASGEM Program
establishes a basis for collaboration between local monitoring parties (Monitoring Entities) and DWR to
collect groundwater elevation information statewide and make that information available to the public.
The statewide data are compiled in the CASGEM Online System and made available to the public via
the Internet with a GIS interface. As a result, all interested parties can use the data to evaluate and
monitor groundwater conditions in California.
There are three basic methods available for managing groundwater resources in California: (1)
management by local agencies under authority granted in the California Water Code (AB 3030, SB
1938) or other applicable State statutes, (2) local government groundwater ordinances or joint
powers agreements, and (3) court adjudications. No law requires that any of these forms of
management be applied in a basin. Management is often instituted after local agencies or landowners
recognize a specific groundwater problem. The level of groundwater management in any basin or
subbasin is often dependent on water availability and demand. Again, government agencies have
access to well log reports under current law, to the extent the information contained therein is
necessary to conduct studies.
The fact that other states might allow public disclosure of well log reports should not be the sole
reason for California to repeal the confidential status of these reports here. The exact location of
public water system groundwater wells are confidential; the information is included in vulnerability
assessments conducted pursuant to Federal law. These vulnerability assessments are exempt from
disclosure under the California Public Records Act and Federal agencies encourage local agencies to
protect this information from disclosure.
Further, metal theft continues to present a law enforcement challenge in California. Metal thieves are
destroying pumps and appurtenant facilities to obtain metal to sell to recyclers. Providing unfettered
public disclosure of the exact location of groundwater wells will only make it easier for metal thieves to
located and destroy wells to steal metal.
One amendment, which was offered and rejected by the author last year, was to allow a well owner
to opt-out of public disclosure. The amendments that would have imposed penalties for the
unauthorized release of a well log report are the same penalties that may be imposed on public water
systems for various violations of the Safe Drinking Water Act. Absent a penalty of some sort, there will
be no means of enforcing a ban on sharing or releasing a confidential well log report.
Current Position: Not Yet Considered
Recommended Position: Oppose unless amended
56 1251 (Evans D) Invasive aquatic species: quagga mussels.
Page 8/9
Introduced: 2/23/2012
Status: 3/8/2012-Referred to Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/8/2012-S. RLS.
' Summary: Existing law, until January 1, 2017, generally prohibits a person from possessing,
importing, shipping, or transporting, in the state, or from placing, planting, or causing to be placed or
planted in any water within the state, dreissenid mussels, including, but not limited to, quagga
mussels, and authorizes the Director of Fish and Game or his or her designee to engage in various
enforcemE!nt activities. This bill would state the intent of the Legislature to enact legislation to require
the Department of Fish and Game to develop a new statewide quagga mussel prevention and
management plan dependent on criteria, including, but not limited to, inspection protocols and the
tracking of vessels.
Laws: An act relating to invasive aquatic species.
Notes 1: This legislation is a placeholder and will require substantive amendments before it can be
set for policy committee hearing. The District has supported legislation relating to this subject matter
over the past several years. Although the District does not operate or maintain recreational boating
facilities, its water supply system may be vulnerable to quagga mussel infestation. This legislation
should be closely monitored given the subject matter.
Current Position: Not Yet Considered
Recommended Position: Watch
SO-U511 (Keho8 D) Urban water management plans.
Introduced: 2/24/2012
Status: 2%27/2012-Read first time.
Is Urgency: N
Is Fiscal: N
Location: 2/24/2012-S. PRINT
Summary:The Urban Water Management Planning Act requires an urban water supplier to prepare
and adopt an urban water management plan that identifies and quantifies the existing and planned
sources of water available to the water supplier's service area, based on specified factors. The act
states the ntent of the Legislature, in enacting the act, to permit levels of water management
planning commensurate with the number of customers served and the volume of water supplied. This
bill would make technical, nonsubstantive changes to that intent provision.
Laws: An act to amend Section 10630 of the Water Code, relating to water.
Notes 1: phis legislation is a placeholder and will require substantive amendments before it can be
set for policy committee hearing. It should be closely monitored given the subject matter.
Current Position: Not Yet Considered
Recommended Position: Watch
St1..]HM (S.trickland R) Environmental quality: California Environmental Quality Act (CEQA).
Introduced: 2/24/2012
Status: 2/27/2012-Read first time.
Is Urgency: N
Is Fiscal: N
Location: 2/24/2012-S. PRINT
Summary: The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to
prepare, or cause to be prepared by contract, and certify the completion of, an environmental impact
report on a project, as defined, that it proposes to carry out or approve that may have a significant
effect on the environment, or to adopt a negative declaration if it finds that the project will not have
that effect. This bill would make technical, nonsubstantive changes to those provisions.
Laws: An a,-t to amend Section 21100 of the Public Resources Code, relating to environmental quality.
Notes 1: This legislation is a placeholder and will require substantive amendments before it can be
set for policy committee hearing. It should be closely monitored given the subject matter.
Current Position: Not Yet Considered
Recommended Position: Watch
Total Measures: 14
Total Tracking Forms: 14
Page 9/9
RALPH M. BROWN ACT
WHAT IS THE MAIN GOAL OF THE BROWN ACT?
■ To ensure that all MEETINGS of LEGISLATIVE BODIES of LOCAL AGENCIES are
OPEN AND PUBLIC so that the public may participate in the decision-making process.
■ "file Brown Act is found in the California Government Code §§ 54950, et seq.
■ Interpretations of the Brown Act are contained in Opinions of the Attorney General as well
as court decisions that have construed the law. An analysis of the Brown Act is also
contained in a publication entitled "The Brown Act: Open Meetings for Local Legislative
Bodies,"published by the California Attorney General's Office(2003)and"Open&Public
IV: A Guide to the Ralph M. Brown Act" published by the League of California Cities.
■ The Brown Act permits local agencies to adopt a "Sunshine Ordinance" that reflects a
commitment by the Board to comply with the Brown Act,to describe the manner in which
such compliance will be achieved,and to impose upon itself certain additional requirements
pertinent to the operations of the local agency.
IN This material is summary in nature and is not intended to provide, and should not be relied
upon for, legal advice as to individual questions. Specific questions regarding the
interpretation and application of the Brown Act as it may apply to a local agency and/or any
particular set of facts should be directed to legal counsel.
THE BROWN ACT APPLIES TO:
■ Legislative bodies of local agencies.
A LOCAL AGENCY IS:
■ A county, city, town, school district, municipal corporation, district, political subdivision,
any board, commission, or agency thereof, or any other local public agency.
A LEGISLATIVE BODY INCLUDES:
■ Governing bodies of local agencies, including local agencies created by State or Federal
statute(boards of directors, city councils, boards of supervisors, boards of trustees, and so
on).
■ Commissions, committees, boards, citizen volunteer groups, task forces, "blue ribbon
committees,"or other bodies of local agencies,whether permanent or temporary,decision-
making or advisory, created by resolution or other formal action of a legislative body.
■ Standing committees of a governing body with a continuing subject matter jurisdiction or
meeting schedule fixed by formal action of the governing body, irrespective of their
composition.
■ Governing boards of private corporations, limited liability companies, or other entities
which either (1) are created by a public entity to exercise authority delegated to it by the
public entity, or (2) receive funds from a public entity and whose membership includes a
member of the local agency's board, appointed by the local agency.
Thus, entities such as private foundations and chambers of commerce are subject
to the Brown Act if the entity was created by the Agency(such as a foundation),or
where an elected official is on the board of that entity AND the entity receives
funds from the Agency or other local public agency (such as a chamber of
commerce).
■ A newly elected official,who has not yet assumed office,must comply with the Brown Act.
-2-
A LEGISLATIVE BODY DOES NOT INCLUDE:
IN Ad hoc advisory committees made up solely of members of the governing body (Board of
Directors) and constituting less than a quorum of the legislative body, are not considered
"legislative bodies" subject to the Brown Act. An example is an advisory committee
composed of less than a quorum of the Board to interview candidates for a vacant position.
■ In order to be exempt from the notice,agenda,and public participation requirements of the
Brown Act, all ad hoc committees of the Board must Substantially comply with the
following guidelines:
(1) The committee shall be comprised of less than a quorum of the Board;
(2) The committee's life should be restricted to a relatively short period of
time;
(3) The committee's purpose should be limited to a single and specific task;
(4) The committee shall not be given any independent discretionary authority
to make ultimate decisions on behalf of the Board with respect to the final
resolution of the task;
(5) The committee's charge should not be automatically renewed upon
completion of its particular assignment or expiration of its fixed tern;
(6) The committee's meeting schedule should not be on a regular basis or
established by formal action of the Board; and
(7) Public notice of the formation of the committee shall be given in a timely
manner.
(Sources: Gov. Code Ej§ 54951, 54952, and 54952.1)
'W -3 -
THE BROWN ACT APPLIES TO MEETINGS OF LEGISLATIVE BODIES
AND ACTION TAKEN BY LEGISLATIVE BODIES
■ All meetings must comply with the provisions of the Brown Act,and be conducted publicly,
in the absence of an exception which authorizes discussion in closed or executive session.
■ Exceptions to the requirements of the Brown Act are narrowly construed in favor of
requiring public disclosure even if the subject matter may be viewed as sensitive.
■ As a general principle, if a matter does not fall within a closed meeting exception, all
discussion, deliberations,debate,acquisition of information,and action must be conducted
in public at a duly-noticed public meeting.
■ The agency must exercise care in ensuring that it does not inadvertently violate the public
meeting requirements and/or the provisions regarding how action may be taken.
■ The Brown Act imposes both substantive and procedural requirements on legislative bodies,
and violation may result in both civil actions and criminal penalties.
-4-
A MEETING IS:
■ Any congregation of a majority of the members of the legislative body at the same time and place
to hear,discuss,or deliberate upon any item within the subject matter jurisdiction of the legislative
body or the local agency to which it pertains.
A "meeting" is not limited to gatherings at which action is taken and may include an
informal gathering,such as a lunch,social gathering,retreat,workshop,or conference,ifthe
subject matter of the jurisdiction is discussed, and even if the focus is on team-building.
■ Any use of direct communication, personal intermediaries, or technological devices (except for
teleconferenc ng, discussed below)employed by a majority of the members of the legislative body
to develop a collective concurrence regarding action to be taken on an item by the legislative body.
(1) This type of meeting is sometimes called a"serial meeting,"and involves a series
of communications with less than a quorum of the legislative body but which, as a
whole,results in a collective concurrence by a quorum and/or majority of the Board
members.
(2) Daisy-Chain Example: Director A calls Director B; Director B then calls Director
C,to arrive at a collective concurrence among a five-member Board. This is a serial
meeting in violation of the Brown Act.
(3) 1Inb-and-S poke Example: The General Manager calls Director A to find out his/her
opinion on a topic; the General Manager then calls Director B, and thereafter
Director C, in order to reach concurrence on an issue within the Agency's
jurisdiction. This is a serial meeting in violation of the Brown Act.
(4) Note: A member has the right to meet with constituents to discuss issues, and to
confer with a colleague about local agency business,but if,in the process,collective
concurrence as to action to be taken is reached by a majority,then a violation of the
Brown Act has occurred.
x� 5 -
■ On July 3,2008,Governor Schwarzenegger signed into law SB 1732, which amended Government
Code Section 54952.2. The new law,which went into effect on January 1,2009,prohibits a majority
of the members of the Board from using a series of communications outside a Brown Act meeting
to discuss,deliberate,or take action on any item of business. It codifies the Brown Act's prohibition
on the use of private"serial meetings"to circumvent the requirement that all business of the Board
be discussed, deliberated, and acted upon in a meeting that is open to the public.
This law was written in response to a 2006 appellate court decision in a case called Wolfe v. City of
Fremont, 144 Cal. App 4°i 533 (1 Dist. 2006). In Wolfe, the Court of Appeal found that a city
manager's individual meetings with city council members to discuss a new policy that was later the
subject of a council meeting did not violate the Brown Act's implied prohibition of serial meetings.
The Court held that the Brown Act is violated by such meetings only if (I)the city official acts as
a personal intermediary between legislative body members during these meetings, and (2) the
meetings are used by a majority of the legislative body to develop a"collective concurrence." This
decision was widely criticized as undermining the Brown Act.
After the Wolfe decision, State Senator Gloria Romero introduced SB 964,a bill similar to SB 1732,
aimed at overturning the appellate opinion. SB 964 was intended to prohibit a majority of members
of a legislative body from using a series of communications of any kind, directly or through
intermediaries, to discuss, deliberate or take action on any item of business within the legislative
body's subject matterjurisdiction. SB 964 also provided that when members of a legislative body
are authorized to access a writing of the body or of the agency in administering their duties, a local
agency shall not discriminate between or among the members of the legislative body as to which
writing or portion of a writing is made available or when it is made available, and would prohibit
a local agency from charging a fee to a member of the legislative body to inspect or obtain a copy
of that writing.
SB 964 was passed by the Legislature, but vetoed by the Governor. In his veto message, the
Governor said,"This bill imposes an impractical standard for compliance on local officials and could
potentially prohibit communication among officials and agency staff outside of a public meeting."
The Governor urged legislators to "consider legislation next year that more judiciously addresses
the problem of serial meetings that result in public policy decisions."
In response to the Governor's concerns, SB 1732 has an added provision specifying that the serial
meeting prohibition does not prevent a District employee or official from communicating outside
of a Brown Act meeting with separate members of the Board for the purpose of answering questions
or providing information on an item of agency business. This type of communication is not
prohibited as long as the employee or official does not communicate the comments or position of
any of the members of the Board to each other. In this way, the law prevents the members of the
Board from using an intermediary to "discuss" an item of business with each other outside of a
public meeting.
SB 1732 also prohibits a local agency from discriminating among members of legislative body with
regard to accessing a writing of the body or agency. This provision was enacted in response to
concerns that local agencies may distribute writings onlyto some members of their legislative bodies
and not to others,or ask some members to pay for copies of writings they provide to other members
Without charge.
-6-
A MEETING IS NOT:
■ Individual contacts between a Board member and any other person.
■ Attendance of a majority of the members of the legislative body at conferences and similar
gatherings open to the public to discuss issues of general interest, so long as the members
do net discuss among themselves,other than as part of the scheduled program,business of
a specific nature within the agency subject matter jurisdiction.
■ Attendance of a majority of the members of the legislative body at open and publicized
meetings organized by persons other than the local agency to address a topic of local
community concern, so lone as the members do not discuss among themselves business of
a specific nature within the agency's subject matterjurisdiction other than as part of the
scheduled program.
■ Attendance of a majority of the members of the legislative body at an open and noticed
meeting of another body of the local agency,or ofa legislative body of another local agency,
so lone as the majority of the members do not discuss among themselves business of a
specific nature within the agency's subject matter jurisdiction, other than as part of the
scheduled meeting. Thus,a Board majority may attend a City Council meeting,but may not
discuss District business.
■ Attendance of a majority of the members of the legislative body at purely social or
ceremonial occasions, so lone as the members do not discuss among themselves business
of a specific nature within the agency's subject matter jurisdiction.
■ Attendance of a majority of the members of the legislative body at an open and noticed
meeting of a standing committee of that body,so lone as the members of the legislative body
who are not members of the standing committee attend only as observers.
■ Circu ation ofa memorandum or letter from the Agency's attorney to each Board member.
■ CAVEAT: If you are in doubt as to whether a function is or is not a"meeting" under the
Brown Act, it is advisable to provide public notice of the function in accordance with the
agenda and posting requirements of the Brown Act.
Sources: Gov. Code §§ 54952.1; 54952.2(a)and (b); 54954.1, 54952.2; 54954.3)
`"" -7-
RULES FOR MEETINGS
■ Meetings cannot be held in any facility which is inaccessible to the disabled; which discriminates
on the basis of race,religion,color,national origin,ancestry,or sex;or which requires that the public
make payment or purchase in order to be present.
• Regular and special meetings of the legislative body, including workshops and retreats, must take
place within the boundaries of the local jurisdiction.
• Exceptions to the location requirement include:
(1) To comply with state or federal law or court order.
(2) To attend a judicial or administrative proceeding to which the local agency is a
party.
(3) To carry out inspections of real property or personal property which cannot be
conveniently brought into the local agency's jurisdiction.
(4) To attend meetings and discussions on matters ofnwlti-agency significance,so long
as the meetingtakes place in fl ejurisdiction of one ofthe participating agencies and
is properly noticed by all of them.
(5) If the local agency has no meeting facility within its boundaries,the meeting may
take place outside the jurisdiction at the nearest available facility,or at the principal
office of the legislative body if it is located outside ofthe jurisdiction.
(6) To attend meetings with State or Federal officials solely to discuss a legislative or
regulatory issue affecting the local agency and over which the Federal or State
officials have jurisdiction, if a local meeting would be impractical.
(7) To attend meetings in an out-of-jurisdiction facility owned by the agency if the
topic of meeting is limited to items directly related to the facility.
(8) To attend closed session on pending litigation at the offices of the local agency's
legal counsel, if it would reduce legal fees or costs.
• A joint powers authority must meet in the territory of at least one of its members, or as provided in
the exceptions listed above. Statewide joint powers authorities may meet at any facility in the State
so long as the facility is accessible to the disabled,the facility does not discriminate,and the facility
does not require the public to make a payment or purchase to be present.
• In emergencies, such as fire, flood, or earthquake, meetings shall be held in the location designated
by the presiding officer ofthe legislative body as in the notice to the media by"the most rapid means
of communication available at the time."
■ Audio or video teleconferencing to receive public comment, testimony, to deliberate, or even
conduct a closed session, is allowed. There are a number of specific requirements:
(1) At least quorum ofthe legislative body must participate from locations within the
local agency's jurisdiction, but additional teleconferencing locations may be made
available for the public.
- 8 -
(2) Each teleconference location must be accessible to the public.
(3) The notice and agenda of the meeting must identify each teleconference location.
(4) An agenda must be posted at each teleconference location.
(5) Public opportunity to address the legislative body must be provided in the agenda.
(6) All votes must be by rollcall.
■ The legislative body is prohibited from taking action by secret ballot, whether preliminary or final.
■ Members of the public may not be required,as a condition to attendance at a meeting of a legislative
body of a local agency, to register his or her name, to provide other information, to complete a
questionnaire. or otherwise fulfill any condition precedent to his or her attendance.
■ 11'an attendance list, register, questionnaire, or other similar document is posted at or near the
entrance to the room where the meeting is to be held, or is circulated to the persons present during
the meeting, it must clearly state that the signing, registering, or completion of the document is
voluntary,and that al I persons may attend the meeting regardless of'whether a person signs,registers,
or completes the document.
■ Any person attending an open and public meeting of a legislative body of a local agency must have
the right to record the proceedings with an audio or video tape recorder or a still or motion picture
camera in the absence of a reasonable finding by the legislative body of the local agency that the
recording cannot continue without noise, illumination, or obstruction of view that constitutes, or
would constitute, a persistent disruption of the proceedings.
■ No legislative body ofa local agency shall prohibit or otherwise restrict the broadcast of its open and
public meetings in the absence of a reasonable finding that the broadcast cannot be accomplished
without noise, illumination, or obstruction of view that would constitute a persistent disruption of
the proceedings.
(Sources: Gov. Code f§ 54953; 54953.3; 54953.5-154953.6; 54954; 54961)
�r
-9-
NOTICE AGENDA AND PUBLIC COMMENT REQUIREMENTS
■
The agenda,
documents, at the agenda
theeagendayis posted for such mleeting,norpupo irdistribution tosalll,, or la
majority, of the members of the legislative body, whichever occurs first.
■ Senate Bill 343 amended Government Code Section 54957.5 to require that any writing that(a) is
a public record not exempt form disclosure under Government Code Sections 6253.5,6254. 6254.3,
6254.7, 6254.16 or 6254.22, (b) relates to an agenda item for an open session of a regular meeting
of the Board, and (c) is distributed less than 72 hours before that meeting, be made available for
public inspection at a public office or location designated by the local agency at the time the writing
is distributed to all or a majority of all of the members of the Board. The bill also authorizes the
agency to post such a writing on the agency's website. This legislation became operative on July
I,2008. Thus,a local agency is not prohibited from presenting any new materials to the Board that
were not included in the original agenda packet; rather, any such new "writings" must be made
available to the public at the same time that they are made available to the Board.
■ Agency agendas,agenda packets,and other writings distributed to members of the legislative body
must be made available in appropriate alternative formats to persons with a disability so as to
provide such individuals with equal access to public meetings and decision making and to ensure that
communications with members of the public with disabilities are as effective as communications
with others.
IN Agency agendas shall contain a brief general description(which need not exceed twenty words)of
each item of business to be transacted or discussed at the meeting, including items to be discussed
n closed session. Agendas must specify the time and location of the meeting and be posted in a
location that is freely accessible to the public and on the agency's website, if the agency has one.
• The time and place for regular meetings of legislative bodies must be set by ordinance, resolution,
or other formal rule.
• Posting of the agenda for a regular meeting must occur at least 72 hours before a regular meeting.
IN A special meeting may be called by the presiding officer of the legislative body or a majority of the
members, subject to the following requirements:
(1) Written notice must be delivered to each member of the legislative body, unless the
board member has previously given a written waiver of such notice or who is
present at the time the legislative body convenes the special meeting.
(2) Written notice must be delivered to each local newspaperof general Circulation and
radio or television station that has previously requested such notice.
(3) The written notice must be delivered personally or by any other means so that is
received and duly posted at least twenty-four(24) hours prior to the mecting.
(4) The notice must specify the time and place of the special meeting and the business
to be transacted. No other business may be considered at a special mecting.
■ Emergency meetings may be held without complying with the 24-hour notice requirement or the 24-
hour posting requirement for special meetings, if there is an emergency situation (i.e., work
stoppage, crippling activity, or other activity that severely impairs public health, safety, or both)
where prompt action is necessary due to the disruption or planned disruption of public facilities.
- 10-
(1) Telephonic notice must be given by the presiding officer or his/her designee at least
one hour before the meeting to any local newspaper of general circulation and radio
and television stations which have previously requested such notice,or,in the event
of a dire emergency (i.e., a crippling disaster, mass destruction, terrorist act, or
threatened terrorist activity that poses immediate and significant peril), at or near
the time the presiding officer notifies the members of the legislative body of the
emergency meeting.
(2) The telephone notice is waived if telephone services are not functioning, but the
presiding officer shall notify the newspapers and radio and television stations of the
fact of the holding of the emergency meeting, its purpose and any action taken, as
soon after the meeting as possible.
(3) A legislative body holding an authorized emergency meeting may meet in closed
session if agreed to by a 2/3 vote of the Board members present,or, if less than 2/3
of the members are present, by a unanimous vote of the members present.
(4) All other special meeting requirements apply to emergency meetings except the 24-
hour notice requirement.
(5) As soon as possible after the meeting, the minutes, list of the persons notified or
attempted to be notified,the record of the rollcall vote,and any actions taken,shall
be posted for a minimum of ten (10) days in a public place.
• A legislative body of a local agency may adjourn a regular or special meeting to a time and place
specified in the order of adjournment. Less than a quorum, or, if there is no member of the
legislative body present, the clerk or secretary, may adjourn such meetings.
(1) No new agenda need be posted if the meeting is adjourned for less than five
aw calendar days, so long as no new item of business is introduced.
(2) A copy of the order of adjournment must be posted at or near the door of the
meeting place, within 24 hours after the adjournment.
• A hearing being held by a legislative body of a local agency can be continued to a subsequent
meeting in the same manner as adjournments of meetings. If the hearing is continued to a time less
than 24 hours later, a copy of the order or notice of continuance must be posted immediately.
• The general description of each agenda item generally need not exceed twenty (20)words.
• Agendas for each meeting must include information regarding how, to whom, and when a request
for disability-related modification or accommodation, including auxiliary aids or services, may be
made by a person with a disability who requires a modification or accommodation in order to
participate in the public meeting.
• The agenda must list all items to be discussed in closed session.
• No action or discussion may take place on items not agendized.
■ Exceptions to the prohibition on discussion or action on an item that is not agendized include:
(1) Members ofthe legislative body or its staffmay make brief responses to statements
made or questions raised by members of the public.
(2) A member of the legislative body or its staff may ask questions for clarification,
make a brief announcement, or make a brief report on his/her own activities.
I I
(3) A member of the legislative body or the body itself, subject to its rules and
regulations, may provide reference to staff or other resources for factual
information, request staff to report back at a subsequent meeting, or to take action
to direct staff to place a matter of business on a future agenda.
(4) Members of the legislative body may direct staff to place a matter of business on
a future agenda.
(5) In the event of an emergency, as determined by a majority vote of the legislative
body. An emergency is defined to include (a) a work stoppage or other activity
which severely impairs public health,safety or both;or(b)crippling disaster which
impairs the public health, safety or both.
(6) If the legislative body determines, by 2/3 vote of members (or unanimous vote if
less than 2/3 present)that there is immediate need for action and need came to local
agency's attention after the agenda was posted. Under such circumstances, the
legislative body must first take action to authorize, by the requisite 2/3 vote,to add
the item to the agenda;and only thereafter may the legislative body then discuss and
take action on the newly-agendized item.
(7) If the subject matter was previously posted at a duly-agendized meeting occurring
not more than five calendar days prior to the date that the action is to be taken, and
the item was duly continued from the prior meeting to the present meeting.
• The legislative body must publicly identify each item prior to discussing any such item on the
agenda. The legislative body need not identify any victim or alleged victim of tortiOU5 sexual
conduct or child abuse unless the identity of the person has been publicly disclosed.
• Members of the public must be allowed an opportunity on the agenda to directly address the
legislative body.
(1) At regular meetings, the public may directly address the legislative body on any
item of interest that is within the body's subject matter jurisdiction; at special
meetings,the public may directly address the legislative body on any item listed on
the agenda.
(2) If the item appears on the agenda,the public must be permitted to comment before
or during the legislative body's consideration.
(3) Ifthe item is not on the agenda,no discussion by the legislative body may occur and
no action may be taken on that item unless it meets one of the exceptions to non-
agendized items.
(4) The legislative body is not required to allow public comment on an item that was
already considered at a public meeting ofa committee comprised exclusively ofthe
members of the legislative body, if all members of the public were given an
opportunity to comment on that item at the committee, so long as the item has not
been substantially changed.
(5) The legislative body may impose reasonable time limits on public comment.
(6) The legislative body shall not prohibit public criticism of the policies, procedures,
programs or services of the legislative body.
(Sources: Gov. Code §§ 54952.1; 54952.2; 54954.1; 54952.2; 54954; 54954.3; 54956; 54956.5; 54961)
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CLOSED SESSIONS
■ Closed sessions are an exception to the rule that all business of the legislative body must be
conducted in the open.
■ Provisions authorizing closed sessions in the Brown Act are narrowly construed in favor of
disclosure.
■ The Brown Act limits what types of matters may be discussed in closed session, what information
must be provided on the agenda,and what information must be provided regarding the closed session
after-the-fact.
■ Pendin Lg itiiz ation. The Brown Act authorizes closed sessions on the basis of"pending litigation"
in situations when litigation has been formally initiated to which the local agency is a party;or when
the legislative body determines, based on existing facts and circumstances,that there is significant
exposure to IiNgation or that litigation should be initiated.
"Litigation"includes any adjudicatory proceeding before a court,administrative bodv exercising its
adjudicatory authority, hearing officer, or arbitrator.
"Existing facts and circumstances" are limited to the following situations:
(1) Facts and circumstances exist which are not yet known to a potential plaintiff,that
might result in litigation against the agency. Disclosure of information prior to or
after the closed session is not required.
(2) Facts and circumstances exist which are known to potential plaintiff,and that might
400 result in litigation. Disclosure must be included on the agenda or publicly
announced.
(3) Receipt of tort claim threatening litigation. The claim must be available for public
inspection.
(4) A statement made in an open and public meeting threatening litigation.
(5) A statement threatening litigation made outside open and public meeting, on a
matter within agency's jurisdiction, if the official or employee has made a
contemporaneous record prior to the meeting. The record must be available for
public inspection (except that the identity of an alleged victim of an unlawful or
tortious sexual conduct or the person making the threat need not be disclosed unless
the identity of the person has already been publicly disclosed).
(6) If, based on existing facts and circumstances, the local agency has decided, or is
deciding, whether to initiate litigation.
■ Lin and Personnel Matters. Under the Brown Act,a closed session may be used to consider
the appointment, employment, evaluation of performance, discipline, or dismissal of a public
employee, or to hear complaints or charges brought against an employee by another person.
(1) Prior to any closed session to hear complaints or charges brought against an
employee by another person,the employee must be given written notice of his/her
right to have complaints heard in open session,at least 24 hours prior to the session.
If the required notice is not given, any disciplinary action or other action taken
against the employee will be null and void.
13 -
(2) An "employee" includes officer or independent contractor who functions as an
employee, and does not include elected officials, members of legislative bodies,or
other independent contractors. If the individual is not an employee, the hearing
must be held in open session.
(3) The attorney general has issued an opinion that if charges and complaints are not
pending,closed sessions to simply discuss an employee's performance are allowed.
It also appears that the legislative body's deliberations on complaints or charges
about employees may be held in closed session (as distinct from holding a hearing
on the charges or complaints).
(4) Closed sessions are not permitted to discuss overall or across-the-board procedures
for evaluating employees,classifications,salary structure,salary ranges,and similar
issues, which do not involve a specific individual.
(5) Closed sessions held pursuant to this section must not include discussion or action
on proposed compensation except for a reduction of compensation that results from
the imposition of discipline. Although the amount of any proposed increase in an
employee's compensation may not be considered in closed session,the employee's
job performance may be discussed in closed session, including the threshold
decision of whether the employee should receive a raise.
(6) CAVEAT: The Board may be restricted as to the circumstances under which
employee performance(other than that of the General Manager)may be discussed
in closed session, where the General Manager has been vested with the exclusive
right to hire, discipline, and dismiss agency employees.
■ Real Estate Negotiations. The Brown Act authorizes closed sessions with its real estate negotiator
prior to the purchase,sale,exchange,or lease of real property by or for the agency,to grant authority
to the negotiator regarding price and terms of payment.
Prior to the closed session, the legislative body must identify in public (a) its negotiator
(who may be a member ofthe legislative body itself),(b)the real property about which the
negotiations concern, and (c)the persons with whom the negotiator may negotiate.
■ Labor Negotiations. The Brown Act authorizes closed sessions to allow the legislative body to meet
with its labor negotiator regarding discussions with employee organizations and unrepresented
employees on salaries and fringe benefits.
(1) Prior to the closed session, the legislative body must identify in public its labor
negotiator.
(2) In the closed session, the legislative body may(a) review its position, (b) instruct
its negotiator regarding the conduct of labor negotiations for present or prospective
employees,and (c) may approve an agreement concluding labor negotiations with
its represented employees. This may include salaries, salary schedules,and fringe
benefit,as well as available funds and funding priorities so long as the issues relate
to instructions to the designated negotiator.
(3) The legislative body cannot take final action on the proposed compensation for one
or more unrepresented employees in closed session.
(4) The legislative body cannot discuss or set the salary of a specific employee in
closed session (unless such action is taken as a form of disciplinary action).
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■ SeCUrit . The Brown Act authorizes closed sessions to allow the legislative body to meet with the
Attorney General, district attorney, agency counsel, sheriff or chief of police, or their respective
deputies, or a>ecurity consultant or a security operations manager,on matters posing a threat to the
security of public buildings, essential public services (including water, drinking water, and
wastewater treatment), or the public's right of access to public services or facilities.
■ Audit Report s,. The legislative body of a local agency may hold a closed session to consider its
response to a confidential final draft audit report from the Bureau of State Affairs,unless the report
has been publicly released or is exempted from that requirement by some other provision of law.
■ Pension fund Investments. The legislative body of a local agency that invests pension funds may
hold a closed session to consider the purchase or sale of particular and specific pension fiord
investments, and to make such decisions by rollcall vote entered into the minutes of the closed
session and disclosed at the first open meeting of legislative body held after the earlier of the close
of the investment transaction or the transfer of pension fund assets for the investment transaction.
■ Prior to commencing a closed session, the legislative body must announce the subdivision of the
statute under which the closed session is being held, and provide the information mandated by the
Brown Act.
■ Anv action taken in closed session, including the vote or abstention of each member, must be
publicly disclosed at the same public meeting after the closed session, in accordance with the
following requirements:
(1) Real estate negotiations: Report any approval and substance of any agreement if
final approval was given by legislative body(if final approval must be provided by
other party, disclose upon inquiry once approval has been obtained).
(2) Approval to legal counsel to defend, seek, or refrain from appellate review, file
amicus brief in litigation: Report adverse party and substance of litigation.
(3) Approval to initiate or intervene in legal action: Disclose decision and that
substance and defendants will be disclosed upon inquiry after formally commenced
unless disclosure would jeopardize service of process or the conclusion of existing
settlement negotiations to its advantage.
(4) Approval to legal counsel to settle pending litigation after settlement is final:
Report acceptance of settlement offer signed by other party and identify substance;
disclose upon inquiry other settlements after final approval by other party or court.
(5) Disposition of tort claims: Disclose name of claimant,agency,substance,monetary
amount approved and agreed upon.
(6) Action taken on employment status of any public employee: Disclose position title
and any change in compensation; toll disclosure of d ism issal/nonrenewal of
employment contract until exhaustion of administrative remedies.
(7) Labor negotiations: Report after agreement final and accepted or ratified by other
party(including item approved and other party/ies).
■ Writings distributed during public meetings, must be made available for public inspection at the
meeting if prepared by the local agency or a member of its legislative body. If prepared by someone
else, writings roust be available after the meeting. CAVEAT: Documents prepared by the attorney
for the legislative body are still protected by the attorney-client privilege even if distributed to the
members of the legislative body.
AW - 15 -
■ The efforts of local agencies to post agendas of regular meetings and to publicly report on actions
taken in closed session are within the scope of Section 3(b)(1) of Article 1 of the California
Constitution,such that the Commission on State Mandates must reconsider its test claim statements
of decision on whether compliance with the statutory requirements constitute a reimbursable
mandate in light of federal and state court decisions rendered since those statutes were enacted.
■ If the closed session action results in substantive changes to writings, which require retyping,then
release of documents may be postponed until retyping has been completed during normal business
hours, but the presiding officer or designee must summarize changes for any requestor present.
■ Government Code Section 54954.5 contains sample language which the State Legislature has
determined will meet the mandate of the Brown Act for properly identifying closed session items
on the legislative body's agenda and provide a "safe harbor" from legal attacks based upon such
grounds.
(Sources: Gov. Code §§ 54954.2; 54954.5; 54956.75; 54956.8; 54956.81; 54956,86; 54956.9; 54956.95;
54957; 54957.1; 54957.5; 54957.6; 54957.7)
- I6 -
" LIABILITY FOR VIOLATIONS
■ Possible criminal penalties.
It is a misdemeanor for any member of the legislative body to attend a meeting where action
is taken in violation of the Brown Act"where the member intends to deprive the public of
information to which the member knows or has reason to know the public is entitled."
■ The District Attorney as well as any interested person may pursue a civil action to restrain violation
of the Brown Act.
(1) The action may be brought(a)to prevent violations or threatened violations of the
Brown Act, (b) to determine the applicability of the Brown Act to actions or
threatened future actions, (c) to determine whether any rule or regulation of the
legislative body to penalize or discourage the expression of one or more of its
members is in violation of the law, or (d) to obtain a court order to require tape
recording of closed sessions.
(2) The court may order the legislative body to tape record its closed sessions and
preserve tape recordings for a specified period and under such terms of
confidentiality as ordered by the court.
■
The District Attorney as well as any interested person may pursue a civil action to determine that
an action by vie legislative body is null and void.
" ■ Prior to commencing the action, the DA/interested person must first make written demand to the
legislative body to cure or correct the violation.
(1) The demand must be made within 90 days from the date the action was taken.
However, if the action was taken in open session in violation of Government Code
§ 54954.2 [agenda requirements], the demand must be made within 30 days from
the date the action was taken.
(2) The legislative body has 30 days from receipt of the demand to cure or correct the
violation or inform the demanding party of its decision not to cure or correct the
challenged action.
(3) the demanding party must file his/heraction within 15 days ofthe expiration of the
30-day period,or within 15 days of the decision to cure or correct,whicheveroccurs
earlier.
■ No action wir- be determined to be null and void if.
(1) The action taken was in substantial compliance with the Brown Act.
(2) The action was taken with regard to the sale or issuance of notes, bonds, and other
indebtedness.
(3) The action taken gave rise to a contractual obligation (other than compensation for
services in the form of salary or fees for professional services),upon which a party
has in good faith and without notice of challenge, detrimentally relied.
17-
(4) The action taken was in connection with collection of a tax.
(5) The challenging party had actual notice of the item of business at least 72 hours
prior to the meeting (if noticed as a regular meeting), or 24 hours prior to the
meeting at which the action was taken (if noticed as a special meeting), or prior to
an emergency meeting.
(6) No action taken to cure or correct violation shall be construed or admissible as
evidence of a violation.
• The court may award the plaintiff attorneys fees and costs if it is determined that the legislative body
violated the Brown Act. The court may award costs and attorneys' fees to a local agency if it finds
that the lawsuit was entirely lacking in merit and was clearly frivolous.
• Any public official who attends a closed session of the District is prohibited from disclosing
confidential information acquired by being present in the closed session to any person not entitled
to receive it, unless the Board of Directors, by a majority vote, has authorized the disclosure of that
confidential information. The following remedies for a violation of this prohibition are available
under the Brown Act:
(1) Injunctive relief to prevent disclosure of confidential information.
(2) Disciplinary action against employees who "willfully" disclose confidential
information. "willful"misconduct by an employee requires that the employee have
first received training/education regarding the requirements of the section.
(3) Referral of any violator who is an elected official to the grand jury.
• A local agency is prohibited from taking any action against a person who makes a confidential
inquiry or complaint to a District Attorney or grand jury concerning a perceived violation of the
Brown Act, expresses an opinion concerning the propriety or legality of actions taken in closed
session, or discloses non-confidential information acquired in closed session.
(Sources: Gov. Code §§ 54959; 54960, 54960.1; 54960.5; 54963)
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CA Codes (wat:30520-30530) Page 1 of 1
30529 . ALL legislative sessions of the board shall be public .
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30530 . The board shall establish rules for its proceedings .
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30521 . The board shall :
(a) Provide for the time and place of holding its regular
rieetincs .
(b) Provide for the manner of calling special meetings .
fl.
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30524 . A majority of the board shall constitute a quorum for the
transaction of business .
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30523 . The board shall act only by ordinance, resolution, or
mction .
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30525 . No ordinance, resolution, or motion shall be passed or
become effective without the affirmative votes of at least a majority
of the members of the board.
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30590 . (a) The board shall, at its first meeting or as soon
thereafter as practicable, appoint by a majority vote a general
manager and a secretary.
(b) The board shall also, by majority vote, do either of the
foLlowing:
( 1) Appoint an auditor or treasurer to carry out the duties
requited by Section 30582 and other duties required by the board.
(2) Retain art auditor as an independent contractor, other than the
auditor or treasurer appointed pursuant to paragraph ( 1) , to conduct
an annua:L audit of the district ' s books, records, and financial
affairs .
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30541 . A director shall not be the general manager, secretary,
treasurer, or auditor.
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x',0542 . The general manager, secretary, treasurer, and auditor shall
each receive the compensation determined by the board and shall
serve at its pleasure .
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30543 . The same person may serve as general manager and secretary,
secretary and auditor, or secretary and treasurer.
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;0599 . The board may at any time appoint or employ and prescribe
the authorities and duties of other officers, employees, attorneys,
N and engineers necessary or convenient for the business of the
district, each of whom shall serve at the pleasure of the board.
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30575 . The board is the governing body of the district .
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30576 . The powers of districts enumerated in this division shall,
except as therein otherwise provided, be exercised by the board.
MW
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30578 . The president shall :
(a) Sign all contracts on behalf of the district .
(b) Perform other duties imposed by the board .
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30579 . The secretary shall :
(a) Countersign all contracts on behalf of the district .
(b) Perform other duties imposed by the board.
=uw
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30579 . 5 . Notwithstanding the provisions of subdivision (ai of
Section 30578 and subdivision (a) of Section 30579, the board may
alternatively authorize, subject to such limitations and conditions
as it may determine, the execution of contracts on behalf of the
district by another officer or officers of the district .
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0580 . The general manager shall :
(a ) Have full charge and control of the maintenance, operation,
and construction of the water works or water-works system of the
iistri.ct .
(b) Have full power and authority to employ and discharge all
employees and assistants at pleasure .
(c) Prescribe the duties of employees and assistants .
(d) Fix and alter the compensation of employees and assistants
subject to approval by the board.
s�
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30581 . The general manager shall also :
(a) Perform other duties imposed by the board .
(b) Report to the board in accordance with the rules and
regulations as it adopts .
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30582 . If the hoard appoints an auditor or treasurer pursuant to
Section 30540, the auditor or treasurer shall install and maintain a
,. >ystem of auditing and accounting that shall completely and at all
i..imes show the financial condition of the district .
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ORDINANCE NO. 382
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE EAST VALLEY WATER DISTRICT
ESTABLISHING GUIDELINES FOR THE
CONDUCT OF ITS PUBLIC MEETINGS AND ACTIVITIES
WIIERPAS, the Board of Directors of the Past Valley Water District finds as follows:
A. The Last Valley Water District(°thc District") is a county water district organized and
operating pursuant to California Water Code Section 30000 et seq.
B. The District is governed by an elected Board of Directors ("the Board") whose
meetings are subject to the requirements of the Ralph M. Brown Act, California Government Code
Section 54950 et seq- ("the Brown Act").
C. The Board is authorized by Government Code Section 54953.7 to impose
requirements upon itself which allow greater access to its meetings than prescribed by the Brown
Act.
D. ]'he purpose of this ordinance is to ensure that the Board's deliberations are open to
the public to the Fullest extent permitted by law and its activities are performed in a manner that
rellect a dedication to the highest standards of integrity and accountability so as to continue to earn
die trust and confidence of the public served by the District.
T11PRErORE, TILE BOARD OF DIRECTORS of the East Valley Water District does
hereby adopt and ordain as follows:
Section 1. PUBLIC ACTIVITIES.
To the extent not otherwise inconsistent with applicable law or any existing or future
ordimmces. resolutions, rules, regulations, or particular practices of the District, the Board hereby
adopts as a matter of general policy the BoardNorms and Procedures attached hereto as Exhibit"A"
1
and incorporated herein by this reference. All amendments to such Bourel Norms as
may be approved by the Board in the future are also hereby automatically incorporated hefCln by this
reference as of the time that such amendments are duly adopted by the Board.
Section 2. PUBLIC MEETINGS.
2.1. Statutory Requirements. All meetings ofthe Board and all committees thercol'shall
he conducted in compliance with all applicable requirements of the Brown Act.
2.2. Additional Requirements.
2.2.1 . Regular Meetings. Pursuant to Government Code Section 54954(x), all
regular meetings of the Board shall be held at 5:30 p.m. on the second and lourth Wcdncsdays of
each month at the District offices located at 3694 Highland Avenue, Suite 1130, 1 lighland, California.
2.2.2. Special Meetings. Special meetings of the Board shall be called and
conducted in accordance with Government Code Section 54956. The Board shall not add any non-
agendized item to the agenda of a special meeting. Further, no agenda fora special meeting shall
provide an opportunity for the Board to consider the possible addition ofany non-agendized item to
the agenda.
2.2.3. Agendas. The agendas of all Board meetings and all committee meetings that
are open to the public shall be posted in the following locations: (1) an exterior bulletin board
located outside the District headquarters which is accessible twenty-four(24) hours a day; (2)on-line
Lit the District's website known as "eastval ley.org'; and (3) an interior bulletin board located in the
lobby of the District headquarters.
Section 3. REVIEW OF ORDINANCE.
At times deemed appropriate by the Board, the Board shall review this ordinance to
determine its effectiveness and the necessity for its continued operation. The District's General
2
Manager shall report to the Board on the operation of this ordinance, and make any
reronnnendations deemed appropriate, including proposals to amend the ordinance. Upon
conclusion of its review, the Board may take any action it deems appropriate concerning this
ordinance.
Section 4. SEVERABILITV.
Ifany provision ofthis ordinancc, or the application thereof to any person or circumstances,
is held invalid, such invalidity shall not affect other provisions or applications of this ordinance
which can tie given effect without the invalid provision or application, and to this end the provisions
()['this ordinance are declared to be severable.
Section 5. EFFECTIVE DATE.
The provisions of this ordinance shall supersede Ordinance No. 380 adopted by the Board on
April 12, 201 1, and shall take effect immediately upon adoption.
Adopted this 24°i d:Ay of January, 2012.
ROLL CALL
Ayes: Coleman, Le Vesque, Morales, Sturgeon, Wilson
Noes: None
Abstain: None
Absent: None
L4ttttLeVesq6tie
President, Board of Directors
I, John J. Mura,do hereby certify that this
is a true an rrect co f the record.
Secretary, Board of Dir ctors JOHN J. MURA, Secret to the Board
cast Valley Water Distric
3
i
- _� — w�yww'- �fyff�yYft„♦ rff,.,.rs f • f:. �
BOARD NORMS AND PROCEDURES
GENERAL
t. To take courageous action when necessary to ]seep the EVWD a progressive, well
managed, innovative District.
. Board of Directors provides leadership and participates in regional, state and
national programs and meetings.
;. Board of Directors looks to Constituents and other elected officials for
independent advice.
4. Other community leaders are consulted in the decision- making process when
�. appropriate.
,. There can be extensive citizen participation and work on District programs.
6. There are numerous meetings, other than regular Board of Directors meetings.
7. We stress i raining for staff and Board of Directors.
8. Board of Directors will inform the General Manager's Administrative Manager
when they will be out of town as early as possible.
q. Board of Directors get the same information as much as possible: citizen
complaints, letters, background, etc., in a timely manner.
[43.Board of Directors members will each determine specific routine information
thev want to receive such as Committee or City Agendas.
r n. Return unwanted reports and documents to staff for distributing to the public or
for recycling.
rct.'rhe Board of Directors may ask General Manager or designee for information,
providing such information requests can be reasonably accommodated without
significant interruption in staff work load. The General Manager shall not be
required to copy all Board Members with information obtained by other Board
Members.
fVWD- Board of Directors Nouns nod Procedures
13.All project assignments requested by Board Members shall be directed through
the General Manager. The General Manager may place project items on the
agenda if the project requires Board policy direction or approval to be
implemented.
14.Items of significant expenditure of time/energy or financial impact must go to
Board of Directors/General Manager to be agendized.
15.The General Manager receives formal work direction from the Board of Directors
at public meetings or in closed session. Individual Board Members may not
delegate formal work direction to the General Manager without approval by the
rest of the Board of Directors.
16.The General Manager or Board President can request an item be placed on the
agenda.
17.Read Committee Minutes in order to find out what is being worked on.
i8.General Manager will discuss significant future Agenda topics with Board
Members.
i9.General Manager will meet regularly with Board President on Agenda
preparation.
2o.Board of Directors (minority side on vote) can not bring item back for one year;
majority can bring it back at will.
21.Board Members will do their homework (i.e., Read packets, complete committee
work, etc.).
22.General Manager to give routine updates to Board of Directors.
130ARD OF DIRECTORS'VALUES
23.The Board of Directors and General Manager are a participatory team.
24.Board of Directors values high energy, open mindedness, and is achievement-
oriented.
25.Board of Directors will care and have respect for each other.
26.Board of Directors will be straightforward, with no hidden agendas.
27.District Board of Directors values humor.
28.Traditions are respected.
29.No member of the Board of Directors shall use his or her position of public
service with the District as a means to benefit his or her personal or private
interests.
130ARD OF DIRECTORS INTERACTION AND COMMUNICATION
2 of R
EVWD— Board of Directors Norms and Procedures
;,3o.individuals are responsible to initiate resolution of problems A.S.A.P. and riot let
them fester.
;i.Board of Directors will not direct personal attacks at each other during public
meetings, in the press, or any other place/time.
;2.Relationships are informal, but not casual in public. Business attire at Board
meetings is appropriate.
3.Board of Directors will be cooperative in covering for each other.
34.Substantive Board of Directors/General Manager items are to receive advance
notice and public notification.
3 5.Conunittee areas belong to the whole Board; they are not seen as territorial.
;G.Committees are responsible to keep the rest of the Board Members informed;
and other members are responsible for letting the Committee know if they want
more information or to give input.
37-Before Elected officials start moving in a new direction, they will get direction
from the rest of the Board Members.
;8.The Board President forms Committees or disbands and is responsible for
selection.
;().Committee reports will be made under Board Reports, when appropriate.
40.Committee summaries will be sent on an interim basis to update other Board
members on:
o Issues being discussed
o Options being considered
o Progress
41.Board of Directors and Committees will give clear and focused communication
promptly.
42.if Committee and Staff disagree, it is the practice to bring the issue to full Board
of Directors.
1T0.1RD INTI:I:ACTION AND COMMUNICATION WITH STAPT
Gen ral M-ana er
43.Board of Directors will provide annual goals to provide direction to the General
Manager at the time of the annual evaluation.
L4.Board Members should always feel free to go to the General Manager and vice
versa.
3o[ 8
EVWD- Board of Directors Norms and Procedures
45•When a Board Member is unhappy about a department or issues, he/she should
always talk it over with the General Manager not the Department Head or other
Board members.
46.Concerns about a Department Head must be taken to the General Manager or
Board Attorney only.
47-Critical information will be passed to all Board Members by appropriate
personnel.
48.The General Manager will provide ongoing feedback, information, and
perceptions to the Board of Directors, including some response to written
communications requesting feedback.
49.The General Manager deals with issues that cross department boundaries.
5o.Board of Directors will provide the General Manager with a written evaluation
annually and provide some General Manager goals.
Staff in General
51.Board of Directors will always be informed by staff when an unusual event occurs
that the public would be concerned about, i.e., Health Department notice, big
Water breaks, etc. in a timely manner (if press or media is involved).
52.Extr•eme emergencies (i.e., fatalities) are immediately communicated to Board
Members by General Manager or staff.
53.The Board of Directors and staff will not blind side each other in public.
Consideration for each other is our practice.
54. If a Board Member has a question on an agenda item, that member will mal<e
every effort to contact the General Manager or designee prior to the meeting.
Board Attorney
55.Board Attorney shall partner with Board of Directors, General Manager and Staff
when and where appropriate.
56.Board Attorney goes through the General Manager on routine areas.
57.Board Attorney to regularly consult with Board Members on items of concern on
the upcoming agenda at the earliest time possible.
58.Board Attorney can consult directly with General Manager as needed.
J9.13oard Attorney will track Committee's actions, and relevant agendas of Board of
Directors for needed input.
60.Board Attorney must oversee specialist attorneys; they are paid through the
General Manager.
4o18
rVWO— Ooard of oirec[ors Norms and Procedures
fil.Board Attorney to pro-actively inform and protect the Board of Directors from
Potential violations and conflicts.
CIIAIIt SELECTION
62.The Board President's succession is governed by the Board practices.
63.The Board President is selected by the Board of Directors. The Board President
remains as one member of the Board and has no rights or authority different
il•om any member of the Board.
64.1 n the event of an early vacancy in the position of Board President, the Vice
]'resident shall become Board President for the remaining portion of the outgoing
Board President's term as Board President.
CHAIR'S ROLI,
6r..Each Board President is unique; the role is defined by the person, based on that
person's style.
66.The Board President acts as the ceremonial head or representative of the District
at various civic affairs.
67.The Board President is the spokesperson for the Board of Directors when
appropriate media or external organization requests are made.
68.The Board President acts as signatory to all documents requiring Board's
execution.
69.The Board President makes appointments to Ad Hoc and special advisory
Committees.
70.The Board President makes declarations, extends official recognition of groups or
events.
r71.The Board President will inform the Board of any informal correspondence sent
out to anyone in relation to District business.
72.Tbe Board President regularly communicates with the General Manager.
CITIZEN COMPLAINTS
73.Board of Directors will be informed of significant, urgent and repetitive
complaints.
74.Statf will draft responses (letters).
5-Board of Directors shall not attempt to fix Citizens' problems on their own; it will
f,,,,., be referrer to the General Manager.
76.Responses to Citizens are customized.
5 of-9
EVWD— board oJDirectors Norms and Procedures
77-Copies of responses to be included in individual packets or in Board Member's
mail box.
78-if a Board Member wants action based on citizen complaint, they should go
through the General Manager's office.
79.The level of detail in written responses will be selective.
80.Generally, communications are acknowledged with discretion.
PUBLIC MEETINGS
8i.General Manager sets the Agenda for regular Board of Directors meetings.
82.Public continent shall be received on all action items.
83.Board of Directors members will treat everyone with courtesy.
84-Corrections to minutes are passed to the Board Secretary as soon as possible.
85.Each member may share his/her views about the issue and the reasons for
his/her vote.
Consent Calendar
86.There is judicious use of the Consent Calendar, such as minutes, routine District
business, some appeals, things already approved in the budget.
87-If a Board Member has a question on a Consent Calendar item for their
information only, they are to ask staff ahead of time, rather than having it pulled
off for discussion during the meeting.
88.Staff is prepared to report on every agenda item.
Public Input on Individual Agenda Items
89.Once public input is closed, further public input will not be allowed unless re-
opened by Board President.
9o.Citizen's, Board President's and invited guests' comments will be limited to a
reasonable time.
9i.Board President will allow other Board Members to speak first and then give
his/her views vld summarizes.
Public Comment Section of the Agenda
92.Public continents shall be limited to 3 minutes per speaker.
93.Each speaker will be thanked.
6 or8
EVWD— Oeorti of Directoi�Nouns and Piucedu/es
94.Generally, Board Members will not respond to Public Comments except for the
Board President referring matters to the General Manager for follow up.
Occasionally, a quick informational response is appropriate when an obvious
answer is available. The Board of Directors will not debate or make decisions in
response to public comments as they are not agenda matters under
consideration.
Voting
9 5.F.veryone may speak before a motion.
96.Attempts will be made to get consensus on significant policy issues.
)7.'there will be roll call votes on request when a divided Board is obvious.
98.Department beads will generally attend when asked by the General Manager.
99.Board of Directors member discussions will not be redundant if they concur with
what has already been said.
Closed Session
ioo.Closed Session materials and conversations are confidential; Board Members
may retain Closed Session paper documents for analysis; documents must be
destroyed when no longer needed/used. Board Members will get written reports
for Closed Session items as much as possible; these reports are to be turned in at
the end of the meeting.
toi_General Manager may ask for Closed Sessions to be held at the convenience of
the Board.
io2.No violatIon of Closed Session confidentiality; Board Members will not tall(to
affected / opposing parties or anyone else (press, etc.) per the Brown Act at
specific Closed Session meetings.
ro3.Con fidentiality relates to any non-public discussion items.
Special Meetin ,s
104.SPecial meetings may be called by Board President pursuant to the Brown Act.
COMM1I7EES AND BOARDS
io5.Problem solving issues with Committees will be done as much as possible with
Chairs.
1o6.All Committees of Board of Directors should know Board's needs:
• 'Co know Board's vision/mission.
• Encouraged to participate in Board-sponsored events.
• Understanding of their roles/authority/"no--no's."
7 ol'8
EVWO— ltonrd of Olcecfrns Nouns nod Proredures
• To know annual priorities/goals.
• Process/parameters within which to work, i.e., citizen involvement.
• Board of Directors reserves the right to make its own decisions.
107.Board President and Vice President are encouraged to receive annual support
training.
io8.All Board Members will receive annual training.
These Board Norms will be reviewed on an annual basis.
Approved: July 27, 2010
Approved July 27'1�, 2010
8 of8
BOARD AGENDA STAFF' REPORT
Meeting Date: March 28,2012
East Valley
V•/ater District Public Hearing: ❑
Discussion Item: ED
Consent Item: 17-1
March 12, 2012
FO: GOVERNING BOARD MEMBERS
FROM: CHAIRMAN OF THE BOARD
SUBJECT: RE'✓IEW BOARD COMMITTEE ASSIGNMENTS AND JURISTICTIONS
RECOMMENDATION:
Consider possible changes to Board Committee assignments and better define roles of the
established Committees with impute from District Legal Council
BACKGROUND/ANALYSIS:
The Chairman of the EVWD Board of Directors assigns Committee Members on an annual
basis. The Chairman is requesting the full Board of Directors to consider changes to the current
Committee assignments.
It is also requested that the Board consider revisions to the topics that the Personnel Committee
considers after a discussion from District Legal Counsel.
REVIEW BY OTHERS
This agenda item has not by others.
FISCAL IMPACT:
There is no fiscal impact associated with this agenda item.
Recommended by:
Matt Levesque
Chairman of the Board
;4p„
Pagel 1 SRM0079
topEast Valley
Water District
EAST VALLEY WATER DISTRICT
STANDING COMMITTEE STRUCTURE
Finance Committee
The purpose of the Finance Committee is to review, advise and recommend options
to the Board of and the General Manager with regard to financial reports, rates,
revenues, fees, charges, reserve funds, fund transfers, purchasing procedures, the
budget, etc.
Personnel Committee
The purpose of the Personnel Committee is to review, study, advise and recommend
options to the Board and General Manager with regard to personnel matters,
promotions involving salary adjustments, appointments of new positions, employee
disciplinary action review, wage and benefit issues, etc.
Legislative and Public Affairs Committee
The purpose of the Legislative & Public Affairs Committee is to review, study, advise
and recommend to the Board and the General Manager with regard to community
relations, legislation, public relations, press releases, public information, water
conservation, customer communications, etc.
Engineering and Facilities Committee
The purpose of the Engineering and Facilities Committee is to review and study all
engineering-related issues, which includes the District's capital improvement
projects. The Committee shall also review the purchase of property, and disposition
of unused, surplus property. The Committee will also review and study facility
issues,which include such tasks as new District facility design, construction and
remodeling.
c stVa,lley
eEaater District
Board Memorandum No. B-02-2012 Date: March 28, 2012
From: John Vega, Assis-:ant General Manager p'
Subject: District participation in SCE Pump Efficiency Program
Recommendation : Information only.
BACKGROUND/ANALYSIS:
Southern California Edison (SCE) offers utilities a service that provides free Pump Efficiency
Testing. The pump testing is conducted annually with a focus on large energy users such as well
and booster motors. The program is available on a first-come, first-served basis and offers a
limited amount of funding based on meeting a series of program requirements for each individual
pumping facility. Once the initial requirements are met, the utility will submit an Energy
Management Solutions Incentive Application. The application will then need to be approved by
a SCE which will then put each approved facility in line for available incentives.
Payment for incentives are only made after all program requirements are met and the facility
upgrades have been completed. Total incentive payments will not exceed 50110 of the total
project cost and are subject to a calculated savings approach based on the amount of power
consumed, in kilo watt hours (kWh) from the previous year and an estimated amount of kWh
that will be used after realizing the increased efficiency. SCE will then provide the District with
an overall efficiency report and a cost analysis of the energy use.
District staff has been actively involved with the pump efficiency program and have taken
advantage of the free testing services offered by SCE. In 2011, staff identified three (3) pumping
facilities. Plants 125, 142 & 143 that were exhibiting low pump efficiency ratings near 60%. In
response, staff began working closely with SCE to determine the extent of the rehabilitation and
replacement work that would provide the necessary performance improvements to increase
efficiency while meeting the program requirements to receive available incentive funding.
Staff completed the rehabilitation work, for all three sites earlier this year, for a total cost of
$148,000. Not only do these three pumping facilities now have energy efficient equipment, it
will result in less energy consumed and less expense to the District. As a successful applicant in
the SCE program, the District was awarded three individual rebate incentive checks totaling
$54,819. The total project cost of$148,000, less the total rebate incentive of$54,819, resulted in
'm a net cost to the District of$93,181. The new high efficiency equipment is estimated to save as
much as 800,000 kWh annually. At $0.09/kWh, that is an overall annual potential savings to the
Page I I
AGENDA DATE: MARCH 28, 2012
SUBJECT: DISTRICT PARTICIPATION IN SCE PUMP EFFICIENCY PROGRAM
District of $72,000. Please note that the estimated savings is based on optimal efficiency and
time of use which is determined by system demands seasonally.
The success of this program is a credit to the commitment and dedication of staff members
Becky Kasten, Accounting Supervisor and Mike Henderson, Water Production Superintendent
who have worked to take advantage of an opportunity that SCE offers.
Page 12