HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 04/01/2009East Valley
m� Water District
SPECIAL MEETING
APRIL 1, 2009
3:00 PM
EAST VALLEY WATER DISTRICT
3654 HIGHLAND AVE #12, HIGHLAND, CA.
AGENDA
CALL_ TO ORDER
PLEDGE OF ALLEGIANCE
1. Public Comments
2. Approval of Special Board Meeting Minutes for March 23, 2009
;3. Discussion and possible action regarding the 2009 -10 Legislative
Session and Legislative Updates presented by Bob Reeb
4. Discussion and possible action regarding North Fork Water Company
special assessments and share acquisitions
;i. Discussion and possible action regarding 2009 Mail Ballot Election
6. ADJOURN
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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 prior to said meeting.
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Subject to approval:
EAST VALLEY WATER DISTRICT March 23, 2009
SPECIAL BOARD MEETING
MINUTES
Vice President Wilson called the meeting to order at 3:00 p.m. Director Morales led the flag
salute.
PRESENT: Directors: Le Vesque, Morales, Sturgeon, Wilson
ABSENT: Director: Goodin
STAFF: Robert Martin, General Manager; Brian Tompkins, Chief Financial
Officer; Gary Sturdivan, Regulatory Affairs Coordinator; Justine
Hendricksen, Administrative Manager
LEGAL COUNSEL: Steve Kennedy
GUEST (S): Jo McAndrews (McAndrews & Boyd); Larry Malmberg; Charles
Roberts (Highland Community News)
PUBLIC PARTICIPATION
Vice President Wilson declared the public participation section of the meeting open at 3:01
p.m.
There being no verbal or written comments the public participation section was closed.
APPROVAL OF SPECIAL BOARD MEETING MINUTES FOR MARCH 4, 2009
M /S /C (Sturgeon - Morales) that the March 4, 2009 Special Board Meeting minutes be
approved as submitted.
APPROVAL OF BOARD MEETING MINUTES FOR MARCH 10, 2009
M /S /C (Sturgeon - Morales) that the March 10, 2009 Board Meeting minutes be
approved as submitted.
(Minutes03 /23/2009)jph 1
DISBURSEMENTS
M /S /C (Sturgeon- Morales) that General Fund Disbursements #218774 through
#218966 which were distributed during the period of March 6, 2009 through March 18, 2009,
in the amount of $870,593.67 and Payroll Fund Disbursements for the period ended February
13, 2009 and February 28, 2009 and included checks and direct deposits, in the amount of
$208,995.75 and $10,083.86, totaling $1,089,973.28 be approved.
GENERAL MANAGER'S FEES AND EXPENSES
M/S /C (Sturgeon - Morales) that the General Manager's fees and expenses be approved.
RESOLUTION 2009.05 — A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE EAST VALLEY WATER DISTRICT DESIGNATION OF APPLICANT'S
AGENT RESOLUTION
M /S /C (LeVesque - Sturgeon) that Resolution 2009.05 be approved.
DISCUSSION AND POSSIBLE ACTION REGARDING APPROVAL TO SURPLUS
VE1H(ICI.ES AND EQUIPMENT AT A PUBLIC AUCTION
M /S /C (LeVesque - Morales) that the Board approve the request from staff to surplus
vehicles and equipment at a public auction.
DISCUSSION AND POSSIBLE ACTION REGARDING NOMINATION FOR
ALTERNATE SPECIAL DISTRICT MEMBER OF THE LOCAL AGENCY
FORMATION COMMISSION (LAFCO)
No action taken.
DISCUSSION AND POSSIBLE ACTION REGARDING THE NOTICE OF
EXEMPTION FOR THE CONEJO DRIVE SEWER LINE REPLACEMENT
PROJECT
M /S /C (LeVesque- Morales) that the Notice of Exemption for the Conejo Drive Sewer
Line Replacement Project be approved and that the District file the Notice of Exemption with
the '.San Bernardino County Clerk of the Board.
DISCUSSION AND POSSIBLE ACTION REGARDING NOTICE OF EXEMPTION
FOR THE LIVE OAK WATER MAIN REPLACEMENT PROJECT
M /S /C (LeVesque - Morales) that the Notice of Exemption for the Live Oak Water
Replacement Project be approved and that the District file the Notice of Exemption with the
San Bernardino County Clerk of the Board.
(Minutes 03/23/2009)jph 2
FE.EVIEW AND ACCEPT FINANCIAL STATEMENTS FOR THE PERIOD ENDED
FEBRUARY 28, 2009
Mr. Tompkins handed out revised statements to the Board. Mr. Tompkins reviewed the
Financial Statements with the Board.
M /S /C (LeVesque- Sturgeon) that the Financial Statements for the period ended
February 28, 2009 be accepted.
GENERAL MANAGER/STAFF REPORTS
The General Manager reported on the Districts operations to date; that the Date Street pipeline
is nearly complete; that Gary Sturdivan, Steve Kennedy and he attended an East Wood Farms
shareholders meeting this past Saturday; that there are many challenges facing the
shareholders; that there are a number of disputes between shareholders and board members
that need to be addressed.
Mr. Tompkins stated that the District's current phone system lease expires in August; that he
is currently reviewing a number of proposals for a new system; that he will present the
proposals to the Public Outreach Committee; that there could possibly be a up to a 70%
savings per month on a new phone system lease. Mr. Tompkins also stated that he
participated in a Web -cast at CDM regarding the American Recovery and Reinvestment Act;
that there are strict guidelines; that there is also a "buy American" provision in the act.
Ms. Hendricksen stated that the District would be participating in the City of Highland's
Citrus Harvest Festival this Saturday. Ms Hendricksen also stated that there is now a waiting
list for the Seven Oaks Dam Tour.
CONSULTANT REPORTS
Iv[s. McAndrews stated that she has been receiving calls regarding sponsorship opportunities
for the Inland Empire Solar Challenge.
COMMITTEE REPORTS
a. Legislative (Standing) — The Legislative Committee met on March 11, and discussed
over 70 pieces of Legislation.
b. Budget (Standing) — No reports.
c. Public Outreach (Standing) — An article from the Highland Community News was
provided to the Board for review.
M /S /C (Sturgeon- Wilson) that the Public Outreach Committee Minutes for
January 23, 2009 be accepted.
(Minutes 03/23/2009) jph 3
ORAL COMMENTS FROM BOARD OF DIRECTORS
Director LeVesque stated that he would be attending the City of Highland's Citrus Harvest
Festival.
Director Morales stated that he would also be attending the City of Highland's Citrus Harvest
Festival and the East Highlands Ranch Home Improvement Fair.
Vice President Wilson stated that he attended ACWA's Washington D.C. conference and
spoke at length with Assemblyman Emmerson's office.
LETTER TO THE DISTRICT FROM THE SAN BERNARDINO VALLEY WATER
(.`O�ISERVATION DISTRICT REGARDING THE 2008 -2009 ENGINEERING
INVESTIGATION OF THE BUNKER HILL BASIN
The General Manager stated that they are proposing an increase in their water production
assessment. Information only.
WATER EDUCATION FOUNDATION AND THE ASSOCIATION OF CALIFORNIA
WATER AGENCIES "MANAGING THE CRISIS: ESSENTIAL TOOLS FOR
URBAN WATER MANAGERS" WORKSHOP, APRIL 16', SAN FRANCISCO
AIRPORT MARRIOTT HOTEL AND APRIL 23RD, IRVINE MARRIOTT HOTEL
ADJOURN
The meeting was adjourned at 3:43 p.m.
Robert E. Martin, Secretary
Don Goodin, President
(Minutes 03/23/2009)jph 4
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East Valley Water District
2009 -10 Session, First Year
AB 28 (Jeffries) Natural gas engines: water pumps.
Introduced: 12/1/2008
Status: 2/5/2009- Referred to Corns. on NAT. RES. and L. GOV.
Is Urgency: N
Is Fiscal: N
Location: 2/5/2009 -A. NAT. RES.
Calendar: 4/13/2009 1:30 p.m. - Room 447 ASSEMBLY NATURAL RESOURCES, SKINNER, Chair
Summary: Existing law imposes various limitations on emissions of air contaminants for the control of air
pollution from vehicular and nonvehicular sources. Existing law generally designates the State Air
Resources Board as the state agency with the primary responsibility for the control of vehicular air
pollution, and air pollution control districts and air quality management districts with the primary
responsibility for the control of air pollution from all sources other than vehicular sources. This bill would
prohibit air pollution control districts and air quality management districts from restricting the use of
engines powered by natural gas by a city, county, or special district, including a water district, to operate
water pumps.
Laws: An act to add Section 40722 to the Health and Safety Code, relating to air pollution.
Notes 1: This legislation will not be amended to add diesel fuel emergency generation to the exemption,
therefore the benefit that this legislation would provide to the District would be very limited.
Nevertheless, the legislation bears watching. Current Position: Not Yet Considered. Recommended
Position: Watch
p,1�32 (Huffman) Sacramento -San Joaquin Delta: Final Delta Vision Strategic Plan.
Introduced: 12/1/2008
Status: 12/2/2008 -From printer. May be heard in committee January 1.
Is Urgency: N
Is Fiscal: N
Location: 12/1/2008 -A. PRINT
Summary: Existing law requires the Secretary of the Resources Agency to convene a committee to
develop and submit to the Governor and the Legislature, on or before December 31, 2008, a Strategic
Vision for a Sustainable Sacramento -San Joaquin Delta with specified components. This bill would declare
the intent of the Legislature to enact legislation to implement the recommendations in the Final Delta
Vision Strategic Plan issued by the Delta Vision Blue Ribbon Task Force and the Delta Vision Committee
established pursuant to Executive Order S -17 -06 and Chapter 535 of the Statutes of 2006.
Laws: An act relating to the Sacramento -San Joaquin Delta.
Notes 1: This legislation is a placeholder that could be used to implement the recommendations of the
Final Delta Vision Strategic Plan. The author is chairman of the Water, Parks & Wildlife Committee. The
importance of this subject matter to the District argues for closely monitoring the legislation for future
amendments. Current Position: Not Yet Considered Recommended Position: Watch
AR 49 (fg=) Water conservation: urban water use.
Introduced: 12/1/2008
Status: 2/5/2009- Referred to Com. on W.,P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 2/5/2009 -A. W.,P. & W.
Calendar: 4/14/2009 9 a.m. - Room 437 ASSEMBLY WATER, PARKS AND WILDLIFE, HUFFMAN, Chair
Summary: Existing law requires the Department of Water Resources to convene an independent
technical panel to provide information to the department and the Legislature on new demand
management measures, technologies, and approaches. "Demand management measures" means those
water conservation measures, programs, and incentives that prevent the waste of water and promote
the reasonable and efficient use and reuse of available supplies. This bill would require the state to
achieve a 20% reduction in urban per capita water use in California by December 31, 2020.
Laws: An act to add Part 2.55 (commencing with Section 10608) to Division 6 of the Water Code,
relating to water conservation.
Notes 1: This legislation is a placeholder to codify new authority or state - mandated local programs
relating to achieving a 20 percent per capita reduction in urban water demand by 2020. It follows the
defeat in 2008 of AB 2175 (Laird and Feuer), which the District opposed. Although there were multiple
issues of concern to the District, a principle concern related to the centralized, regulatory approach taken
in AB 2175 as compared to improving current planning and implementation laws; e.g., urban water
management planning act. On February 28, 2008 Governor Schwarzenegger described a seven -part
comprehensive plan for improving the Sacramento -San Joaquin Delta. The first item on the Governor's list
was an aggressive new goal for water conservation in California. The Governor's plan is to achieve a 20
percent reduction in per capita water use statewide by 2020. Conservation is one of the key ways to
provide water for Californians and protect and improve the Delta ecosystem. A number of efforts are
already underway to expand conservation programs, but the Governor directed state agencies to
develop this more aggressive plan and implement it to the extent permitted by current law. He
welcomed legislation to incorporate this goal into statute. Urban water use in California is about 8.7
million acre -feet per year. Reducing that use by 20% would conserve about 1.74 million acre -feet per
year enough water to serve more than 2 million families a year. Population growth - new water users -
will tend to increase urban water uses somewhat, offsetting the savings. Most experts believe achieving
the Governor's goal is well within the range of water conservation potential described in the California
Water Plan Update 2005. The Water Plan projects a range of potential savings in 2030 from 1.2 to 3.1
million acre -feet a year. Current Position: Not Yet Considered Recommended Position: Watch
AS 300 (Caballero) Subdivisions: water supply.
Introduced: 2/17/2009
Status: 3/4/2009- Referred to Corns. on L. GOV. and W.,P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/4/2009 -A. L. GOV.
Calendar: 4/15/2009 1:30 p.m. - Room 447 ASSEMBLY LOCAL GOVERNMENT, CABALLERO, Chair
Summary: The Subdivision Map Act prohibits approval of a tentative map, or a parcel map for which a
tentative map was not required, or a development agreement for a subdivision of property of more than
500 dwelling units, except as specified, including the design of the subdivision or the type of
improvement, unless the legislative body of a city or county or the designated advisory agency provides
written verification from the applicable public water system that a sufficient water supply is available or,
in addition, a specified finding is made by the local agency that sufficient water supplies are, or will be,
available prior to completion of the project. This bill would require, until January 1, 2020, the legislative
body of a city or county or the designated advisory agency to approve or disapprove the subdivider's
water savings projections attributable to voluntary demand management measures, as defined, after
being reviewed by the retail water supplier and verified for accuracy, as specified, by the public water
system or the local agency if there is no public water system. Water savings projections would be
authorized to be calculated using the water savings projections adopted by the California Urban Water
Conservation Council. Water savings projections for measures for which the California Urban Water
Conservation Council does not have adopted findings would be required to be based on substantial
evidence in the record and included in the water supply assessment adopted by the water supplier. If a
project applicant proposes to use a new voluntary water reduction demand management measure that
is not based on water savings projections adopted by the California Urban Water Conservation Council,
the legislative body of a city or county or the advisory agency would be required to have the project
applicant enter into an agreement with the water utility to implement and monitor the actual water
savings over time, as specified. The public water system would be required to prepare a written report
of the projected water demand versus the actual water use 5 years after the project has been fully
developed. By adding to the duties of the public water system, this bill would impose a state - mandated
local program. This bill contains other related provisions and other existing laws.
Laws: An act to amend, repeal, and add Section 66473.7 of the Government Code, and to amend,
repeal, and add Section 10910 of the Water Code, relating to subdivision map approvals.
Notes 1: This legislation is similar to AB 2219 (Parrs) from 2008 that the District opposed in the Senate.
The bill was dropped by the author. The California Building Industry Association is the sponsor of AB 300.
The District supports an approach that would amend existing law to authorize a project applicant to
work with an urban water supplier on a voluntary basis to provide additional water demand
management measures for a subdivision or contribute funds to an existing plumbing retrofit program
offered by the supplier. The goal is to offset in whole or in part the projected water supply demand
associated with a development project. This legislation, like AB 2219, would proscribe a process in which
the urban water supplier would have to calculate and affirm potential water savings based on measures
included by an applicant (developer) and monitor and report results attributed to demand management
measures after 5 years. It would thus impose a state - mandated local program without providing state
funding to offset local costs. Further, the actions required of water suppliers could lead to litigation if
savings estimates or ultimate savings are challenged. The estimate of potential water savings must be
based on substantial evidence in the record developed by the water supplier if the demand
management measures have not already been calculated by the California Urban Water Conservation
Council. There is recent case law, however, that indicates challenges to water supply assessments and
written verifications must be made in the context of the CEQA document in which they become a part -
which would require a city or county to defend litigation. Current Position: Not Yet Considered
Recommended Position: Oppose unless amended
AB 687 (Salas) Sacramento -San Joaquin Delta.
Introduced: 2/26/2009
Status: 3/1 /2009 -From printer. May be heard in committee March 30.
Is Urgency: N
Is Fiscal: N
Location: 2/26/2009 -A. PRINT
Summary: The California Bay -Delta Authority Act establishes the California Bay -Delta Authority in the
Natural Resources Agency. The act requires the authority and the implementing agencies to carry out
programs, projects, and activities necessary to implement the Bay -Delta Program. This bill would state
findings and declarations of the Legislature with respect to the development of the Bay Delta
Conservation Plan and the activities of the Delta Vision Blue Ribbon Task Force and the Delta Vision
Committee and the need to balance the demands of both the environment and water supplies.
Laws: An act relating to the Sacramento -San Joaquin Delta.
Notes 1: This legislation is a placeholder that could be used to implement the recommendations of the
Final Delta Vision Strategic Plan. The author is a member of the Water, Parks & Wildlife Committee. The
importance of this subject matter to the Agency argues for closely monitoring the legislation for future
amendments. Current Position: Not Yet Considered Recommended Position: Watch
n1a 737 (Committee on Environmental Safety and Toxic Mated) Public water systems: public notification.
Introduced: 2/26/2009
Status: 3/26/2009- Referred to Com, on E.S. & T.M.
Is Urgency: N
Is Fiscal: N
Location: 3/26/2009 -A. E.S. &T.M.
Calendar: 4/14/2009 1:30 p.m. - Room 444 ASSEMBLY ENVIRONMENTAL SAFETY AND TOXIC
MATERIALS, CHESBRO, Chair
Summary: Existing law, known as the California Safe Drinking Water Act, requires the State Department
of Public Health to administer provisions relating to the regulation of drinking water to protect public
health, including, but not limited to, conducting research, studies, and demonstration programs relating
to the provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking
Water Act, adoption of enforcement regulations, and conducting studies and investigations to assess
the quality of water in domestic water supplies. This bill would, in addition, require posting of the notices
and reports on the public water system's Internet Web site, if the public water system maintains an
Internet Web site. The bill would permit the public water system to remove or amend the posted
information when certain conditions are met. This bill contains other existing laws.
Laws: An act to amend Sections 116450, 116455, and 116470 of the Health and Safety Code, relating
to public water systems.
Notes 1: This legislation would require that along with the customer notification required under existing
law relating to the violation or exceedances of primary drinking water standards, or the contamination of
drinking water, a public water system would have to post such information on its Internet web site. The
mandate would likely result in minor, absorbable costs to the Agency to the extent such notices,
including publication of the annual consumer confidence report, is not currently being provided on the
Internet. Whether such a mandate improves public notice is subject to debate. Current Position: Not Yet
Considered. Recommended Position: Watch
. @..a 815 (Ma) Public contracts: plans and specifications.
Introduced: 2/26/2009
Status: 3/26/2009- Referred to Com. on JUD.
Is Urgency: N
Is Fiscal: N
Location: 3/26/2009 -A. JUD.
Summary: Existing law contains various provisions relating to the bidding process for public works
projects. Existing law prohibits a local public entity, charter city, or charter county from requiring a bidder
to assume responsibility for the completeness and accuracy of architectural or engineering plans and
specifications on public works projects, except on clearly designated design -build projects. This bill would
require a local public entity, charter city, or charter county, before entering into any contract for a
project, to provide full, complete, and accurate plans and specifications and estimates of cost, giving
such direction as will enable any competent mechanic or other builder to carry them out. The bill would
exempt from these provisions any clearly Identified design -build projects or design -build portions
thereof. The bill would specify that a local public entity, charter city, or charter county would not be
required to provide bidders with plans and specifications for projects that are completed entirely through
an annual contract for repair, remodeling, or other repetitive work according to unit prices. This bill
contains other related provisions.
Laws: An act to amend Section 1104 of the Public Contract Code, relating to public contracts.
Notes 1: This legislation is similar to AB 983 (2008) by the same author that the District opposed. That
legislation also was opposed by cities, water districts, California Association of Sanitation Agencies and
public school organizations. AB 983 passed the Legislature, but was vetoed by Governor
Schwarzenegger. In his veto message, the Governor wrote 'This bill would require a local public entity
before entering into a design - bid -build contract, to provide full, complete, and accurate plans,
specifications and estimates of cost that would enable any competent mechanic or other builder to carry
them out. This bill is premature. The California Supreme Court recently agreed to review the case, Los
Angeles Unified School District v. Great American Insurance Co., et. al. that involves the issues raised by
this bill. I believe it is prudent for the court to rule on current law before making any unnecessary or ill -
advised changes." Opponents of AB 983 argued that the legislation would abrogate the Thompson
decision and would represent a major shift in public contracting by requiring local public entities to
provide full, complete, and accurate plans and specifications, including cost estimates, for public works
projects. Opponents generally contend that the requirement to provide full, complete and accurate plans
will impose an impossibly high burden on them, one that exceeds the standard of care required of and
provided to public entities by design professionals, and that will shift the burden of proof to them to
meet this overly demanding standard. This could essentially absolve a contractor from any responsibility
for reviewing plans before submitting a bid on a public works project to the detriment of local agencies.
Existing law states that no public agency may hold a bidder responsible for inaccurate or incomplete
plans on which they are bidding, but provides that a public agency may require a bidder to review the
plans and specifications for errors or omissions. Legal counsel for local agencies argue that public
contracting is a collaborative process wherein a public agency and contractor partner together to identify
omissions or changes to provided plans and specifications. The case is pending before the California
Supreme Court on appeal. Current Position: Not Yet Considered. Recommended Position: Oppose
AB 900 (De Leon) Water diversion: statements of water diversion and use.
Introduced: 2/26/2009
Status: 3/26/2009- Referred to Com. on W.,P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/26/2009 -A. W.,P. & W.
Summary: Existing law, with certain exceptions, requires each person who diverts water after December
31, 1965, to file with the State Water Resources Control Board a prescribed statement of diversion and
use. Existing law requires a statement to include specified information, including, on and after January 1,
2012, monthly records of water diversions. Under existing law , the monthly record requirement does not
apply to a surface water diversion with a combined diversion capacity from a natural channel that is less
than 50 cubic feet per second or to diverters using siphons in the tidal zone. This bill would delete an
exception to the statement requirement for diversions included in the consumptive use data for the delta
lowlands published by the department in its hydrologic data bulletins. The bill would, commencing
January 1, 2011, impose the monthly record requirement on any surface water diversion of any size that
is within the Sacramento -San Joaquin Delta, as defined. The bill would also provide that the monthly
record requirement would not apply to surface diversion that is outside of the Sacramento -San Joaquin
Delta, and that has a combined diversion capacity from a natural channel that is less than 50 cubic feet
per second. The bill would make related findings and declarations.
Laws: An act to amend Sections 5101 and 5103 of the Water Code, relating to water diversion.
Notes 1: This legislation is similar to AB 2938 (2008) by the same author, which was held in the Senate
Appropriations Committee. The legislation eliminates an current exemption from water diversion
reporting requirements for diversions that occur within the Delta. It would require Delta water diverters,
regardless of the size of the diversion, to measure and report monthly water diversions to the State
Water Resources Control Board (SWRCB) on an annual basis, beginning in 2010.The relative effect on
the Delta's fishery from water exports and in -Delta diversions has been discussed for many years, often
as part of disputes over Delta programs (e.g. CALFED Bay Delta Program), water project operations, and
Delta litigation. Public attention focuses on the largest Delta diverters; e.g., the State Water Project, and
ignores these smaller in -Delta diverters of water for agriculture. Delta programs, regulation and
legislation have excluded these in -Delta users from efforts to address water and fishery problems. The
December 2007 Delta Vision report estimates that in -Delta diversions represent between 4 and 50/6 of
total Delta inflow, compared to about 17% for water project Delta exports. Some experts estimate that
there are 2,000 unscreened water diversions in the Delta. The District supported AB 2938 last year,
along with State Water Contractors and Federal Central Valley Project contractors. Current Position: Not
Yet Considered. Recommended Position: Support
AB 1187 (Huffman) Safe, Clean, Reliable Drinking Water Supply Act of 2010.
Introduced: 2/27/2009
Status: 3/26/2009- Referred to Com. on W.,P. & W.
Is Urgency: N
Is Fiscal: Y
Location: 3/26/2009 -A. W.,P. & W.
Summary: Under existing law, various measures have been approved by the voters to provide funds for
water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water
Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing
specified water supply reliability and water source protection programs, the issuance of bonds in the
amount of $10,035,000,000 pursuant to the State General Obligation Bond Law. This bill contains other
existing laws.
Laws: An act to add Division 26.7 (commencing with Section 79700) to the Water Code, relating to
financing a water supply reliability and water source protection program, by providing the funds
necessary therefor through an election for the issuance and sale of bonds of the State of California and
for the handling and disposition of those funds.
Notes 1: Please refer to side -by -side analysis of the five water G.O. Bond measures. This particular
legislation contains a number of restrictions on expenditures relating to local projects and state
infrastructure projects that will have to be amended before the District —and groups like the Association
of California Water Agencies and State Water Contractors —can fully support a final version. This
legislation would provide $72 million for the Colorado River Basin for projects that are a part of an
integrated regional water management plan. A $500 million statewide fund to pay for local projects.
However, the legislation requires such projects to be consistent with an IRWMP. It is unclear whether
this means the projects would have to be included in an IRWMP or just consistent with a plan, but it
seems clear that if a plan does not exist, then funding would not be made available to a local agency.
The legislation would appropriate $1.9 billion for Delta protection and ecosystem restoration projects
and actions, including funding for the development and implementation of the Bay Delta Conservation
Plan. The legislation would allocate $3 billion in funding for projects like the CALFED surface storage
projects, but funding would be restricted to paying for public benefits only —water supply benefits would
be paid for by water supply beneficiaries. This legislation would impose a fee on all water users to pay
debt service on the bonds issued pursuant to this bill and for other water infrastructure and ecosystem
restoration projects throughout the state, subject to appropriation by the Legislature. Current Position:
Not Yet Considered. Recommended Position: Oppose unless amended.
AB 1221 (Nielsen) Water.
Introduced: 2/27/2009
Status: 3 /2 /2009-Read first time.
Is Urgency: N
Is Fiscal: N
Location: 2/27/2009 -A. PRINT
Summary: Under existing law, the Department of Water Resources performs duties relating to water
resources throughout the state. The State Water Resources Control Board exercises regulatory
functions relating to water quality. This bill would state the intent of the Legislature to enact legislation
that would modify existing laws relating to water in the state.
Laws: An act relating to water.
Notes 1: This legislation is a placeholder (spot bill) that will require substantive amendments prior to
April 2, 2009 in order to be eligible for consideration this year. The District should closely monitor the
legislation given the subject matter. Current Position: Not Yet Considered. Recommended Position:
Watch
,A,11_U4Z (Ruakin) State water policy.
Introduced: 2/27/2009
Status: 3/2 /2009 -Read first time.
Is Urgency: N
Is Fiscal: N
Location: 2/27/2009 -A. PRINT
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 established
policy of the state that every Californian shall have access to safe, affordable water for basic human
needs.
Laws: An act to add Section 106.3 to the Water Code, relating to water.
Notes 1: This legislation is a placeholder (spot bill) that will require substantive amendments prior to
April 2, 2009 in order to be eligible for consideration this year. The District should closely monitor the
legislation given the subject matter. Current Position: Not Yet Considered. Recommended Position:
Watch
,A11L1294 (Manning.) State Water Resources Development System.
Introduced: 2/27/2009
Status: 3/2 /2009 -Read first time.
Is Urgency: N
Is Fiscal: N
Location: 2/27/2009 -A. PRINT
Summary: The Department of Water Resources operates the State Water Resources Development
System, commonly referred to as the State Water Project, in accordance with the California Water
Resources Development Bond Act. This bill would make technical, nonsubstantive changes to a provision
that authorizes the issuance of bond funds in the amount of $1,750,000,000 for the purposes of that
bond act.
Laws: An act to amend Section 12935 of the Water Code, relating to water resources.
Notes 1: This legislation is a placeholder (spot bill) that will require substantive amendments prior to
April 2, 2009 in order to be eligible for consideration this year. The District should closely monitor the
legislation given the subject matter. Current Position: Not Yet Considered. Recommended Position:
Watch
,&0-1-411 (�wav) Safe Drinking Water State Revolving Fund.
Introduced: 2/27/2009
Status: 3/2 /2009 -Read first time.
Is Urgency: N
Is Fiscal: Y
Location: 2/27/2009 -A. PRINT
Summary: Existing law, the California Safe Drinking Water Act, requires the State Department of Public
Health to administer provisions relating to the regulation of drinking water to protect public health,
including, but not limited to, conducting research, studies, and demonstration programs relating to the
provision of a dependable, safe supply of drinking water, enforcing the federal Safe Drinking Water Act,
adoption of enforcement regulations, and conducting studies and investigations to assess the quality of
water in domestic water supplies. This bill would allow the department to establish a wellhead
protection account within the fund, as specified. This bill contains other related provisions and other
existing laws.
Laws: An act to amend Sections 116760.20, 116760.40, and 116761.23 of the Health and Safety Code,
relating to drinking water.
Notes 1: This legislation is a placeholder (spot bill) that will require substantive amendments prior to
April 2, 2009 in order to be eligible for consideration this year. The District should closely monitor the
legislation given the subject matter. Current Position: Not Yet Considered. Recommended Position:
Watch
ACA 12 (Lonue) Water: area of origin statutes.
Introduced: 2/27/2009
Status: 3/2 /2009 -Read first time.
Is Urgency: N
Is Fiscal: N
Location: 2/27/2009 -A. PRINT
Summary: Existing provisions of the Water Code provide for the protection of designated areas within
which water originates or related areas, including the "area of origin," "county of origin," "watershed
protection," and "Delta protection" statutes. This measure would prohibit the Legislature from amending,
repealing, or changing the scope or effect of any of those provisions unless the bill is passed in each
house by a 2/3 vote of the membership of each house.
Laws: A resolution to propose to the people of the State of California an amendment to the Constitution
of the State, by adding Section 8 to Article X thereof, relating to water.
Notes 1: The author is a freshman Northern California Republican. Many Northern California water
agencies fear that the construction and operation of new Delta conveyance facilities, as well as the
construction of new surface water storage projects, could deprive areas of origin and counties of origin
of water necessary to fulfill beneficial uses in those areas. This legislation would increase the required
vote threshold in the State Legislature from a simple majority to a two - thirds vote in order to amend
existing statutes protecting areas of origin. A similar proposal was part of the 1980 agreement in the
Legislature regarding authorization for construction of a peripheral canal. The later defeat of the canal
measure by voter referendum also served to defeat the two- thirds vote threshold proposal. Any
movement of this proposed constitutional amendment will likely be dependent on movement on a water
G.O. bond that would authorize state funding for surface storage projects. Currently, water bond
proposals include statements that none of their provisions would affect area of origin protections.
Current Position: Not Yet Considered. Recommended Position: Watch
SB 12 (Simitian) Sacramento -San Joaquin River Delta, Clean Drinking Water, Water Supply Security, and
Environmental Improvement Act of 2009.
Introduced: 12/1/2008
Last Amend: 2/26/2009
Status: 3/27/2009 -Set for hearing April 14.
Is Urgency: N
Is Fiscal: Y
Location: 2/26/2009 -5. N.R. & W.
Calendar: 4/14/2009 9 a.m. - Room 112 SENATE NATURAL RESOURCES AND WATER, PAVLEY, Chair
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 Johnston- Baker-
Andal- Boatwright Delta Protection Act of 1992 creates the Delta Protection Commission and requires the
commission to prepare and adopt a comprehensive long -term resource management plan for specified
lands within the Sacramento -San Joaquin Delta. This bill would enact the Sacramento -San Joaquin River
Delta, Clean Drinking Water, Water Supply Security, and Environmental Improvement Act of 2009. The bill
would establish the Delta Ecosystem and Water Council. The council would be required to prepare and
adopt a plan referred to as the California Delta Ecosystem and Water Plan (plan) to advance the coequal
goals of restoring the Delta ecosystem and creating a more reliable water supply in California. The
council would be required to establish a goal for the adoption of the plan by December 1, 2010. If the
plan is not completed by that date, the council would be required to adopt an interim strategic plan. The
plan would be required to include specified components, including species protection requirements, Delta
water flow and water quality requirements, and information relating to land use in the Delta. This bill
contains other related provisions and other existing laws.
Laws: An act to amend Section 29735 of, and to add Section 29740.1 to, the Public Resources Code,
and to add Division 26.8 (commencing with Section 79850) to the Water Code, relating to the
Sacramento -San Joaquin Delta.
Notes 1: This legislation would establish a new authority under state law that would assume the
responsibilities of the Department of Water Resources with respect to the financing, design,
construction, ownership and operation of the State Water Project. This legislation would require the
authority to impose an unspecified fee on water transferred through the Delta to mitigate impacts on
Delta ecological functions caused by their diversions. The fee would be in addition to the fee necessary
to pay for Delta water conveyance improvements. The authority would not be authorized to impose a fee
on any other person or entity that impacts Delta ecological functions. The Delta Land and Water Use
Authority would have a 7- member board of directors, 5 of which are appointed by the governor, subject
to Senate confirmation and one each to be appointed by the Senate and Assembly. The authority would
be responsible for ensuring the accomplishment of the coequal goals of the Final Delta Vision Strategic
Plan— ecosystem restoration and water supply reliability. The legislation also would create a Delta
conservancy as well as expand the land use authority of the Delta Protection Commission to include the
secondary zone of the statutory Delta. Current Position: Not Yet Considered. Recommended Position:
Oppose
SS 229 (Pavley) California Water Commission: Bay - Delta.
Introduced: 2/23/2009
Status: 3/27/2009 -Set for hearing April 14.
Is Urgency: N
Is Fiscal: Y
Location: 3/9/2009 -5. N.R. & W.
Calendar: 4/14/2009 9 a.m. - Room 112 SENATE NATURAL RESOURCES AND WATER, PAVLEY, Chair
� Ef 2..
5 1 UA)l
Summary: Existing law establishes the 9- member California Water Commission in the Department of
Water Resources and requires the commission to conduct an annual review of the progress and
operation of the State Water Project and to carry out various other related functions. This bill would
substantially revise the membership and functions of the commission. The bill would establish the
commission in the Natural Resources Agency and require that it be considered an independent
commission. The commission would consist of 5 members appointed by the Governor and subject to the
confirmation of the Senate. The commission would have primary authority to implement and oversee the
implementation of the Bay -Delta Interim Governance Act of 2009, as described in (2). The bill would
authorize the commission to serve as lead agency to implement specified projects recommended by the
final environmental impact report of the Bay -Delta Conservation Plan. This bill contains other related
provisions and other existing laws.
Laws: An act to add Division 28 (commencing with Section 80500) to, and to repeal and add Article 2
(commencing with Section 150) of Chapter 2 of Division 1 of, the Water Code, relating to the
Sacramento -San Joaquin Delta.
Notes 1: his legislation would re -cast the California Water Commission and assign it responsibility to
ensure that the coequal goals enumerated in the Final Delta Vision Strategic Plan are coordinated and
implemented. The Commission would have five members appointed by the governor, subject to Senate
confirmation. The Commission would be required to recommend priority activities to other state agencies
relating to the implementation of the Bay Delta Conservation Plan (BDCP). The Commission would be
authorized to implement projects recommended by BDCP. Most importantly for the Agency, this
legislation authorizes the Commission to establish a fee to be paid by all entities that benefit from the
BDCP and those entities that divert water from a Delta water body. The beneficiaries would be those
entities that receive regulatory assurances and incidental take permits for endangered species through
the BDCP. The fee revenue would pay for the development and implementation of the plan. California's
Natural Community Conservation Plan (NCCP) law, which guides the development and implementation of
BDCP, requires a plan to identify and provide for those measures necessary to conserve and manage
natural biological diversity within the plan area while allowing compatible and appropriate economic
development, growth, and other human uses. Plan participants become a signatory to the planning prior
to approval of an NCCP and execution of an implementation agreement. Upon approval of an NCCP and
execution of an implementation agreement, a plan participant is a permittee and any local agency that is
a signatory to the implementing agreement, The plan contains provisions that ensure adequate funding
to carry out the conservation actions identified in the plan. This legislation would violate the spirit of an
NCCP, which is a voluntary process, and instead would vest a state agency with authority to assess fees
to pay for NCCP conservation actions. The BDCP participants will collectively decide appropriate funding
levels and accept responsibility for paying the costs, less and state and federal funding, of implementing
the BDCP. Current Position: Not Yet Considered. Recommended Position: Oppose
(p LUM) Water use.
Introduced: 2/24/2009
Status: 3/9/2009 -To Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/9/2009 -S. RLS.
Summary: Existing law requires the Department of Water Resources to convene an independent
technical panel to provide information to the department and the Legislature on new demand
management measures, technologies, and approaches. "Demand management measures" means those
water conservation measures, programs, and incentives that prevent the waste of water and promote
the reasonable and efficient use and reuse of available supplies. This bill would state legislative findings
and declarations relating to water use.
Laws: An act relating to water.
Nobs 1: This legislation is a placeholder (spot bill) that will require substantive amendments prior to
April 2, 2009 in order to be eligible for consideration this year. The District should closely monitor the
legislation given the subject matter. Current Position: Not Yet Considered. Recommended Position:
Watch
(,FJ?t=) Water Supply Reliability and Ecosystem Recovery and Restoration Act of 2009.
Introduced: 2/25/2009
Status: 3/9/2009 -To Coms. on N.R. & W. and EQ.
Is Urgency: Y
Is Fiscal: Y
Location: 3/9/2009 -5. N.R. & W.
Summary: Under existing law, various measures have been approved by the voters to provide funds for
water protection, facilities, and programs. This bill would enact the Water Supply Reliability and
Ecosystem Recovery and Restoration Act of 2009, which, if approved by the voters, would authorize, for
the purposes of financing specified water supply reliability and ecosystem recovery and restoration
programs, the issuance of bonds in the amount of $15,000,000,000 pursuant to the State General
Obligation Bond Law. The bill would provide for submission of the bond act to the voters at the next
statewide election. This bill contains other related provisions.
Laws: An act to add Division 26.7 (commencing with Section 79700) to the Water Code, relating to
financing a water supply reliability and ecosystem recovery and restoration program, by providing the
funds necessary therefor through an election for the issuance and sale of bonds of the State of
California and for the handling and disposition of those funds, and declaring the urgency thereof, to take
effect immediately.
Notes 1: Please refer to side -by -side analysis of the five water G.O. Bond measures. This particular
legislation contains a number of restrictions on expenditures relating to local projects and state
infrastructure projects that will have to be amended before the District —and groups like the Association
of California Water Agencies and State Water Contractors —can fully support a final version. Current
Position: Not Yet Considered. Recommended Position: Support if amended
SB 321 (.Benoit) Local government: assessment and fees: election requirements.
Introduced: 2/25/2009
Status: 3/24/2009 -Set for hearing April 15.
Is Urgency: N
Is Fiscal: Y
Location: 3/9/2009 -5. L. GOV.
Calendar: 4/15/2009 9:30 a.m. - Room 112 SENATE LOCAL GOVERNMENT, WIGGINS, Chair
Summary: Articles XIII C and XIII D of the California Constitution generally require that assessments,
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. This bill would limit the information an agency is
required to provide in a notice by mail to the record owner of each identified parcel prior to levying the
assessment. The bill would prescribe other requirements for the tabulation of ballots if an agency uses
agency personnel or a vendor, and for the availability and preservation of ballots to the public as
disclosable public records. By creating new requirements for property assessments conducted by
counties and cities, the bill would impose a state - mandated local program. This bill contains other related
provisions and other existing laws.
Laws: An act to amend Sections 53753 and 53755 of the Government Code, relating to local
government.
Notes 1: This legislation imposes some potentially onerous requirements on assessment elections
required to be held pursuant to the provisions of Proposition 218. It also would forbid a local agency
from including any information in a Proposition 218 notice for a proposed assessment, other than what
Proposition 218 specifically requires. Property - related charges for water and wastewater imposed by the
District are exempt from the election requirement. So long as the "gag rule" on Proposition 218 notices is
confined to assessments, this bill is unlikely to affect the District. The legislation could have a negative
impact on the District if it is amended to also restrict additional, explanatory information going into a
Proposition 218 notice relating to property - related charges. Current Position: Not Yet Considered.
Recommended Position: Watch
SS 371 (Coadili) Safe, Clean, Reliable Drinking Water Supply Act of 2009.
Introduced: 2/25/2009
Status: 3/9/2009 -TO Corns. on N.R. & W. and EQ.
Is Urgency: Y
Is Fiscal: Y
Location: 3/9/2009 -5. N.R. & W.
Summary: Under existing law, various measures have been approved by the voters to provide funds for
water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water
Supply Act of 2009 which, if approved by the voters, would authorize, for the purposes of financing
specified water supply reliability and water source protection programs, the issuance of bonds in the
amount of $9,980,000,000 pursuant to the State General Obligation Bond Law. The bill would provide for
the submission of the bond act to the voters at the next statewide election. This bill contains other
related provisions.
Laws: An act to add Division 26.7 (commencing with Section 79700) to the Water Code, relating to
financing a water supply reliability and water source protection program, by providing the funds
necessary therefor through an election for the issuance and sale of bonds of the State of California and
for the handling and disposition of those funds, and declaring the urgency thereof, to take effect
immediately.
Notes 1: Please refer to the side -by -side analysis of the five water G.O. bond measures. This particular
legislation contains a number of restrictions on expenditures relating to local projects and state
infrastructure projects that will have to be amended before the District —and groups like the Association
of California Water Agencies —can fully support a final version. The legislation would provide significant
funding for projects that are part of in integrated regional water management plan. The legislation also
would allocate significant funding for local infrastructure projects, including regional and local surface
water storage projects. The legislation recognizes area of origin and county of origin water protections.
Current Position: Not Yet Considered. Recommended Position: Support if amended.
SS 407 (Padilla) Plumbing fixtures: high water use.
Introduced: 2/26/2009
Status: 3/12/2009 -To Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/12/2009 -5. RLS.
Summary: Existing law authorizes public entities that supply water, by the adoption of an ordinance or
resolution pursuant to specified procedures, to adopt and enforce a water conservation program.
Existing law authorizes these public entities to undertake water conservation and public education
programs using an information booklet or materials for use in connection with the use or transfer of real
estate. This bill would declare that it is the intent of the Legislature that these public entities exercise
authority pursuant to those provisions to enact ordinances that require the retrofitting of outdated, high
water use plumbing fixtures, and the disclosure thereof, in connection with the transfer of real estate.
Laws: An act to add Section 379 to the Water Code, relating to water conservation.
Notes 1: The Association of California Water Agencies (ACWA) is the sponsor of this legislation. ACWA
initially drafted a retrofit on resale approach for plumbing fixtures, but changed direction following
discussions with the California Association of Realtors. ACWA then drafted legislation that would have
required a home purchaser to commit to retrofit within a time certain all plumbing fixtures that were not
the most water efficient; this draft would have required the local water provider to inspect homes to
ensure that noncompliant plumbing fixtures were replaced. This draft met with considerable resistance
among members of ACWA's State Legislative Committee. At this time, the latter committee has
established a subcommittee to work on the issue. As this legislation is currently a placeholder that will
require subsequent amendments, it is appropriate for the Agency to closely monitor the legislation.
Current Position: Not Yet Considered. Recommended Position: Watch
511_456 (Walk) Safe, Clean, Reliable Drinking Water Supply Act of 2010.
Introduced: 2/26/2009
Status: 3/12/2009 -To Corns. on N.R. & W. and EQ.
Is Urgency: Y
Is Fiscal: Y
Location: 3/12/2009 -5. N.R. & W.
Summary: Under existing law, various measures have been approved by the voters to provide funds for
water protection, facilities, and programs. This bill would enact the Safe, Clean, Reliable Drinking Water
Supply Act of 2010 which, if approved by the voters, would authorize, for the purposes of financing
specified water supply reliability and water source protection programs, the issuance of bonds in the
amount of $9,805,000,000 pursuant to the State General Obligation Bond Law. This bill contains other
related provisions.
Laws: An act to add Division 26.7 (commencing with Section 79700) to the Water Code, relating to
financing a water supply reliability and water source protection program, by providing the funds
necessary therefor through an election for the issuance and sale of bonds of the State of California and
for the handling and disposition of those funds, and declaring the urgency thereof, to take effect
immediately.
Notes 1: Please refer to side -by -side analysis of the five water G.O. Bond measures. This particular
legislation contains a number of restrictions on expenditures relating to local projects and state
infrastructure projects that will have to be amended before the District —and groups like the Association
of California Water Agencies and State Water Contractors —can fully support a final version. This
legislation would provide $72 million for the Colorado River Basin for projects that are a part of an
integrated regional water management plan. A $500 million statewide fund to pay for local projects.
However, the legislation requires such projects to be consistent with an IRWMP. It is unclear whether
this means the projects would have to be included in an IRWMP or just consistent with a plan, but it
seems clear that if a plan does not exist, then funding would not be made available to a local agency.
The legislation would appropriate $1.9 billion for Delta protection and ecosystem restoration projects
and actions, including funding for the development and implementation of the Bay Delta Conservation
Plan. The legislation would allocate $3 billion in funding for projects like the CALFED surface storage
projects, but funding would be restricted to paying for public benefits only —water supply benefits would
be paid for by water supply beneficiaries, Current Position: Not Yet Considered. Recommended Position:
Support if amended
S13_4bZ (ikolk) Sacramento -San Joaquin Delta.
Introduced: 2/26/2009
Status: 3/27/2009 -Set for hearing April 14.
Is Urgency: N
Is Fiscal: Y
Location: 3/12/2009 -5. N.R. & W.
Calendar: 4/14/2009 9 a.m. - Room 112 SENATE NATURAL RESOURCES AND WATER, PAVLEY, Chair
Summary: Existing law requires various state agencies to carry out programs, projects, and activities on
behalf of the Sacramento -San Joaquin Delta. This bill would create a 7- member Delta Stewardship
Council in the Natural Resources Agency with specified powers and responsibilities relating to the Delta,
including approving the Delta Stewardship Plan to guide and shape management of the Delta. The bill
would require the commission to present the council with a draft plan on or before October 1, 2010. The
bill would require the council to adopt the plan on or before January 1, 2011. The bill would require the
council to review, and if necessary, amend the plan at least every 5 years. This bill contains other related
provisions and other existing laws.
(Laws: An act to add Sections 29735.5 and 29759 to, and to add Division 17.5 (commencing with Section
27000) to, the Public Resources Code, relating to the Sacramento -San Joaquin Delta.
Notes 1: This legislation would create the Delta Stewardship Council in the Natural Resources Agency,
consisting of seven members appointed by the Governor and subject to Senate confirmation that would
be responsible for the stewardship of the Sacramento -San Joaquin Delta and all its natural resources.
The legislation expresses the intent of the Legislature that the membership include diverse expertise
and perspectives, policy and resource experts, strategic problem solvers, and individuals having
successfully resolved multi- interest conflicts. Among the duties proposed for the Council would be the
responsibility to determine whether a project proposed by or approved by a state agency or local
government that may impact the Delta is consistent with the Delta Stewardship Plan. Voting and non-
voting membership of the Council would be somewhat weighted to the benefit of Delta residents and
local elected officials. The legislation also would create a Delta Conservancy that may do all of the
following: (a) Fund or undertake pilot projects based on the research of Delta science and engineering
advisory groups; (b) Develop, plan, and conduct environmental reviews, and implement, monitor, and
manage projects, or provide grants or loans to others for these activities; and (c) Acquire water or water
rights. The Delta Stewardship Plan required under this legislation would be intended to "guide and
shape management of the Delta to ensure its revitalization and create a statewide reliable water
delivery system." The goal of this legislation is to establish a functional governance structure that is
flexible and adaptable to changing circumstances. The plan is intended to achieve the coequal goals of
the Delta Vision, which are ecosystem restoration and water supply reliability. The legislation calls for the
plan to be developed and adopted by the Council before January 1, 2011. This legislation expresses a
preference, but does not mandate that all state, regional, and local agencies with planning
responsibilities should be required to carry out their actions in conformity with the plan, while providing
the flexibility needed to meet the Delta's management challenges. The legislation provides that local
governments and other state and federal agencies should continue planning, decision making, and
operations consistent with the plan. The Council and the science board that would be created under this
legislation would replace their CALFED equivalents. The legislation provides that the plan should
incorporate requirements for water flow and water quality in the Delta that achieve the coequal Delta
Vision goals, which seems to defer to the State Water Resources Control Board its existing authority in
these areas. The plan would define state land use interests in the Delta, especially those that impact
the ecosystem, water supply reliability, and flood concerns. The plan also would include an accurate up-
to -date assessment of water supply availability. Finally, the plan would serve as a foundational
document for a programmatic environmental impact statement or environmental impact report, as well as
any projects undertaken requiring permits pursuant to the California Environmental Quality Act (Division
13 (commencing with Section 21000)) or the federal National Environmental Policy Act of 1969 (42 U.S.C.
Sec. 4321 et seq.). The Delta Vision strategic plan would serve as the interim plan for the Delta until the
stewardship plan as required to be developed under this legislation is adopted. The provisions of this
legislation represent the author's vision of a new governance structure for the Sacramento -San Joaquin
Delta. As the author represents a large portion of the Delta in the Senate, the legislation is weighted in
the direction of protecting the Delta— despite the statement that the co -equal goals of the Final Delta
Vision Strategic Plan shall be ensured. At the same time, the Governor's Delta Vision Committee (the
cabinet level committee responsible for the implementation of measures identified in the Final Delta
Vision Strategic Plan, will be developing recommendations on governance. This legislation raises as many
questions as it seeks to answer regarding operation of the State Water Project, as well as the planning,
construction and operation of SWP conveyance improvements in the Delta. As such, the Agency should
closely monitor the legislation and participate with other State Water Contractors in developing
amendments and a lobbying strategy to address the provisions of the legislation. Current Position: Not
Yet Considered. Recommended Position: Watch
S8458 (Wolk) Conservancies: Sacramento -San Joaquin Delta Conservancy.
Introduced: 2/26/2009
Status: 3/27/2009 -Set for hearing April 14.
Is Urgency: N
Is Fiscal: Y
Location: 3/12/2009 -5. N.R. & W.
Calendar: 4/14/2009 9 a.m. - Room 112 SENATE NATURAL RESOURCES AND WATER, PAVLEY, Chair
Summary: Existing law authorizes various conservancies to acquire, manage, direct the management of,
and conserve public lands in the state. This bill would establish the Sacramento -San Joaquin Delta
Conservancy to undertake various activities related to the delta, as defined, including monitoring
projects within the watershed of the delta, providing stewardship, and coordinating with other delta
governance entities. The bill would prescribe the management, powers, and duties of the conservancy.
The bill would create the Sacramento -San Joaquin Delta Conservancy Fund in the State Treasury.
Moneys in the fund would be available, upon appropriation, for the purposes of the conservancy.
Laws: An act to add Division 22.3 (commencing with Section 32300) to the Public Resources Code,
relating to the Conservancies.
Notes 1: This legislation by the same author of SB 457, would create and establish the Sacramento -San
Joaquin Delta Conservancy. The legislation includes the same provisions of SB 457 that directly relate to
the creation and establishment of a conservancy. The legislation poses far fewer issues for the District —
perhaps no issues if the Conservancy operates in a manner similar to other state conservancies that
primarily acquire and manage land and resources for the benefit of the people of California. Current
Position: Not Yet Considered. Recommended Position: Watch
SB 460 (WQA) Water conservation: urban water use.
Introduced: 2/26/2009
Status: 3/12/2009 -To Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/12/2009 -5. RLS.
Summary: Existing law, the Urban Water Management Planning Act, requires each urban water supplier
to prepare and implement a water management plan for the efficient use of available water supplies.
This bill would state the intention of the Legislature to enact legislation that would achieve a 209/o
reduction in urban per capita water use by December 31, 2020.
Laws: An act to add Part 2.3 (commencing with Section 10580) to Division 6 of the Water Code, relating
to water conservation.
Notes 1: On February 28, 2008 Governor Schwarzenegger described a seven -part comprehensive plan
for improving the Sacramento -San Joaquin Delta. The first item on the Governor's list was an aggressive
new goal for water conservation in California. The Governor's plan is to achieve a 20 percent reduction in
per capita water use statewide by 2020. Conservation is one of the key ways to provide water for
Californians and protect and improve the Delta ecosystem. A number of efforts are already underway to
expand conservation programs, but the Governor directed state agencies to develop this more
aggressive plan and implement it to the extent permitted by current law. He welcomed legislation to
incorporate this goal into statute. Urban water use in California is about 8.7 million acre -feet per year.
Reducing that use by 20% would conserve about 1.74 million acre -feet per year enough water to serve
more than 2 million families a year. Population growth - new water users - will tend to increase urban
water uses somewhat, offsetting the savings. Most experts believe achieving the Governor's goal is well
within the range of water conservation potential described in the California Water Plan Update 2005.
The Water Plan projects a range of potential savings in 2030 from 1.2 to 3.1 million acre -feet a year. The
Association of California Water Agencies (ACWA) and ACWA- member agency Solaro County Water
Agency (SCWA) are co- sponsoring this legislation, which is a placeholder to codify new authority or
state - mandated local programs relating to achieving a 20 percent per capita reduction in urban water
demand by 2020. It follows the defeat in 2008 of AB 2175 (Laird and Feuer), which the District opposed.
Although there were multiple issues of concern to the District, a principle concern related to the
centralized, regulatory approach taken in AB 2175 as compared to improving current planning and
implementation laws; e.g., urban water management planning act. ACWA and SCWA have not yet
produced a draft of the legislation for review by the ACWA State Legislative Committee. Their goal is to
draft legislation that is consistent with the water conservation and water use efficiency statement of
principles recently adopted by the ACWA Board of Directors. The principles focus on achieving a
statewide conservation savings goal rather than imposing local or regional targets. The legislation will
focus on a locally- managed, incentive -based based approach as compared to the centralized, regulatory
approach pursued by the authors of AB 2175 last year. Current Position: Not Yet Considered
Recommended Position: Watch
:1 }493 (Madonado) Water conservation.
Introduced: 2/26/2009
Status: 3/12/2009 -To Com. on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/12/2009 -5. RLS,
Summary: Existing law authorizes public entities that supply water, by the adoption of an ordinance or
resolution pursuant to specified procedures, to adopt and enforce a water conservation program. This
bill would declare legislative intent to enact legislation to promote water conservation.
Laws: An act relating to water conservation.
Notes 1: This legislation is a placeholder (spot bill) that will require substantive amendments prior to
April 2, 2009 in order to be eligible for consideration this year. The District should closely monitor the
legislation given the subject matter. Current Position: Not Yet Considered. Recommended Position:
Watch
513 561 (CWIdM) Urban water suppliers: urban water management plans.
Introduced: 2/27/2009
Status: 3/12/2009 -To Com, on RLS.
Is Urgency: N
Is Fiscal: N
Location: 3/12/2009 -S. RLS.
Summary: Existing law requires every urban water supplier to prepare and adopt an urban water
management plan, as prescribed. This bill would make technical, nonsubstantive changes to that
provision.
Laws: An act to amend Section 10620 of the Water Code, relating to water.
Notes 1, This legislation is a placeholder (spot bill) that will require substantive amendments prior to
April 2, 2009 in order to be eligible for consideration this year. The District should closely monitor the
legislation given the subject matter. Current Position: Not Yet Considered. Recommended Position:
Watch
;SJE£Sz99 (Cor ) public contracts: public works: competitive bidding.
Introduced: 2/27/2009
Status: 3/19/2009 -To Coms. on G.O. and L. GOV.
Is Urgency: N
Is Fiscal: Y
Location: 3/19/2009 -S. G.O.
Summary: Existing law sets forth the requirements for the solicitation and evaluation of bids and the
awarding of contracts by public entities for the erection, construction, alteration, repair, or improvement
of any public structure, building, road, or other public improvement. This bill would set forth requirements
for the solicitation and evaluation of bids, and the awarding of contracts by public entities for the
erection, construction, alteration, or addition to any work of improvement, estimated to cost more than
$50,000, that is not otherwise required to be performed under a competitively bid contract, as specified.
This bill contains other related provisions and other existing laws.
Laws: An act to add Chapter 1.9 (commencing with Section 21990) to Part 3 of Division 2 of the Public
Contract Code, relating to public contracts.
Notes 1: This legislation would rather inartfully remove the existing authority of the District and other
water and wastewater public utilities to use their own work force to construct or repair an improvement
(public works project) of any public structure, building, road, or other public improvement estimated to
cost over $50,000. The provisions of the legislation relating to the rejection of all bids are so poorly
written as to make it extremely difficult to implement. Legislation of this type has been introduced over
the years; it is usually sponsored by the Associated General Contractors of California and other private
contractor groups in an effort to secure the bulk of public works projects now performed by water and
wastewater public utilities under force account. While with the Association of California Water Agencies, I
was able to develop an effective opposition coalition to such legislation with the public employee unions.
I expect that approach to be taken again by ACWA. Nevertheless, since it has been many years since
similar legislation was defeated, and given the turnover in the Legislature due to the effect of term
limits, it will take a significant lobbying and education effort to turn back this legislation. Current Position:
Not Yet Considered. Recommended Position: Oppose
SB 711 (Jgr.LQ) Public meetings: closed sessions: labor negotiations.
Introduced: 2/27/2009
Status: 3/24/2009 -Set for hearing April 15.
Is Urgency: N
Is Fiscal: Y
Location: 3/19/2009 -S. L. GOV.
Calendar: 4/15/2009 9:30 a.m. - Room 112 SENATE LOCAL GOVERNMENT, WIGGINS, Chair
Summary: The Ralph M. Brown Act requires the meetings of the legislative body of a local agency to be
conducted openly and publicly, with specified exceptions. Under the act, the legislative body of a local
agency may hold a closed session with the local agencies' designated representatives regarding
negotiations concerning employee compensation but is required, in an open and public session prior to
those closed sessions, to disclose specified information identifying the agency's designated
representatives. Existing law prohibits a closed session from including any final action on the proposed
compensation of unrepresented employees. The act also requires the legislative body of a local agency
to publicly report any action taken in closed session, as prescribed, including the approval of an
agreement concluding labor negotiations with represented employees after the agreement is final and
has been accepted or ratified by the other party. The act provides a legislative body or elected official is
not in violation of certain provisions of the act if the agenda that describes a closed session item is in
substantial compliance by including specified information. This bill would additionally require a local
agency, before holding a closed session regarding employee compensation, to identify the employee or
class of employees that are the subject of the negotiations, the representatives of the employees, and
all known matters within the scope of the negotiations, and to also make available to the public certain
written proposals. The bill would require the legislative body, before commencing negotiations for a new
collective bargaining agreement or initial proposal for an unrepresented employee, to present, in an
open and public session, the new collective bargaining agreement or an initial proposal. The bill would
additionally require any vote of the legislative body on the collective bargaining agreement or initial
proposal to be taken at an open and public session. This bill contains other related provisions and other
existing laws.
Laws: An act to amend Sections 54954.5, 54957.1, and 54957.6 of the Government Code, relating to
public meetings.
Notes 1: This legislation would require most of what occurs during the course of labor negotiations
between a public agency and its represented employees to be open and public. For example, this
legislation would require the disclosure of a proposed collective bargaining agreement before any
negotiations occurred. According to the District's General Counsel, however, negotiations do not occur in
this manner. Parties generally work on one issue at a time or a bundle of related issues and do not
exchange entire memoranda of understanding. The legislation also would require the disclosure of all
writings associated with a proposed action. The legislation also would require that any cost analyses
and the assumptions for such analyses be make public before a vote. And, the legislation would not
allow a vote to be taken in close session. Current Position: Not Yet Considered. Recommended Position:
Oppose
SB 735 (Steinberg) Safe, Clean, and Reliable Drinking Water Supply Act of 2010.
Introduced: 2/27/2009
Status: 3/19/2009 -To Corns. on N.R. & W. and EQ.
Is Urgency: Y
Is Fiscal: Y
Location: 3/19/2009 -S. N.R. & W.
Summary: Under existing law, various measures have been approved by the voters to provide funds
for water supply and protection facilities and programs. This bill would enact the Safe, Clean, and
Reliable Drinking Water Supply Act of 2010, which, if approved by the voters, would authorize the
issuance of bonds in the amount of $9,785,000,000 pursuant to the State General Obligation Bond Law
to finance a water supply reliability and water source protection program. This bill contains other related
provisions.
Laws: An act to add Division 26.7 (commencing with Section 79700) to the Water Code, relating to
financing a water supply reliability and water source protection program, by providing the funds
necessary therefor through an election for the issuance and sale of bonds of the State of California and
for the handling and disposition of those funds, and declaring the urgency thereof, to take effect
immediately.
Notes 1: Please refer to side -by -side analysis of the five water G.O. Bond measures. This particular
legislation contains a number of restrictions on expenditures relating to local projects and state
infrastructure projects that will have to be amended before the District —and groups like the Association
of California Water Agencies and State Water Contractors —can fully support a final version. This
legislation would impose a fee on all water users to pay debt service on the bonds issued pursuant to
this bill and for other water infrastructure and ecosystem restoration projects throughout the state,
subject to appropriation by the Legislature. Current Position: Not Yet Considered. Recommended
Position: Oppose unless amended.
f51j7.0 (pwdgy) Water consumption fee.
Introduced: 2/27/2009
Status: 3/19/2009 -To Com. on N.R. & W.
Is Urgency: N
Is Fiscal: N
Location: 3/19/2009 -S. N.R. & W.
Summary: Existing law requires a person who files a specified application, registration, petition, or
request relating to water use to pay certain fees imposed by the State Water Resources Control Board,
in accordance with a prescribed fee schedule. This bill, with specified exceptions, beginning on an
unspecified date, would impose, on a person diverting or extracting more than an unspecified amount of
water, a water resource consumption fee in an unspecified dollar amount per acre -foot of water diverted
or extracted. The fees would be deposited in the Water Resources Consumption Fund, which the bill
would create, the proceeds of which would be available, subject to appropriation, for unspecified
purposes. This bill contains other existing laws.
Laws: An act to add Part 5.2 (commencing with Section 5200) to Division 2 of the Water Code, relating
to water.
Notes 1: Local agencies currently establish rates and charges sufficient to recover the costs of providing
water service. This bill would impose a State of California "public goods charge" on all water diverted
and all groundwater extracted, except for groundwater extracted as part of the operation of a
groundwater bank. Since the Agency does not now operate a recognized groundwater bank, it would
likely be responsible for its share of fees imposed on the State Water Project diversions as well as
groundwater pumped to serve its customers. There are a lot of blanks in this legislation that will need to
be filled in over time. However, it is unlikely that the Agency or its customers would be well- served by
the imposition of a state water tax to be used for unspecified purposes. Current Position: Not Yet
Considered. Recommended Position: Oppose
'5l3 808 (Wolk) San Francisco Bay /Sacramento -San Joaquin Delta Estuary: strategic work plan.
Introduced: 2/27/2009
Status: 3/27/2009 -Set for hearing April 14.
Is Urgency: Y
Is Fiscal: Y
Location: 3/19/2009 -5. N.R. & W.
Calendar: 4/14/2009 9 a.m. - Room 112 SENATE NATURAL RESOURCES AND WATER, PAVLEY, Chair
Summary: Under existing law, various state agencies administer programs relating to water supply,
water quality, and flood management in the San Francisco Bay /Sacramento -San Joaquin Delta Estuary.
This bill would require the State Water Resources Control Board to implement its resolution entitled the
Strategic Workplan for Actions to Protect Beneficial Uses of the San Francisco Bay /Sacramento -San
Joaquin Delta Estuary by commencing an investigation of the reasonableness of the methods of
diversions from the Sacramento -San Joaquin Delta used by the State Water Project and the federal
Central Valley Project, ensuring that the implementation is consistent with its duties to protect the public
trust and prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method
of diversion of water, and taking other action. The state board would be required to prepare related
quarterly reports, which the state board would be required to make available to the public and to post
on the state board's Internet Web site. This bill contains other related provisions.
Laws: An act to add Chapter 4 (commencing with Section 12228) to Part 4.5 of Division 6 of the Water
Code, relating to the San Francisco Bay /Sacramento -San Joaquin Delta Estuary, and declaring the
urgency thereof, to take effect immediately.
Notes 1: This legislation is similar to AB 1806 (2008) by the same author that was later amended to
remove provisions similar to those included in this legislation. The State Water Contractors and the
Agency opposed AB 1806 when these provisions were part of the legislation. The State Water Resources
Control Board, pursuant to Section 1391 of the Water Code, has fully enumerated a number of
conditions relating to the operation of the State Water Project. Further, the state board, pursuant to
Section 1394, reserves jurisdiction to amend, revise, supplement, or delete terms and conditions in the
permits issued to the State Water Project. The state board adopted Water Right Decision 1641 in March
2000 and amended the decision as recently as 2002. D -1641 is part of the state board's implementation
of the 1995 Bay -Delta Plan. Many of the objectives in the 1995 Bay -Delta Plan are best implemented by
making changes in the flow of water or in the operation of facilities that move water. Accordingly, this
decision amended water rights by assigning responsibilities to the persons or entities holding those
rights to help meet the objectives, including the State Water Project. As part of its 2008 -2012 Strategic
Plan, the state board identified actions that it would take in response to the completion of the Bay Delta
Conservation Plan. The latter identifies ecosystem restoration actions in relation to water supply export
operations of the SWP and Federal Central Valley Project. The Department of Water Resources and US
Bureau of Reclamation participate (the State Water Contractors are participating as well)in the planning
effort that will end with a NEPA /CEQA document in support or a Habitat Conservation Plan (Federal) and
Natural Community Conservation Plan (California). The process will inform and support the design and
construction of Delta conveyance improvements for the two water supply projects. Presently, operations
of the State Water Project are subject to biological opinions issued under the Endangered Species Act.
And, the recent Wanger decision in federal district court has significantly reduced the ability of the State
Water Project to reliably meet the water supply needs of the State Water Contractors. These regulatory
actions and judicial orders are both aimed at reducing the impact of the State Water Project on Delta
fisheries. This legislation directs the state board to initiate specific regulatory actions ahead of the
current process of completing BDCP and the process the state board set forth in its strategic plan.
Current Position: Not Yet Considered. Recommended Position: Oppose
Total Measures: 32
Total Tracking Forms: 32
sow mly
NOT
\_\ \
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IN
111 0 East Valley
_ rows Water District
3654 East Highland Avenue, Suite 18, Highland, CA 92346 Serving Our Community for Over 50 Years
P.O. Box 3427, San Bernardino, CA 92413
BOARD OF DIRECTORS
Construction of the new North Fork pipeline will be complete before the April 10
deadline. Cleanup, grading and final detail work can continue after the April 10, deadline.
'The original FEMA Grant was approved in the amount of $5,379,629, with a FEMA
obligation of $4,100,000 and an EVWD North Fork shareholders obligation of
$1,279,629. The projected cost of the project is $5,003,527. There is some EVWD
employee labor that will be included in the shareholder obligation, which is not
re:rundable by FEMA. The District's Accounting Department has estimated the actual
cost of the project to include the extra EVWD labor. The North Fork shareholders,
including EVWD, will be required to pay a little over 25% of the total project cost
because, of the EVWD labor.
EVWD owns 50% of the North Fork infrastructure and therefore is responsible for the
majority of the costs. The costs are broken down below.
Total projected job cost: $5,003,527
FEMA obligation: $3,727,693
'Total Shareholder obligation: $1,275,834
50% EVWD share of
obligation: $ 637,917
There are 7,200 shares of North Fork stock; therefore the remainder of the cost is divided
between the shareholders. $637,917 divided by 7,200 equals: $88.60 per share.
Administration (909) 885 -4900, Fax (909) 889 -5732 • Engineering (909) 888 -8986, Fax (909) 383 -1481
Customer Service (909) 889 -9501, Fax (909) 888 -6741 • Finance (909) 381 -6463, Fax (909) 888 -6741
Donald D. Goodin
Memorandum
President
George E. "Skip Wilson
Vice President
Date:
March 30, 2009
Kip E. Sturgeon
Director
Matt Le Vesque
To:
East Valley Water District Board /North Fork Board
Director
James Morales, Jr
.From:
Gary Sturdivan �j�31/��'
Director
Robr Martin
Gene
al Managin
r er
Brian W. Tompkins
Subject:
North Fork Canal Replacement Project Update
Chief Financial Offloer
Ronald E. B la
hwa tl
District Engineer
Construction of the new North Fork pipeline will be complete before the April 10
deadline. Cleanup, grading and final detail work can continue after the April 10, deadline.
'The original FEMA Grant was approved in the amount of $5,379,629, with a FEMA
obligation of $4,100,000 and an EVWD North Fork shareholders obligation of
$1,279,629. The projected cost of the project is $5,003,527. There is some EVWD
employee labor that will be included in the shareholder obligation, which is not
re:rundable by FEMA. The District's Accounting Department has estimated the actual
cost of the project to include the extra EVWD labor. The North Fork shareholders,
including EVWD, will be required to pay a little over 25% of the total project cost
because, of the EVWD labor.
EVWD owns 50% of the North Fork infrastructure and therefore is responsible for the
majority of the costs. The costs are broken down below.
Total projected job cost: $5,003,527
FEMA obligation: $3,727,693
'Total Shareholder obligation: $1,275,834
50% EVWD share of
obligation: $ 637,917
There are 7,200 shares of North Fork stock; therefore the remainder of the cost is divided
between the shareholders. $637,917 divided by 7,200 equals: $88.60 per share.
Administration (909) 885 -4900, Fax (909) 889 -5732 • Engineering (909) 888 -8986, Fax (909) 383 -1481
Customer Service (909) 889 -9501, Fax (909) 888 -6741 • Finance (909) 381 -6463, Fax (909) 888 -6741
EVWD owns 5,829.49 shares of stock. EVWD's cost for this project is calculated below:
50% infrastructure obligation: $637,917
$88.60 X 5,829.49: $516,492.82
Iotal EVWD obligation: $1,154,409.82
Each North Fork shareholder will be assessed $88.60. Attached is a list of the North Fork
shareholders and the amount of stock that is owned by each shareholder.
It is proposed that the EVWD Board of Directors authorize staff to offer the North Fork
shareholders, one of three options to pay their portion of the assessment.
1. Shareholders can pay the special assessment in full.
2. Shareholders can work with staff to come up with a payment plan to include
interest of 6 %, payable over a 5 to 10 year period.
3. EVWD will purchase North Fork shares at a reduced rate of $86.40.
Shares normally sell for $175.00, but the price is reduced by the $88.60
assessment. Some shareholders may want to retain water usage from their shares
for a limited number of years paying only the yearly assessment.
There are 44 shares of North Fork stock that are owned by North Fork. No one is sure
how North Fork obtained these shares. It is believed the shares were obtained, due to
non- payment of assessments. Staff does not know who originally owned the shares.
Staff is proposing, that the 44 shares are put up for sale at public auction.
STOCKHOLDERS /ASSESSMENTS - NORTH FORK WATER COMPANY 3 -31 -2009
PROPOSED
4.00
GRANT
YEARLY
WITH ARNOTT
ASSESS -MENT
$88.60
$10.00 PER
NAME SHARES PER SHARE
SHARE
Abbott, Eu ene
4.00
$ 354.40
$ 40.00
Allen, Mark
8.50
$ 753.10
$ 85.00
Arnott Brothers Enterprises
55.00
$ 4,873.00
$ 550.00
Annott Poultry Ranch
138.00
$ 12,226.80
$ 1,380.00
Arnott, Gailen & Helen
66.67
$ 5,906.96
$ 666.70
Buster, William
8.00
$ 708.80
$ 80.00
Cagle, Brucie
4.00
$ 354.40
$ 40.00
Caalva Chapel
72.50
$ 6,423.50
$ 725.00
Christianson, Richard
3.00
$ 265.80
$ 30.00
Christianson, Robert & John
48.00
$ 4,252.80
$ 480.00
EVWD
5,829.49
$ 516,492.81
$ 58,294.90
Frank, Richard
10.00
$ 886.00
$ 100.00
Gutierrez, Jose
9.00
$ 797.40
$ 90.00
Hennon, Kerry & Terri
5.00
$ 443.00
$ 50.00
Hi eland Pro erties Warner}
36.00
$ 3,189.60
$ 360.00
Hooker-Murray, Elva
34.00
$ 3,012.40
$ 340.00
Jones, Ross & Judy
30.00
$ 2,658.00
$ 300.00
Kemper, Garland
50.00
$ 4,430.00
$ 500.00
Kiel, Elizabeth
143.00
$ 12,669.80
$ 1,430.00
McNeal, Duckworth & McNeal, Inc.
6.80
$
602.48
$ 68.00
McNeal, Fred
43.20
$ 3,827.52
$ 432.00
Merritt, Ray
2.00
$
177.20
$ 20.00
North Fork owned shares
44.00
$ 3,898.40
$ 440.00
Patterson, Ed
20.00
$
1,772.00
$ 200.00
Rich, Beverley
5.00
$ 443.00
$ 50.00
Riddle, Linden & Margaret
10.00
$
886.00
$ 100.00
Smith, Nigel C.
3.00
$
265.80
$ 30.00
Stallings, Larry
3.50
$
310.10
$ 35.00
Wattenber, er, Wallace
5.00
$
443.00
$ 50.00
Wright, Arnold
5.00
$
443.00
$ 50.00
Wri ht, Arnold & Margaret
175.57
$
15,555.50
$ 1,755.70
Wrest, Margaret
285.10
$
25,259.86
$ 2,851.00
Yucaipa Valle Water District
37.67
$
3,337.56
$ 244.86
TOTALS 1
$7,200.00
$ 637,920.00
$ 71,868.16
REVISED 3/3112009
3
REGISTRAR OF VOTERS
777 Eas: Rialto Avenue ^ San Bernardino, CA 92415 -0770 • (909) 387 -8300
Fax(909)387 -2022
March 2:5, 2009
EAST VALLEY WATER DISTRICT
Justine Hendricksen, Administrative Manager
PO Box 3427
San Bernardino, CA 92413
Re: August 25, 2009 Mail Ballot Election
uWu1Vl1 Vr ZAN O>CMAHUMU
PUBLIC AND SUPPORT
SERVICES GROUP
Karl Veriil
Registrar of Voters
Thank you for adopting your resolution to conduct your next general district election by mail on August 25,
2009. Our office has received positive comments regarding our most recent mail ballot election, which was
held on March 17 in Ward 4 for the City of San Bernardino. Election Night results were posted at 8:15 pm,
which is hours earlier than elections with polling places.
Following is additional information about the mail ballot election process that you may find useful:
Jurisdictions Conducting Mail Ballot Elections on August 25:
• Arrowbear Park County Water District
• Baker Community Services District
• Barstow Heights Community Services District
• Chino Valley Independent Fire District
• Crest Forest Fire Protection District
• Crestline -Lake Arrowhead Water Agency
• Crestline Village Water District
• Daggett Community Services District
• East Valley Water District
• Lake: Arrowhead Community Service District
• Mariana Ranchos County Water District
• Morongo Valley Community Services District
• Rim of the World Recreation and Park District
• Twentynine Palms Water District
Ballot Question for Future Mail Ballot Elections:
As indicated in my previous correspondence, your voters will decide if future elections should be conducted
by mail by voting on the following question:
"Shall the Mailed Ballot be used to conduct all future General Elections ?"
If the majority of the voters favor the all- mailed ballot election, it shall be adopted as the procedure for
conducting future general district elections. If the question is rejected by the voters, it may be resubmitted at
any subsequent general election.
MARK OF FER Board of Supervisors
County Administrative Officer BRAD MITZELFELT .... ..........................First District NEIL DERRY ......... .......... ........... ...... rhini District
NORMAN A. KANCLD PAUL BIANE ........... .........................Second District GARY C. OVITT, Chairman........... Fourth Dstrict
Assistant County Administrator JOSIE GONZALES, Vice Chair...... Fifth District
Public and Support
Services Group
t awn i , yr a,•n ocnnnnUMV
REGISTRAR: OF VOTERS
cov_i+ry""" PUBLIC AND SUPPORT
s%a es&Altia5m: SERVICES GROUP
777 Eas; Rialto Avenue •San Bernardino, CA 92475.0770 • (909) 387 -8300 Kan Verjil
Fax (909) 387 -2022 Registrar of Voters
Change of Election Date Notices:
After consulting with legal counsel, it has been determined that mailing change of election date notices to
voters is not required. Please contact Michelle Flom at (909) 387 -2087 by April 6 if your district
chooses to provide change of election notices to your voters, and our office will coordinate the
printing and mailing of the notices.
Revoking Adoption of the Mail Ballot Election:
Several districts have inquired if there is a method to revoke mail ballot elections after voter approval is
received. According to Elections Code 4003, the district may, by resolution of the governing board, revoke
the adoption of the mail ballot procedure and order the general election to be held by polling place method in
November of odd numbered years pursuant to Elections Code 10402.
Dates of Interest for the August 25, 2009 Mail Ballot Election:
Notice to Registrar of Voters
Please complete the enclosed form along with a map showing your district boundaries, using the enclosed
Requirements for District Maps as reference, and return it to our office no later than April 22, 2009.
Nomination Seminar
Nomination Seminars are provided to assist you with the preparation for your district's candidate filing
period. You will need to attend the seminar if you plan to issue Declarations of Candidacy in your office.
After reviewing the attached list of seminars, please contact Karen Irelan at (909) 387 -2608 or
kii-elaii@rov.sbcounty.gov to make reservations.
Candidate Seminar
Please notify any incumbents or interested candidates for your board of the Candidate Seminar to be held at
1:30 p.m. on the same day and area of the Nomination Seminar.
Election Calendar
The election calendar provides election related events and other time frames that pertain to your election.
In closing, I would like to thank you again for taking advantage of the mail ballot voting option. In the
upcoming months, I will be encouraging special districts that currently conduct elections in the even year
cycle to consider the mail ballot voting option. As additional districts transition to the mail ballot process,
election costs will decrease.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Kari Verjil s
Registrar of Voters
KV /mf
MARK OFFER
County Administrative Officer
Board of Supervisors
BRAD MITZELPEL7 .... .......................... First District NEIL DERRY..... ............................... Third D;sUict
NORIOAN A. KANOLD
PAUL BANE ........... .........................Second District GARY C. OVITT, Chairman........... Fourth District
Assisla nt County Administrator
JOSIE GONZALES, Vice Chair...... Fifth District
Public and Support
Services Group
NOTICE TO REGISTRAR OF VOTERS
UDEL MAIL BALLOT ELECTION, AUGUST 25, 2009
(E.C. §10509)
DISTRICT NAME: EAST VALLEY WATER DISTRICT
ADDRESS: PO Box 3427, San Bernardino CA 92413
MAILING ADDRESS:
E -MAIL. ADDRESS:
• LIST OF DIRECTORS WHOSE TERMS EXPIRE ON DECEMBER 4, 2009
NAME
FULL TERM /
SHORT TERM
(Circle FT or ST)
APPOINTED /
ELECTED
(Circle A or E)
DATE OF
APPOINTMENT
FT /ST
A/E
If the District is to pay, the Registrar of Voters shall bill the
- - --
District for the actual cost of preparation of the candidates'
FT /ST
A/E
---
FT/ST
A/E
- - --
FT / ST
A/E
- - - --
FT / ST
A/E
- ---
CANDIDATE'S Who is to pay the cost of the printing and handling of statement? Please check
STATEMENT: the appropriate box.
❑ CANDIDATE:
If the candidate is to pay, the candidate will pay a deposit
at the time of filing statement.
❑ DISTRICT:
If the District is to pay, the Registrar of Voters shall bill the
District for the actual cost of preparation of the candidates'
statements filed.
DISTRICT MAP: Pursuant to E.C. §10522 a district map showing boundaries and applicable
divisions is enclosed with this Notice.
CERTIFICATION
I certifv that the enclosed district map showing boundaries and applicable divisions is true and correct as
of this date, and is submitted in compliance with Section 10522 of the Elections Code for use in the
Uniform District Election Law Mail Ballot Election to be held on August 25, 2009.
Dated: _ Signed:
(Secretary of District/Phone Number)
REQUIREMENTS FOR DISTRICT MAPS
■ Boundaries for the District need to show the overall election
district and any election subdivisions.
■ The features used in the legal description of the election district
must be indicated on the map.
FOR EXAMPLE:
➢ Township, Range, and Section lines must be drawn if
they are used in the legal description.
➢ Natural features such as rivers and ridgelines must be
drawn if they are used in the legal description.
➢ Physical features such as railroads and streets must be
drawn if they are used in the legal description.
➢ Property boundaries must be drawn if they are used in the
legal description.
• Any part of the district not clearly displayed on the overall map
will need to be drawn on a separate map at a scale sufficient to
clearly delineate the course of the boundary in that area or
included as in inset on the overall map.
• The district map must be dated and signed off on by the district
manager or primary elected official or board.
• Maps of the district produced by the Registrar of Voters office
may not be submitted for use.
• The district may submit the actual legal description in lieu of a
map, but it must be signed by a licensed land surveyor.
• If at all practical, an electronic version (.pdf, .tiff, .jpg) would be
appreciated.
• If you have any questions about maps or legal descriptions,
please contact David Widdicombe (909) 387 -2045.
NOMINATION SEMINAR —10:00 am
CANDIDATE SEMINAR —1:30 pm
April 23, 2009
Crestline -Lake Arrowhead Water Agency
24116 Crest Forest Dr.
Cholla Room
Crestline, CA 92325
April 27, 2008
Town of Yucca Valley
57090 Twentynine Palms Highway
Yucca Valley, CA 92284
April 28, 2009
Registrar of Voters Office
777 E. Rialto Ave
San Bernardino, CA
April 30, 2009
Mariana Ranchos County Water District
9600 Manzanita St.
Apple Valley, CA 92308
Page 1
UNIFORM DISTRICT ELECTION LAW
MAIL BALLOT ELECTION
AUGUST 25, 2009
(E.C. §§ 4000 et seq., 9300 et seq., 10500 et seq.)
This information is for general information only and does not have the force and effect of law, regulations, or
rule. In case of conflict, the law, regulation, or rule will apply. Because of possible changes in law or
procedure; since the publication of this information, the candidate should obtain the most up -to -date information
available. Responsible parties have been indicated.
Please call (909) 387 -8300 if you have any questions or comments or visit our website at www.sbcrov.corn
DATE
PERSON
DESCRIPTION
RESPONSIBLE
ADOPT NOTICE OF GENERAL DISTRICT ELECTION AND PROVIDE MAP TO
ROV (E. C. §§ 10509, 10520, 10522)
April 22
District
No later than this date the District Secretary shall forward a notice containing the
('125)
Secretary
elective offices to be filled and whether the district or candidate is to pay for the
candidate's statement. Said notice shall bear the secretary's signature and the
district seal. The District Secretary shall also deliver a map showing the current
boundaries of the district and divisions, if any. l
—
REQUEST RANDOMIZED ALPHABET (E. C. § 13113)
April 22
Registrar of
Voters
No later than this date notify the Secretary of State of election date and last day
('125)
for nominations, and request randomized alphabet for order of names on the
ballot.
PUBLISH NOTICE OF ELECTION (E. C. §§ 12109, 12112, 12113)
Between these dates the Registrar of Voters shall publish once in a newspaper of
general circulation published in the district or, if no such newspaper exists, a
newspaper having general circulation in the district, a Notice of Election, which
shall contain the following:
IM Date of election.
W Name of each office for which candidates may file.
M Qualifications required by the principal act for each office.
IM The location where Declaration of Candidacy may be obtained.
April 27 –
Registrar of
IM Office in which completed declarations are required to be filed.
May 27
Voters /
M Date and time after which no Declaration of Candidacy may be accepted
(120-90)
District
for filing.
Secretary
W Statement that appointment to office will be made pursuant to E.0 §
10515 if there are insufficient nominees and no petition has been filed
requesting the election be held.
M Location of Central Counting Place for all ballots
Said notice shall also be delivered to the District Secretary and posted in the
district office.
GENERAL PRESS RELEASE (E.C. § 12112)
In addition to the above notice, the Registrar shall by general press release set
forth the offices to be filled and provide a telephone number voters may use to
obtain information regarding filing for elective office.
Page 2
UNIFORM DISTRICT ELECTION LAW
MAIL BALLOT ELECTION
AUGUST 25, 2009
(E.C. §§ 4000 et seq., 9300 et seq., 10500 et seq.)
DATE
- PERSON
DESCRIPTION _
RESPONSIBLE
OBTAIN AND FILE DECLARATION OF CANDIDACY (E.C. § 10510)
Between these dates a candidate may obtain and file a Declaration of
Candidates /
Candidacy with the Registrar of Voters in person, or by mail. If by mail,
Mav 4 -
Registrar of
Declaration of Candidacy may be returned by certified mail in time to reach the
May 29
Voters !
Registrar of Voters by no later than the filing deadline.
(113 - 88)
District
Either the Registrar of Voters or the District Secretary will issue the Declaration
Secretary
of Candidacy.
No candidate shall withdraw his or her Declaration of Candidacy after 5 p.m.
on the 88'" day prior to the election.
CANDIDATE STATEMENT (E.C. §§ 10540, 13307, 13308, 13311, 18351)
Optional statement of candidate's education and qualifications, not exceeding
200 words in length, shall be filed at the same time and in the same place as
Declaration of Candidacy.
Candidates !
Any candidate statement submitted shall be limited to the recitation of the
May 4 -
Registrar of
candidate's own personal background and qualifications, and shall not in any
May 29
(113 - 88)
Voters !
District
way make reference to other candidates for that office or to another
Secretary
candidate's qualifications, character or activities.
Candidate statements are confidential until deadline for filing has passed.
6 PUBLIC EXAM PERIOD (E. C. § 13313)
The 10 day exam period for Candidate Statements will be held May 30
thru June 8. If extension applies, see extension period.
May 4
STATEMENT OF ECONOMIC INTEREST (G.C. §§ 87302.3)
May 29
Candidates
Every candidate for an Office is required to file a Statement of Economic
(113-88)
Interest with the elections official by the end of the candidate filing period.
Candidates !
CODE OF FAIR CAMPAIGN PRACTICES (E.C. § 20400 et seq.)
May 4 -
Registrar of
May 29
Voters!
At the time a candidate is issued nomination papers each candidate will be
(113 - 88)
District
issued a Code of Fair Campaign Practices. Filing it is voluntary and it may be
Secretary
filed with the Registrar of Voters any time prior to the election.
FILE DECLARATION OF CANDIDACY /WITHDRAW (E. C. § 10510)
May 29
Candidates /
Last day for candidates to file their Declarations of Candidacy and Candidate
(88)
Registrar of
Voters
Statements with the Registrar of Voters. (Candidate Statement is optional).
This is also the last day to withdraw candidacy. Candidate must withdraw
before 5 p.m., unless there is an extension of the nomination period.
Page 3
UNIFORM DISTRICT ELECTION LAW
MAIL BALLOT ELECTION
AUGUST 25, 2009
(E.C. §§ 4000 et seq., 9300 et seq., 10500 et seq.)
—
DATE
- PERSON
RESPONSIBLE
—_
DESCRIPTION .
_
BALLOT MEASURE (E.C. §§ 9312, 13247)
May 29
District
Last day for resolution calling a measure to be submitted to the Registrar of
(E8)
Voters. A copy shall be available to any voter. The statement of all measures
submitted to the voters shall be abbreviated on the ballot. The statement shall
contain not more than 75 words for each measure to be voted on.
PUBLISH NOTICE OF ELECTION (E. C. § 9502; G. C. §6061)
Nlay 29
Registrar of
Publish a Notice of Election as soon as possible pursuant to E.C. §12111 of
(88)
Voters
the California Elections Code. A synopsis of the measure(s) shall be included
in the publication. Government Code 6061 requires the notice to be published
once. The last day to submit arguments to the Registrar of Voters should also
be included in the notice.
Candidates I
WITHDRAW CANDIDATE STATEMENT (E.C. § 13307)
May 30"
Registrar of
(87)
Voters
Last day to withdraw candidate statement, unless there is an extension of the
nomination period. Withdrawal of candidate statement must be in writing.
EXTENSION OF NOMINATION PERIOD (E. C. §§ 10510, 10516)
If the incumbent does not file by 5 p.m. on the last day of the nomination
period, any eligible person, other than the incumbent, shall have until 5 p.m. of
Candidates /
the 83rd day prior to the election to file a Declaration of Candidacy. The
May 30`-
Registrar of
nomination extension is not applicable where there is no incumbent to be
June 3
Voters /
elected. If this section is applicable, a candidate may withdraw his or her
(87-83)
District
Declaration of Candidacy up until 5:00 p.m. on the 83`d day before the election.
99 PUBLIC EXAM PERIOD FOR EXTENSION (E. C. § 13313)
The 10 day exam period for Candidate Statements will be held June 4
thru June 13.
LAST DAY TO WITHDRAW MEASURE (E.C. § 9605)
June 3
(83)
District
Whenever a legislative body has ordered that a measure be submitted to the
voters of any jurisdiction at an election, the order of election shall not be
amended or withdrawn after this date.
APPOINTMENT OF CANDIDATE (E. C. § 10515)
If there are insufficient nominees for the offices to be filled, and a petition
Registrar of
requesting the election be held has not been presented to the officer
June 3
Voters /
conducting the election, then the election shall not be held.
(83)
District
Secretary
The Registrar of Voters shall request the Board of Supervisors to appoint the
qualified candidate(s) to such office. If there are no candidates, the Board
shall appoint a qualified person to each office. Persons appointed shall qualify,
take office, and serve as if elected.
Page 4
UNIFORM DISTRICT ELECTION LAW
MAIL BALLOT ELECTION
AUGUST 25, 2009
(E.C. §§ 4000 et seq., 9300 et seq., 10500 et seq.)
DATE
PERSON
RESPONSIBLE'
DESCRIPTION,
Candidate I
WITHDRAW CANDIDATE STATEMENT (EXTENSION) (E.C. §§ 10516,
June 4
Registrar of
13307)
(£32)
Voters
In the event there is an extension of the nomination period, candidates may
have until this date to withdraw candidate statements
RANDOMIZED ALPHABET (E. C. § 13113)
June 4
Secretary of
(82)
State
On this date the Secretary of State shall conduct a drawing of the alphabet: for
determining the order of candidates' names on the ballot.
SEND LIST OF CANDIDATES TO DISTRICT SECRETARY
June 4
(E.2)
Registrar of
Voters
Approximate date to send list of qualified candidates to District Secretary and
other county if it is involved. If election is not held, inform district of procedures
that will be followed.
LAST DAY TO SUBMIT IMPARTIAL ANALYSES (E. C. §§ 9313, 9314)
Last day for County Counsel to submit impartial analysis to Registrar of Voters.
June 8
The analysis shall be printed in the pamphlet preceding the arguments for or
(78)
County Counsel
against the measure. The analysis is limited to 500 words.
0 PUBLIC EXAM PERIOD (E.C. § 9380)
There will be a 10 -day exam period for the Impartial Analysis. The period
will be held June 09 thru June 18.
LAST DAY TO FILE ARGUMENTS (E.C. §§ 9315, 9316, 9600)
Last day set by Registrar of Voters to submit arguments in favor or against the
measure. Arguments may not exceed 300 words. No more than five signatures
June 8
Proponents I
shall appear with any arguments. Authors of Argument form shall accompany
(78)
Opponents
all arguments.
M PUBLIC EXAM PERIOD (E. C. § 9380)
There will be a 10 -day exam period for arguments. The period will be held
June 09 thru June 18.
REBUTTALS (E. C. §§ 9317, 9600)
Last day for the same authors of the primary argument to file rebuttals with the
June: 18
Proponents I
Registrar of Voters no later than 5:00 p.m. Rebuttals are limited to 250 words.
(68)
Opponents
Statement of Authors of Arguments form must be attached to the rebuttal.
tM PUBLIC EXAM PERIOD (E. C. § 9380)
There will be a 10 -day exam period for Rebuttals. The period will be held
June 19 thru June 29.
Page 5
UNIFORM DISTRICT ELECTION LAW
MAIL BALLOT ELECTION
AUGUST 25, 2009
(E.C. §§ 4000 et seq., 9300 et seq., 10500 et seq.)
PERSON
DESCRIPTION
RESPONSIBLE
WRITE IN CANDIDATES (E. C. § 8600 et seq.)
.June 29 —
Aug 11
Candidates /
Registrar of
Any qualified person wishing to file as a write -in candidate may pick up
(57- 14)
Voters
nomination papers. Papers must be filed with the Registrar of Voters no later
than 14 days prior to election day. Write -in candidates must also file
Statement of Economic Interest and campaign disclosure statements.
FILING DEADLINE FOR 1ST PRE - ELECTION and SEMI- ANNUAL COMBINED
Candidates /
CAMPAIGN DISCLOSURE STATEMENT (G. C. §§ 84200.5, 84200.8)
July 16
Committees /
(40)
Registrar of
Filing period for 1s' pre - election campaign statement covers transactions from
Voters
01/01/2009 through 07/11/2009. Statements must be sent by personal delivery
or first class mail.
MAIL OFFICIAL BALLOTS TO VOTERS (E.C. §§ 4000 at seq., 10540, 13307)
July 27 -
Registrar of
The Registrar of Voters shall mail official ballots to all qualified voters between
Aug. 15"
Voters
these dates. Instructions for voting and pamphlets with all necessary materials
(29 -10)
for voting by mail shall be included. Registrar may also include notice
informing voters they may return ballot by certified or registered mail. Voted
ballots must be received no later than 8:00 p.m. on Election Day.
FILING DEADLINE FOR 2"D PRE - ELECTION CAMPAIGN DISCLOSURE
Candidates I
STATEMENT (G. C. §§ 84200.5, 84200.8)
Aug 13
(1 �)
Registrar of
Filing period for 2 "d pre - election campaign statement covers transactions from
Voters
07/12/2009 through 08/08/2009. Statements must be sent by personal delivery
or guaranteed overnight service.
Aug. 10
Registrar of
CLOSE OF REGISTRATION (E.C. §§ 2106, 2107)
(1:5)
Voters
Last day to register or transfer registration for this election.
Candidates /
FILE DECLARATION OF WRITE -IN CANDIDACY (E.C. § 8600 et seq)
Aug. 11
(14)
Registrar of
Voters
Last day for write -in candidates to submit their write -in nomination documents
with the Registrar of Voters.
PROCESS MAILED BALLOTS (E. C. § 15100 et seq.)
Aug. 14
(1'I)
Registrar of
Voters
When ballots are to be counted by computer, the Registrar of Voters may
begin processing ballots 7 business days prior to the election. No count may
be made until after the polls close on Election Day.
Page 6
UNIFORM DISTRICT ELECTION LAW
MAIL BALLOT ELECTION
AUGUST 25, 2009
(E.C. §§ 4000 et seq., 9300 et seq., 10500 et seq.)
DATE
-- PERSON
RESPONSIBLE
DESCRIPTION
d�
ELECTION DAY
Aug. 25
NOTE
$
Ballots must be received by 8:00 p.m. on Election Day to be counted.
CANVASS ELECTION RETURNS (E. C. § 15301 et seq.)
Aucl. 27
Registrar of
( +2)
Voters
Registrar of Voters shall commence official canvass pursuant to Elections
Code, no later than first Thursday following the election.
Aug. 28 -
ONE PERCENT MANUAL TALLY (E. C. § 15360) I
Sept. 09
Registrar of
+(3 -15)
Voters
During the Official Canvass the Elections Official shall conduct a public manual
tally in 1 percent of the precincts chosen at random by the elections official.
SEND STATEMENT OF RESULTS (E. C. §§ 10550, 15372, 15374)
Sept. 22
Registrar of
As soon as the canvass is complete, no later than this date, the Registrar of
( +28)
Voters
Voters shall mail a statement of results of the election to the district. The
Registrar of Voters will also deliver to each person elected a certificate of
election.
COST OF ELECTION (E. C. §§ 10002, 10520)
Oct 24
Registrar of
( +E30)
Voters
Approximate date to send invoice to jurisdiction for cost of election. Any refund
on Candidate Statements will also be processed by this date.
OFFICERS TAKE OFFICE (E. C. § 10554)
Dec:. 4
Officers
Officers elected or appointed in lieu of election take office noon on the first
Friday in December following the election. Oath and bond (if required) must be
executed prior to taking office. Oaths are to be filed with the District Secretary.
SEND NOTICE TO SECRETARY OF STATE NO LATER THAN DECEMRER
Registrar of
31 (E. C. § 10552)
Dec. 31
Voters
No later than this date the Registrar of Voters shall send a notice to the
Secretary of State containing the information required in E.C. § 10552.
FILING DATE FOR SEMIANNUAL CAMPAIGN DISCLOSURE STATEMENT
Candidates /
(G.C. § 84200)
Feb 1
Committees !
Registrar of
Statement covers transactions through December 31. Statements must be sent
Voters
by personal delivery or first class mail.
NC) 7)E- Wirenever a date prescribed by law falls bn a weekend orholiday, such act may be performT
the ne)rf business day. (E.C, § 15,• G.C. §§ ti700,'001)